Page 429 TITLE 19—CUSTOMS DUTIES Ments Relating to the Return As the Secretary Shall Prescribe

Home , Trade Act of 1974

Page 429 TITLE 19—CUSTOMS DUTIES

ments relating to the return as the Secretary Sec. shall prescribe; or 2114e. Negotiation of agreements concerning high (2) if not returned to the country of origin, technology industries. be disposed of in the manner prescribed by law 2115. Bilateral trade agreements. 2116. Agreements with developing countries. for articles forfeited for violation of the cus- 2117. International safeguard procedures. toms laws. 2118. Access to supplies. (Pub. L. 92–587, title II, § 203, Oct. 27, 1972, 86 2119. Staging requirements and rounding author- Stat. 1297.) ity. § 2094. Rules and regulations PART 2—OTHER AUTHORITY The Secretary shall prescribe such rules and 2131. Authorization of appropriation for GATT revision. regulations as are necessary and appropriate to 2132. Balance-of-payments authority. carry out the provisions of this chapter. 2133. Compensation authority. (Pub. L. 92–587, title II, § 204, Oct. 27, 1972, 86 2134. Two-year residual authority to negotiate du- Stat. 1297.) ties. 2135. Termination and withdrawal authority. § 2095. Definitions 2136. Reciprocal nondiscriminatory treatment. 2137. Reservation of articles for national security For the purposes of this chapter— or other reasons. (1) The term ‘‘Secretary’’ means the Sec- 2138. Omitted. retary of the Treasury. (2) The term ‘‘United States’’ includes the PART 3—HEARINGS AND ADVICE CONCERNING several States, the District of Columbia, and NEGOTIATIONS the Commonwealth of Puerto Rico. 2151. Advice from International Trade Commission. (3) The term ‘‘pre-Columbian monumental or 2152. Advice from executive departments and other architectural sculpture or mural’’ means— sources. (A) any stone carving or wall art which— 2153. Public hearings. (i) is the product of a pre-Columbian In- 2154. Prerequisites for offers. dian culture of Mexico, Central America, 2155. Information and advice from private and pub- South America, or the Caribbean Islands; lic sectors. (ii) was an immobile monument or archi- PART 4—OFFICE OF THE UNITED STATES TRADE tectural structure or was a part of, or af- REPRESENTATIVE fixed to, any such monument or structure; and 2171. Structure, functions, powers, and personnel. (iii) is subject to export control by the PART 5—CONGRESSIONAL PROCEDURES WITH RESPECT country of origin; or TO PRESIDENTIAL ACTIONS (B) any fragment or part of any stone carv- 2191. Bills implementing trade agreements on non- ing or wall art described in subparagraph (A) tariff barriers and resolutions approving of this paragraph. commercial agreements with Communist countries. (4) The term ‘‘country of origin’’, as applied 2192. Resolutions disapproving certain actions. to any pre-Columbian monumental or archi- 2193. Resolutions relating to extension of waiver tectural sculpture or mural, means the coun- authority under section 402 of the Trade try where such sculpture or mural was first Act of 1974. discovered. 2194. Special rules relating to Congressional procedures. (Pub. L. 92–587, title II, § 205, Oct. 27, 1972, 86 Stat. 1297.) PART 6—CONGRESSIONAL LIAISON AND REPORTS CHAPTER 12—TRADE ACT OF 1974 2211. Congressional advisers for trade policy and negotiations. Sec. 2212. Transmission of agreements to Congress. 2101. Short title. 2213. Reports. 2102. Congressional statement of purpose. SUBCHAPTER I—NEGOTIATING AND OTHER PART 7—UNITED STATES INTERNATIONAL TRADE AUTHORITY COMMISSION

PART 1—RATES OF DUTY AND OTHER TRADE BARRIERS 2231. Change of name. 2232. Independent budget and authorization of ap- 2111. Basic authority for trade agreements. propriations. 2112. Barriers to and other distortions of trade. 2113. Overall negotiating objective. PART 8—IDENTIFICATION OF MARKET BARRIERS AND 2114. Sector negotiating objectives. CERTAIN UNFAIR TRADE ACTIONS 2114a. Negotiating objectives with respect to trade in services, foreign direct investment, and 2241. Estimates of barriers to market access. high technology products. 2242. Identification of countries that deny ade- 2114b. Provisions relating to international trade in quate protection, or market access, for in- services. tellectual property rights. 2114c. Trade in services: development, coordination, and implementation of Federal policies; SUBCHAPTER II—RELIEF FROM INJURY CAUSED staff support and other assistance; specific BY IMPORT COMPETITION service sector authorities unaffected; execu- PART 1—POSITIVE ADJUSTMENT BY INDUSTRIES INJURED tive functions. BY IMPORTS 2114d. Foreign export requirements; consultations and negotiations for reduction and elimi- 2251. Action to facilitate positive adjustment to nation; restrictions on and exclusion from import competition. entry of products or services; savings provi- 2252. Investigations, determinations, and recom- sion; compensation authority applicable. mendations by Commission. TITLE 19—CUSTOMS DUTIES Page 430

Sec. Sec. 2253. Action by President after determination of PART 4—TRADE ADJUSTMENT ASSISTANCE FOR import injury. COMMUNITIES 2254. Monitoring, modification, and termination of 2371. Community College and Career Training action. Grant Program. PART 2—ADJUSTMENT ASSISTANCE FOR WORKERS 2371a to 2371f. Repealed. 2372. Authorization of appropriations. SUBPART A—PETITIONS AND DETERMINATIONS 2372a. Transferred. 2373 to 2374. Repealed. 2271. Petitions. 2272. Group eligibility requirements; agricultural PART 5—MISCELLANEOUS PROVISIONS workers; oil and natural gas industry. 2391. GAO study and report. 2273. Determinations by Secretary of Labor. 2392. Adjustment Assistance Coordinating Com- 2274. Study and notifications regarding certain af- mittee. firmative determinations; industry notifi- 2393. Trade monitoring and data collection. cation of assistance. 2394. Firms relocating in foreign countries. 2275. Benefit information for workers. 2395. Judicial review. 2396, 2397. Omitted. SUBPART B—PROGRAM BENEFITS 2397a. Sense of Congress.

Division I—Trade Readjustment Allowances PART 6—ADJUSTMENT ASSISTANCE FOR FARMERS 2291. Qualifying requirements for workers. 2401. Definitions. 2292. Weekly amounts of readjustment allowance. 2401a. Petitions; group eligibility. 2293. Limitations on trade readjustment allow- 2401b. Determinations by Secretary of Agriculture. ances. 2401c. Study by Secretary of Agriculture when 2294. Application of State laws. International Trade Commission begins investigation. Division II—Training, Other Employment Services, 2401d. Benefit information to agricultural commod- and Allowances ity producers. 2295. Employment and case management services. 2401e. Qualifying requirements and benefits for agri- 2295a. Limitations on administrative expenses and cultural commodity producers. employment and case management services. 2401f. Fraud and recovery of overpayments. 2296. Training. 2401g. Authorization of appropriations. 2297. Job search allowances. SUBCHAPTER III—ENFORCEMENT OF UNITED 2298. Relocation allowances. STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE SUBPART C—GENERAL PROVISIONS PRACTICES 2311. Agreements with States. 2411. Actions by United States Trade Representa- 2312. Administration absent State agreement. tive. 2313. Payments to States. 2412. Initiation of investigations. 2314. Liabilities of certifying and disbursing offi- 2413. Consultation upon initiation of investigation. cers. 2414. Determinations by Trade Representative. 2315. Fraud and recovery of overpayments. 2415. Implementation of actions. 2316. Penalties. 2416. Monitoring of foreign compliance. 2317. Authorization of appropriations. 2417. Modification and termination of actions. 2318. Reemployment trade adjustment assistance 2418. Request for information. program. 2419. Administration. 2319. Definitions. 2420. Identification of trade expansion priorities. 2320. Regulations. SUBCHAPTER IV—TRADE RELATIONS WITH 2321. Subpoena power. COUNTRIES NOT RECEIVING NONDISCRIM- 2322. Office of Trade Adjustment Assistance. INATORY TREATMENT 2323. Collection and publication of data and reports; information to workers. PART 1—TRADE RELATIONS WITH CERTAIN COUNTRIES 2431. Exception of products of certain countries or SUBPART D—NAFTA TRANSITIONAL ADJUSTMENT areas. ASSISTANCE PROGRAM 2432. Freedom of emigration in East-West trade. 2331. Repealed. 2433. United States personnel missing in action in Southeast Asia. PART 3—ADJUSTMENT ASSISTANCE FOR FIRMS 2434. Extension of nondiscriminatory treatment. 2435. Commercial agreements. 2341. Petitions and determinations. 2436. Market disruption. 2342. Approval of adjustment proposals. 2437. Procedure for Congressional approval or dis- 2343. Technical assistance. approval of extension of nondiscriminatory 2344. Oversight and administration. treatment and Presidential reports. 2345. Authorization of appropriations. 2438. Payment by Czechoslovakia of amounts owed 2345a. Annual report on trade adjustment assistance United States citizens and nationals. for firms. 2439. Freedom to emigrate to join a very close rel- 2346, 2347. Repealed. ative in United States. 2348. Protective provisions. 2440, 2441. Repealed. 2349. Penalties. 2350. Civil actions. PART 2—RELIEF FROM MARKET DISRUPTION TO INDUS- 2351. ‘‘Firm’’ defined. TRIES AND DIVERSION OF TRADE TO THE UNITED 2352. Regulations. STATES MARKET 2353. Repealed. 2451. Action to address market disruption. 2354. Study by Secretary of Commerce when Inter- 2451a. Action in response to trade diversion. national Trade Commission begins inves- 2451b. Regulations; termination of provision. tigation. SUBCHAPTER V—GENERALIZED SYSTEM OF 2355. Assistance to industry; authorization of ap- PREFERENCES propriations. 2356. Repealed. 2461. Authority to extend preferences. Page 431 TITLE 19—CUSTOMS DUTIES § 2101

Sec. 7 of this title], and the Trade Agreements Extension 2462. Designation of beneficiary developing coun- Act of 1951 [see Short Title of 1951 Amendment note set tries. out under section 1654 of this title]), in effect after the 2463. Designation of eligible articles. date of enactment of this Act [Jan. 3, 1975], referring to 2464. Review and report to Congress. section 350 of the Tariff Act of 1930 [section 1351 of this 2465. Date of termination. title], to that section as amended, to the Act entitled 2466. Agricultural exports of beneficiary develop- ‘An Act to amend the Tariff Act of 1930,’ approved June ing countries. 12, 1934 [enacting sections 1352, 1353, and 1354 and 2466a. Designation of sub-Saharan African countries amending section 1351 of this title], to that Act as for certain benefits. amended or to the Trade Expansion Act of 1962, or to 2466b. Termination of benefits for sub-Saharan Afri- agreements entered into, or proclamations issued, or can countries. actions taken under any of such provisions, shall be 2467. Definitions. construed, unless clearly precluded by the context, to SUBCHAPTER VI—GENERAL PROVISIONS refer also to this Act, or to agreements entered into or proclamations or orders issued pursuant to this Act.’’ 2481. Definitions. 2482. Exercise of functions of International Trade SHORT TITLE OF 2011 AMENDMENT Commission. Pub. L. 112–40, title II, § 200(a), Oct. 21, 2011, 125 Stat. 2483. Consequential changes in Tariff Schedules of 402, provided that: ‘‘This title [see Tables for classifica- the United States. tion] may be cited as the ‘Trade Adjustment Assistance 2484. International drug control. Extension Act of 2011’.’’ 2485. Voluntary limitations on exports of steel to United States. SHORT TITLE OF 2010 AMENDMENT 2486. Trade relations with North American coun- Pub. L. 111–344, § 1(a), Dec. 29, 2010, 124 Stat. 3611, pro- tries. vided that: ‘‘This Act [amending sections 58c, 2296, 2317, 2487. Repealed. 2318, 2345, 2371d to 2371f, 2372, 2373, 2373a, 2401g, 3202, SUBCHAPTER VII—TARIFF TREATMENT OF 3203, and 3206 of this title, sections 35, 4980B, 7527, and PRODUCTS OF, AND OTHER SANCTIONS 9801 of Title 26, Internal Revenue Code, sections 1162, AGAINST, UNCOOPERATIVE MAJOR DRUG PRO- 1181, and 2918 of Title 29, Labor, and sections 300bb–2 DUCING OR DRUG-TRANSIT COUNTRIES and 300gg of Title 42, The Public Health and Welfare, enacting provisions set out as a note preceding section 2491. Short title. 2271 of this title and notes under sections 35, 4980B, 6655, 2492. Tariff treatment of products of uncooperative 7527, and 9801 of Title 26, and amending provisions set major drug producing or drug-transit coun- out as notes preceding section 2271 of this title] may be tries. cited as the ‘Omnibus Trade Act of 2010’.’’ 2493. Sugar quota. 2494. Progress reports. SHORT TITLE OF 2009 AMENDMENT 2495. Definitions. Pub. L. 111–5, div. B, title I, § 1800, Feb. 17, 2009, 123 SUBCHAPTER VIII—SUPPLEMENTAL Stat. 367, provided that: ‘‘This subtitle [subtitle I AGRICULTURAL DISASTER ASSISTANCE (§§ 1800–1899L) of title I of div. B of Pub. L. 111–5, enact- 2497. Supplemental agricultural disaster assisting part 4 (§ 2371 et seq.) of subchapter II of this chapter ance. and sections 2295a, 2322, 2323, 2344, 2345, 2356, and 2397a 2497a. Agricultural Disaster Relief Trust Fund. of this title, amending sections 2271 to 2275, 2291 to 2295, 2497b. Jurisdiction. 2296 to 2298, 2311, 2315 to 2321, 2341, 2343, 2348 to 2352, 2354, 2355, 2393, 2395, 2401 to 2401b, and 2401e to 2401g of § 2101. Short title this title, sections 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code, section 1581 of Title 28, Judici- This chapter may be cited as the ‘‘Trade Act ary and Judicial Procedure, sections 1162, 1181, 2918, and of 1974’’. 2919 of Title 29, Labor, and sections 300bb–2 and 300gg of Title 42, The Public Health and Welfare, repealing (Pub. L. 93–618, § 1, Jan. 3, 1975, 88 Stat. 1978.) former sections 2344 to 2347 of this title, enacting provisions set out as notes preceding section 2271 and under REFERENCES IN TEXT sections 2271, 2295a, 2296, 2323, 2344, 2371, and 2393 of this This chapter, referred to in text, was in the original title and sections 1, 35, 4980B, 7527, and 9801 of Title 26, ‘‘this Act’’, meaning Pub. L. 93–618, which in addition and amending provisions set out as a note preceding to enacting this chapter enacted section 1863 of this section 2271 of this title] may be cited as the ‘Trade and title, amended sections 160, 162, 163, 164, 170a, 1202, 1303, Globalization Adjustment Assistance Act of 2009’.’’ 1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516, 1806, 1862, 1872, 1885, and 1981 of this title, sections 5312, 5314, 5315, SHORT TITLE OF 2002 AMENDMENT and 5316 of Title 5, Government Organization and Em- Pub. L. 107–210, div. A, § 101, Aug. 6, 2002, 116 Stat. 935, ployees, section 301 of Title 13, Census, section 3302 of provided that: ‘‘This division [enacting part 6 of sub- Title 26, Internal Revenue Code, sections 2631 and 2632 chapter II of this chapter, sections 1431a, 1583, and 2318 of Title 28, Judiciary and Judicial Procedure, and sec- of this title, sections 35, 6050T, and 7527 of Title 26, In- tion 665 of former Title 31, Money and Finance, re- ternal Revenue Code, and section 300gg–45 of Title 42, pealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833, The Public Health and Welfare, amending sections 58c, 1841, 1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883, 482, 1318, 1330, 1411, 1505, 1509, 2075, 2171, 2271 to 2273, 2275, 1884, 1886, 1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931, 2291, 2293, 2295 to 2298, 2317, 2346, and 2395 of this title, 1941, 1942, 1943, 1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972, sections 4980B, 6103, 6724, and 7213A of Title 26, sections 1973, 1974, 1975, 1976, 1977, 1978, and 1991 of this title, and 1165, 2862, 2918, and 2919 of Title 29, Labor, section 1324 enacted provisions set out as notes under this section of Title 31, Money and Finance, and section 300bb–5 of and sections 160, 162, 1303, 1321, 1337, 1484, 1515, 1516, 1901, Title 42, renumbering section 35 of Title 26 as section 36 and 2271 of this title and section 301 of Title 13, Census. of Title 26, repealing sections 2318, 2322, and 2331 of this title, enacting provisions set out as notes preceding REFERENCES TO OTHER LAWS DEEMED REFERENCES TO section 2271 and under sections 58c, 482, 1583, 1625, 1654, TRADE ACT OF 1974 2071, 2075, 2082, 2251, 2271, 2331, and 2401 of this title, sec- Section 602(f) of Pub. L. 93–618, as amended by Pub. L. tions 35 and 6050T of Title 26, and section 2918 of Title 96–39, title XI, § 1106(h)(3), July 26, 1979, 93 Stat. 313, pro- 29, and amending provisions set out as a note preceding vided that: ‘‘All provisions of law (other than this Act section 2271 of this title] may be cited as the ‘Trade Ad- [this chapter], the Trade Expansion Act of 1962 [chapter justment Assistance Reform Act of 2002’.’’ § 2102 TITLE 19—CUSTOMS DUTIES Page 432

SHORT TITLE OF 1996 AMENDMENT § 2102. Congressional statement of purpose Pub. L. 104–188, title I, § 1951, Aug. 20, 1996, 110 Stat. 1917, provided that: ‘‘This subtitle [subtitle J The purposes of this chapter are, through (§§ 1951–1954) of title I of Pub. L. 104–188, enacting sec- trade agreements affording mutual benefits— tions 2461 to 2467 of this title, amending sections 2702, (1) to foster the economic growth of and full 3011, 3202, 3331, and 3551 of this title, section 1444–2 of employment in the United States and to Title 7, Agriculture, section 4711 of Title 15, Commerce strengthen economic relations between the and Trade, sections 262p–4p and 2191a of Title 22, For- United States and foreign countries through eign Relations and Intercourse, and section 871 of Title 26, Internal Revenue Code, and enacting provisions set open and nondiscriminatory world trade; out as a note under section 2461 of this title] may be (2) to harmonize, reduce, and eliminate bar- cited as the ‘GSP Renewal Act of 1996’.’’ riers to trade on a basis which assures substantially equivalent competitive opportuni- SHORT TITLE OF 1993 AMENDMENT ties for the commerce of the United States; Pub. L. 103–182, title V, § 501, Dec. 8, 1993, 107 Stat. (3) to establish fairness and equity in inter- 2149, provided that: ‘‘This subtitle [subtitle A (§§ 501–507) of title V of Pub. L. 103–282, enacting sec- national trading relations, including reform of tions 2322 and 2331 of this title, amending sections 2271 the General Agreement on Tariffs and Trade; to 2273, 2275, 2317, and 2395 of this title, sections 3304 and (4) to provide adequate procedures to safe- 3306 of Title 26, Internal Revenue Code, and section 503 guard American industry and labor against of Title 42, The Public Health and Welfare, enacting unfair or injurious import competition, and to provisions set out as notes under section 2331 of this assist industries, firm,1 workers, and commu- title and section 3306 of Title 26, and amending provisions set out as a note preceding section 2271 of this nities to adjust to changes in international title] may be cited as the ‘NAFTA Worker Security trade flows; Act’.’’ (5) to open up market opportunities for United States commerce in nonmarket econo- SHORT TITLE OF 1990 AMENDMENT mies; and Pub. L. 101–382, § 1(a), Aug. 20, 1990, 104 Stat. 629, provided that: ‘‘This Act [see Tables for classification] (6) to provide fair and reasonable access to may be cited as the ‘Customs and Trade Act of 1990’.’’ products of less developed countries in the United States market. SHORT TITLE OF 1989 AMENDMENT (Pub. L. 93–618, § 2, Jan. 3, 1975, 88 Stat. 1981.) Pub. L. 101–221, § 1, Dec. 12, 1989, 103 Stat. 1886, provided that: ‘‘This Act [amending section 4611 of Title 26, Internal Revenue Code, enacting provisions set out REFERENCES IN TEXT as notes under sections 2253 and 2703 of this title and section 4611 of Title 26, and amending provisions set out This chapter, referred to in text, was in the original as notes under sections 2253 and 2703 of this title] may ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. be cited as the ‘Steel Trade Liberalization Program Im- 1978, as amended, which is classified principally to this plementation Act’.’’ chapter. For complete classification of this Act to the Code, see References in Text note set out under section SHORT TITLE OF 1986 AMENDMENT 2101 of this title and Tables. Pub. L. 99–272, title XIII, § 13001, Apr. 7, 1986, 100 Stat. 300, provided that: ‘‘This part [part 1 (§§ 13001–13009) of STATEMENT OF PURPOSES OF 1984 AMENDMENT subtitle A, amending sections 2271, 2272, 2291 to 2293, 2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this Pub. L. 98–573, title III, § 302, Oct. 30, 1984, 98 Stat. title, enacting provisions set out as a note under sec- 3000, provided that: ‘‘The purposes of this title [see tion 2291 of this title, and amending provisions set out Short Title of 1984 Amendment note set out under sec- as a note preceding section 2271 of this title] may be tion 2101 of this title] are— cited as the ‘Trade Adjustment Assistance Reform and ‘‘(1) to foster the economic growth of, and full em- Extension Act of 1986’.’’ ployment in, the United States by expanding competitive United States exports through the achieve- SHORT TITLE OF 1984 AMENDMENT ment of commercial opportunities in foreign markets Pub. L. 98–573, title III, § 301(a), Oct. 30, 1984, 98 Stat. substantially equivalent to those accorded by the 3000, provided that: ‘‘This title [enacting sections 2114a United States; to 2114e, 2138, and 2241 of this title, amending sections ‘‘(2) to improve the ability of the President— 2112, 2114, 2155, 2171, and 2411 to 2415 of this title and ‘‘(A) to identify and to analyze barriers to (and sections 3101 to 3104 of Title 22, Foreign Relations and restrictions on) United States trade and invest- Intercourse, and enacting provisions set out as notes ment, and under section 2102 of this title and section 3101 of Title 22] may be cited as the ‘International Trade and Invest- ‘‘(B) to achieve the elimination of such barriers ment Act’.’’ and restrictions; Pub. L. 98–573, title V, § 501(a), Oct. 30, 1984, 98 Stat. ‘‘(3) to encourage the expansion of— 3018, provided that: ‘‘This title [enacting section 2466 of ‘‘(A) international trade in services through the this title, amending sections 2461 to 2465 of this title, negotiation of agreements (both bilateral and and enacting provisions set out as notes under section multilateral) which reduce or eliminate barriers to 2461 of this title] may be cited as the ‘Generalized Sys- international trade in services, and tem of Preferences Renewal Act of 1984’.’’ ‘‘(B) United States service industries in foreign SEPARABILITY commerce; and ‘‘(4) to enhance the free flow of foreign direct in- Section 605 of Pub. L. 93–618 provided that: ‘‘If any vestment through the negotiation of agreements provision of this Act [see References in Text note (both bilateral and multilateral) which reduce or above], or the application of any provision to any cir- eliminate the trade distortive effects of certain in- cumstances or persons shall be held invalid, the valid- vestment-related measures.’’ ity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby.’’ 1 So in original. Page 433 TITLE 19—CUSTOMS DUTIES § 2111

SUBCHAPTER I—NEGOTIATING AND OTHER 3 of 1979, § 1(a), (b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. AUTHORITY Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under PART 1—RATES OF DUTY AND OTHER TRADE section 2171 of this title. See, also, section 2171 of this BARRIERS title as amended by Pub. L. 97–456. § 2111. Basic authority for trade agreements REORGANIZING AND RESTRUCTURING OF INTERNATIONAL TRADE FUNCTIONS OF UNITED STATES GOVERNMENT (a) Presidential authority to enter into agree- Pub. L. 96–39, title XI, § 1109, July 26, 1979, 93 Stat. 413, ment; modification or continuance of exist- provided that the President submit to the Congress, ing duties not later than July 10, 1979, a proposal to restructure Whenever the President determines that any the international trade functions of the Executive existing duties or other import restrictions of Branch of the United States Government, and directed, in order to ensure that the 96th Congress takes final ac- any foreign country or the United States are un- tion on a comprehensive reorganization of trade func- duly burdening and restricting the foreign trade tions as soon as possible, that the appropriate commit- of the United States and that the purposes of tee of each House of the Congress give the proposal by this chapter will be promoted thereby, the the President immediate consideration and make its President— best efforts to take final committee action to reorga- (1) during the 5-year period beginning on nize and restructure the international trade functions January 3, 1975, may enter into trade agree- of the United States Government by Nov. 10, 1979. ments with foreign countries or instrumental- STUDY OF EXPORT TRADE POLICY ities thereof; and Pub. L. 96–39, title XI, § 1110, July 26, 1979, 93 Stat. 314, (2) may proclaim such modification or con- directed the President to review all export promotion tinuance of any existing duty, such continu- functions of the executive branch and potential pro- ance of existing duty-free or excise treatment, grammatic and regulatory disincentives to exports, and or such additional duties, as he determines to to submit to the Congress a report of that review not be required or appropriate to carry out any later than July 15, 1980, and not later than July 15, 1980, such trade agreement. to submit to the Congress a study of the factors bearing on the competitive posture of United States produc- (b) Limitation on authority to decrease duty ers and the policies and programs required to strength- (1) Except as provided in paragraph (2), no en the relative competitive position of the United proclamation pursuant to subsection (a)(2) of States in world markets. this section shall be made decreasing a rate of PROC. NO. 4707. CARRYING OUT THE GENEVA (1979) PROTO- duty to a rate below 40 percent of the rate exist- COL TO THE GENERAL AGREEMENT ON TARIFFS AND ing on January 1, 1975. TRADE AND FOR OTHER PURPOSES (2) Paragraph (1) shall not apply in the case of Proc. No. 4707, Dec. 11, 1979, 44 F.R. 72348, as amended any article for which the rate of duty existing by Ex. Ord. No. 12204, Mar. 27, 1980, 45 F.R. 20740; Proc. on January 1, 1975, is not more than 5 percent ad No. 4792, Sept. 15, 1980, 45 F.R. 61589; Proc. No. 4889, Dec. valorem. 29, 1981, 47 F.R. 1; Proc. No. 4904, Feb. 27, 1982, 47 F.R. (c) Limitation on authority to increase duty 8753; Ex. Ord. No. 12354, Mar. 30, 1982, 47 F.R. 13477; Ex. Ord. No. 12371, July 12, 1982, 47 F.R. 30449; Ex. Ord. No. No proclamation shall be made pursuant to 12389, Oct. 25, 1982, 47 F.R. 47529; Ex. Ord. No. 12413, Mar. subsection (a)(2) of this section increasing any 30, 1983, 48 F.R. 13921; Proc. No. 5050, Apr. 15, 1983, 48 rate of duty to, or imposing a rate above, the F.R. 16639; Ex. Ord. No. 12459, Jan. 16, 1984, 49 F.R. 2089; higher of the following: Ex. Ord. No. 12471, Mar. 30, 1984, 49 F.R. 13101; Ex. Ord. (1) the rate which is 50 percent above the No. 12519, June 13, 1985, 50 F.R. 25037; Proc. No. 5365, rate set forth in rate column numbered 2 of Aug. 30, 1985, 50 F.R. 36220; Proc. No. 5452, Mar. 31, 1986, 51 F.R. 11539, provided: the Tariff Schedules of the United States as in 1. Pursuant to Section 101(a) of the Trade Act of 1974 effect on January 1, 1975, or (19 U.S.C. 2111(a)), I determined that certain existing (2) the rate which is 20 percent ad valorem duties and other import restrictions of the United above the rate existing on January 1, 1975. States and of foreign countries were unduly burdening and restricting the foreign trade of the United States (Pub. L. 93–618, title I, § 101, Jan. 3, 1975, 88 Stat. and that one or more of the purposes stated in Section 1982.) 2 of the Trade Act of 1974 (19 U.S.C. 2102) would be pro- REFERENCES IN TEXT moted by entering into the trade agreements identified in the third and fourth recitals of this proclamation. This chapter, referred to in subsec. (a), was in the 2. Sections 131, 132, 133, 134, 135, and 161(b) of the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, Trade Act of 1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155, 1975, 88 Stat. 1978, as amended, which is classified prin- and 2211(b)) and Section 4(c) of Executive Order No. cipally to this chapter. For complete classification of 11846 of March 27, 1975, (3 CFR 1971–1975 Comp. 974) [set this Act to the Code, see References in Text note set out below], have been complied with. out under section 2101 of this title and Tables. 3. Pursuant to Section 101(a)(1) of the Trade Act of The Tariff Schedules of the United States, referred to 1974 (19 U.S.C. 2111(a)(1)), I, through my duly empow- in subsec. (c)(1), to be treated as a reference to the Har- ered representative, (1) on July 11, 1979, entered into a monized Tariff Schedule pursuant to section 3012 of this trade agreement with other contracting parties to the title. The Harmonized Tariff Schedule is not set out in General Agreement on Tariffs and Trade (61 Stat. (pts. the Code. See Publication of Harmonized Tariff Sched- 5 and 6)), as amended (the General Agreement), with ule note set out under section 1202 of this title. countries seeking to accede to the General Agreement, and the European Economic Community, which agree- CHANGE OF NAME ment consists of the Geneva (1979) Protocol to the Gen- The Office of the Special Representative for Trade eral Agreement, including a schedule of United States Negotiations was redesignated the Office of the United concessions annexed thereto (hereinafter referred to as States Trade Representative, and Special Representa- ‘‘Schedule XX (Geneva-1979)’’), a copy of which Geneva tive for Trade Negotiations was redesignated the (1979) Protocol (including Schedule XX (Geneva-1979) United States Trade Representative by Reorg. Plan No. annexed thereto) is annexed to this proclamation as § 2111 TITLE 19—CUSTOMS DUTIES Page 434

Part 1 of Annex I [set out below], (2) on November 18, ary 1, 1979, for the comparable item on a proof gallon 1978, entered into a trade agreement with the Hungar- basis in the case of alcoholic beverages classified in all ian People’s Republic, including a schedule of United items in subpart D of part 12 of schedule 1 of the TSUS, States concessions annexed thereto, a copy of which except items 168.09, 168.12, 168.43, 168.77, 168.81, 168.87, agreement, and schedule, is annexed to this proclama- and 168.95 [see Publication of Tariff Schedules note tion as Part 2 of Annex I [set out below], (3) on October under section 1202 of this title]; 31, 1979, entered into a trade agreement with the United (e) Pursuant to Section 2(b)(2)(A) of the Trade Agree- Mexican States, which agreement consists of an ex- ments Act of 1979 (93 Stat. 147) [19 U.S.C. 2503(b)(2)(A)], change of letters, one enclosing a schedule of United I have determined that obligations substantially the States concessions, a copy of which exchange of letters, same as those applicable to developing countries set including such enclosed schedule, is annexed to this forth in the agreements listed in Section 2(c)(1), (2), (3), proclamation as Part 3 of Annex I [set out below], and (4), and (5) of that Act (93 Stat. 148) [19 U.S.C. 2503(c)(1), (4) on March 2, 1979, entered into a trade agreement (2), (3), (4), and (5)] will be observed in Taiwan. with the Socialist Republic of Romania, which agree- 6. Each modification of existing duty proclaimed ment consists of an exchange of letters, one enclosing herein which provides with respect to an article for a a schedule of United States concessions, a copy of decrease in duty below the limitation specified in Sec- which exchange of letters, including such enclosed tions 101(b)(1) or 109(a) of the Trade Act of 1974 (19 schedule, is annexed to this proclamation as Part 4 of U.S.C. 2111(b)(1) or 2119(a)), and each modification of Annex I [set out below], and on October 24, 1979, the any other import restriction or tariff provision so pro- American Institute in Taiwan entered into a trade claimed is authorized by one or more of the following agreement with the Coordination Council for North provisions or statutes: American Affairs (see the Taiwan Relations Act, Sec- (a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C. tions 4(b)(1), 6(a)(1), and 10(a), 93 Stat. 15, 17, and 18 [22 2111(b)(2)), by virtue of the fact that the rate of duty U.S.C. 3303(b)(1), 3305(a)(1), and 3309(a)], E.O. 12143, sec- existing on January 1, 1975, applicable to the article tions 1–203 and 1–204, 44 Fed. Reg. 37191) [former 22 was not more than 5 percent ad valorem (or ad valorem U.S.C. 3301 note], which agreement consists of an ex- equivalent); change of letters, one enclosing a schedule of the (b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. United States concessions, a copy of which exchange of 2119(b)), by virtue of the fact that I have determined, letters, including such enclosed schedule, is annexed to pursuant to that section, that the decrease authorized this proclamation as Part 5 of Annex I [set out below]. by that section will simplify the computation of the 4. Pursuant to Section 102 of the Trade Act of 1974 (19 amount of duty imposed with respect to the article; U.S.C. 2112), I have determined that barriers to (and (c) Sections 503(a)(2)(A) and 503(a)(3) to (6) of the other distortions of) international trade were unduly Trade Agreements Act of 1979 (93 Stat. 251 and 252) burdening and restricting the foreign trade of the [Pub. L. 96–39, July 26, 1979] by virtue of the fact that United States, and, through the Special Representative they permit departures from the staging provisions of for Trade Negotiations [now United States Trade Rep- Section 109(a) of the Trade Act of 1974 (19 U.S.C. resentative, see Change of Name note above] (the Spe- 2119(a)); cial Representative [now Trade Representative]), I have (d) Sections 502(a), 855(a), and 601(a) of the Trade consulted with the appropriate Committees of the Con- Agreements Act of 1979 (93 Stat. 251, 295, and 267) by vir- gress, notified the House of Representatives and the tue of the authority in such sections for specified con- Senate of my intention to enter into the agreements cessions based on reciprocity, but in the case of the last identified in Section 2(c) of the Trade Agreements Act such section only after the conditions for acceptance of of 1979 (93 Stat. 148) [19 U.S.C. 2503(c)], transmitted to the Agreement on Trade in Civil Aircraft, identified in the Congress copies of such agreements (a copy of one Section 2(c)(10) of that Act (93 Stat. 148) [19 U.S.C. of which agreements, with the Hungarian People’s Re- 2503(c)(10)], are fulfilled; public, is annexed to this proclamation as Part 6 of (e) Sections 505 through 513, inclusive, of the Trade Annex I [set out below]), together with a draft of an im- Agreements Act of 1979 (93 Stat. 252–257) by virtue of plementing bill and a statement of administrative ac- the fact that they permit exceeding the limitations tion, and such implementing bill, approving the agree- specified in Sections 101 or 109 of the Trade Act of 1974 ments and the proposed administrative action, has been (19 U.S.C. 2111 or 2119); enacted into law (Section 2(a) of the Trade Agreements (f) Section 255 of the Trade Expansion Act of 1962 (19 Act of 1979 (93 Stat. 147) [19 U.S.C. 2503(a)]). U.S.C. 1885) by virtue of the fact that it permits termi- 5. (a) Pursuant to Section 502 of the Trade Agree- nation of proclamations issued pursuant to authority ments Act of 1979 (93 Stat. 251) [Pub. L. 96–39, July 26, contained in that act; 1979], I have determined that appropriate concessions (g) Section 2(a) of the Trade Agreements Act of 1979 have been received from foreign countries under trade (93 Stat. 147) [19 U.S.C. 2503(a)] by virtue of its approval agreements entered into under Title I of the Trade Act of the agreements identified in Section 2(c) of that Act of 1974 (19 U.S.C. 2111 et seq.); (93 Stat. 148) [19 U.S.C. 2503(c)], and (b) Pursuant to Section 601(a) of the Trade Agree- (h) Section 304(a)(3)(J) of the Tariff Act of 1930 (19 ments Act of 1979 (93 Stat. 267), I have determined that U.S.C. 1304(a)(3)(J)) and Section 602(f) of the Trade Act duty-free treatment for certain articles now classified of 1974 (19 U.S.C. 2101 note), by virtue of the fact that in the items of the Tariff Schedules of the United I have found that the effectiveness of the proviso to States (19 U.S.C. 1202) (TSUS) [see Publication of Tariff Section 304(a)(3)(J) [19 U.S.C. 1304(a)(3)(J)] with respect Schedules note under section 1202 of this title] listed in, to the marking of articles provided for in headnote 2 of and certified pursuant to, Section 601(a)(2) of that Act part 1 of schedule 2 of the TSUS [see Publication of (93 Stat. 267), will provide treatment comparable to Tariff Schedules note under section 1202 of this title] is that provided by foreign countries under the Agree- required or appropriate to carry out the first agreement on Trade in Civil Aircraft; ment identified in the third recital of this proclama- (c) Pursuant to Section 503(a)(2)(A) of the Trade tion. Agreements Act of 1979 (93 Stat. 251), I have deter- 7. In the case of each decrease in duty, including mined, after providing interested parties an oppor- those of the type specified in clause (a) or (b) of the tunity to comment, that each article identified in sixth recital of this proclamation, which involves the Annex IV to this proclamation [see note below] is not determination of the ad valorem equivalent of a spe- import sensitive; cific or compound rate of duty, and in the case of each (d) Pursuant to Section 855(a) of the Trade Agree- modification in the form of an import duty, the United ments Act of 1979 (93 Stat. 295), I have determined that States International Trade Commission determined, adequate reciprocal concessions have been received, pursuant to Section 601(4) of the Trade Act of 1974 (19 under trade agreements entered into under the Trade U.S.C. 2481(4)) in accordance with Section 4(e) of Execu- Act of 1974 [this chapter], for the application of the rate tive Order No. 11846 of March 27, 1975, (3 CFR 1971–1975 of duty appearing in rate column numbered 1 on Janu- Comp. 973) [set out below], and at my direction, the ad Page 435 TITLE 19—CUSTOMS DUTIES § 2111 valorem equivalent of the specific or compound rate, on agreements identified in the third and fourth recitals the basis of the value of imports of the article con- of this proclamation, and in trade agreements legisla- cerned during a period determined by it to be rep- tion, shall become effective on or after January 1, 1980, resentative, utilizing, to the extent practicable, the as provided for herein. standards of valuation contained in Sections 402 and (5) To this end— 402a of the Tariff Act of 1930 (19 U.S.C. 1401a and 1402) (a) Except as provided for in subparagraph (b), the applicable to the article during such representative pe- modifications to the TSUS made by Annex II, Section riod. A of Annex III, and Sections B(1) through (4) of Annex 8. Pursuant to the Trade Act of 1974 [this chapter] IV of this proclamation [see note below] shall be effec- and the Trade Agreements Act of 1979 [see 19 U.S.C. tive with respect to articles entered, or withdrawn 2501], I determine that the modification or continuance from warehouse, for consumption on and after the ef- of existing duties or other import restrictions or the fective dates specified in those annexes; continuance of existing duty-free or excise treatment (b) The modifications provided for in Section A of hereinafter proclaimed is required or appropriate to Annex II to this proclamation [see note below] which carry out the trade agreements identified in the third are authorized by Section 601(a) of the Trade Agree- recital of this proclamation or one or more of the trade ments Act of 1979 (93 Stat. 267) shall apply to articles agreements identified in Section 2(c) of the Trade entered, or withdrawn from warehouse, for consump- Agreements Act of 1979 (93 Stat. 148) [19 U.S.C. 2503(c)]. tion on and after the date designated by the President 9. Following unsatisfactory negotiations with the Eu- when he determines that the requirements of Section ropean Economic Community under Articles XXIV:6 2(b) of the Trade Agreements Act of 1979 (93 Stat. 147) and XXVIII of the General Agreement regarding the [19 U.S.C. 2503(b)] have been met with respect to the maintenance by the European Economic Community of Agreement on Trade in Civil Aircraft; unreasonable import restrictions upon imports of poul- (c) The Special Representative [now Trade Represent- try from the United States, the President, by Procla- ative] shall make any determinations relevant to the mation 3564 of December 4, 1963 (77 Stat. 1035), sus- designation of the effective dates of the modifications pended certain United States tariff concessions; as a re- of the TSUS made by Sections B through G of Annex sult of the reciprocal concessions contained in the Ge- III, and Sections B (5) through (10) of Annex IV of this neva (1979) Protocol to the General Agreement, I deter- proclamation, [see note below] and shall publish in the mine that the termination of such suspension of tariff Federal Register the effective date with respect to each concessions contained in Proclamation 3564 (except of the modifications made by these sections; such those applicable to automobile trucks valued at $1,000 modifications shall apply to articles entered, or with- or more (provided for in TSUS item 692.02) [see Publica- drawn from warehouse, for consumption on and after tion of Tariff Schedules note under section 1202 of this such effective date; title]) is required to carry out the General Agreement. (d) The modifications to the TSUS made by Section NOW, THEREFORE, I, JIMMY CARTER, President of C of Annex IV to this proclamation, [see note below] re- the United States of America, acting under the author- lating to special treatment for the least developed de- ity vested in me by the Constitution and the statutes, veloping countries (LDDC’s), shall be effective with re- including but not limited to Title I and Section 604 of spect to articles entered, or withdrawn from ware- the Trade Act of 1974 [this subchapter and 19 U.S.C. house, for consumption on and after the effective dates 2483], Section 2 [19 U.S.C. 2503], and Titles V, VI, and as provided for in Section B of Annex IV [see note VIII of the Trade Agreements Act of 1979 [Pub. L. 96–39, below]; whenever the rate of duty specified in the col- July 26, 1979] Section 255 of the Trade Expansion Act of umn numbered 1 for any TSUS item is reduced to the 1962 [19 U.S.C. 1885], and Section 301 of Title 3 of the same level as the corresponding rate of duty specified United States Code, do proclaim that: in the column entitled ‘‘LDDC’’ for such item, the rate (1) At the close of December 31, 1979, the suspension of duty in the column entitled ‘‘LDDC’’ shall be deleted of tariff concessions contained in Proclamation 3564 from the TSUS, and when the duty rates for all such (except those applicable to automobile trucks valued at items in Annex IV [see note below] have been deleted, $1,000 or more (provided for in TSUS item 692.02) [see the modifications to the TSUS made by Section C of Publication of Tariff Schedules note under section 1202 Annex IV to this proclamation [see note below] shall be of this title]) shall terminate. deleted; (2) The amendment to Section 466 of the Tariff Act of (e) Section A of Annex IV [see note below] shall be- 1930 (19 U.S.C. 1466) provided for in Section 601(a)(3) of come effective on January 1, 1980. the Trade Agreements Act of 1979 (93 Stat. 268) shall be IN WITNESS WHEREOF, I have hereunto set my effective with respect to entries made under Section 466 hand this eleventh day of December, in the year of our on and after the date designated by the President under Lord nineteen hundred and seventy-nine, and of the paragraph 5(b) of this proclamation. Independence of the United States of America the two (3) The rate of duty applicable to each item as to hundred and fourth. which the determination has been made in recital 5(d) JIMMY CARTER. is the rate of duty appearing in rate column numbered 1 on January 1, 1979, for the comparable item on a proof ANNEX I gallon basis or such rate as reduced under Section 101 TEXTS OF AGREEMENTS IDENTIFIED IN THE THIRD AND of the Trade Act of 1974 (19 U.S.C. 2111). 1 (4) Subject to the provisions of the General Agree- FOURTH RECITALS OF THIS PROCLAMATION ment, of the Geneva (1979) Protocol, of other agreements supplemental to the General Agreement, of the Part 1 Geneva (1979) Protocol to the General Agree- other agreements identified in recitals 3 and 4, and of ment on Tariffs and Trade (Including United States law (including but not limited to provi- Schedules of Concessions) sions for more favorable treatment), the modification or continuance of existing duties or other import re- 1 Not printed in the Federal Register. The text of the Geneva strictions and the continuance of existing duty-free or (1979) Protocol to the General Agreement in part 1 of Annex I has excise treatment provided for in Schedule XX (Geneva- been printed by the Contracting Parties to the General Agree- 1979) (except those provided for in the items listed in ment on Tariffs and Trade in four volumes entitled Geneva (1979) Parts 1C, 1D, 2D, 2E, 2K, 3C, 3D, 4C, and 4D of Annex I Protocol to the General Agreements on Tariffs and Trade. The to Schedule XX which are required to implement the Agreement with the Hungarian People’s Republic in part 6 of Agreement on Implementation of Article VII of the Annex I has been printed in House Document 96–153, vol. 1, p. 703. General Agreement on Tariffs and Trade, and those The general provisions of all the agreements in parts 1 to 6 of annex I, but not schedules of concessions by other parties, will provided for in Section 1, Chapter 4, Unit C, Note 2 be printed in the Customs Bulletin. The texts of all these agree- (cheese quotas), and in Section 1, Chapter 10, Unit B, ments will be printed in Treaties and Other International Acts note 2 (chocolate quotas), all of which will be the sub- Series, and in the bound volumes of United States Treaties and ject of one or more separate proclamations), in the Other International Agreements. § 2111 TITLE 19—CUSTOMS DUTIES Page 436

Part 2 Trade Agreement with the People’s Republic of letters, copies of which are annexed to this procla- of Hungary Entered Into on November 18, mation as Part 5 of Annex I. 1979 4. After having complied with Section 102 of the Part 3 Trade Agreement with the United Mexican Trade Act of 1974 (19 U.S.C. 2112), and having made the States Entered Into on October 31, 1979 required determinations, I notified Congress of my in- Part 4 Trade Agreement with the Socialist Republic tention to enter into the Agreement on Implementa- of Romania Entered Into on March 2, 1979 tion of Article VII of the General Agreement on Tariffs Part 5 Trade Agreement between the American In- and Trade (a copy of which is annexed to this proclama- stitute in Taiwan and the Coordination tion as Part 1 of Annex I); and an implementing bill, Council for North American Affairs Entered approving the agreement and the proposed administra- Into on October 24, 1979 tive action, has been enacted into law (Section 2(a) of Part 6 Agreement with the Hungarian People’s Re- the Trade Agreements Act of 1979 (93 Stat. 147) [19 public Entered Into on June 13, 1979 U.S.C. 2503(a)]). 5. (a) Pursuant to Section 2(b)(3) of the Trade Agree- ANNEXES II TO IV ments Act of 1979 (93 Stat. 147) [19 U.S.C. 2503(b)(3)], I Annexes II to IV of Proclamation 4707, which amend- determine (1) that each major industrial country, as de- ed the Tariff Schedules of the United States, are not fined therein, with the exception of Canada, is accept- set out under this section because the Tariff Schedules ing the Agreement on Implementation of Article VII of were not set out in the Code. The Tariff Schedules of the General Agreement on Tariffs and Trade, (2) that the United States were replaced by the Harmonized the acceptance of this Agreement by Canada is not es- Tariff Schedule of the United States which is not set sential to the effective operation of the Agreement, (3) out in the Code. See Publication of Harmonized Tariff that a significant portion of United States trade will Schedule note set out under section 1202 of this title. benefit from the Agreement, notwithstanding such nonacceptance, and (4) that it is in the national interest of PROC. NO. 4768. CARRYING OUT THE AGREEMENT ON IM- the United States to accept the Agreement (and have PLEMENTATION OF ARTICLES VII OF THE GENERAL so reported to the Congress); AGREEMENT ON TARIFFS AND TRADE AND FOR OTHER (b) Pursuant to Section 204(a)(2)(A) and (B) of the PURPOSE Trade Agreements Act of 1979 (93 Stat. 203) [19 U.S.C. 1401a note], I determine that the European Commu- Proc. No. 4768, June 28, 1980, 45 F.R. 45135, as amended nities (including the European Economic Community) by Proc. No. 4792, Sept. 15, 1980, 45 F.R. 61589; Ex. Ord. have accepted the obligations of the Agreement on Im- No. 12311, § 5, June 29, 1981, 46 F.R. 34305; Proc. No. 4904, plementation of Article VII of the General Agreement Feb. 27, 1982, 47 F.R. 8753; Ex. Ord. No. 12354, Mar. 30, on Tariffs and Trade with respect to the United States 1982, 47 F.R. 13477; Ex. Ord. No. 12413, Mar. 30, 1983, 48 and each of the member states of the European Com- F.R. 13921; Ex. Ord. No. 12471, Mar. 30, 1984, 49 F.R. 13101; munities has implemented the Agreement under its Ex. Ord. No. 12519, June 13, 1985, 50 F.R. 25037; Proc. No. laws (effective July 1, 1980); 5365, Aug. 30, 1985, 50 F.R. 36220; Proc. No. 5452, Mar. 31, (c) Pursuant to Section 503(a)(1) of the Trade Agree- 1986, 51 F.R. 11539, provided: ments Act of 1979 (93 Stat. 251) [Pub. L. 96–39, July 26, 1. Pursuant to Section 204(a)(2) of the Trade Agree- 1979], I determine, after interested parties were pro- ments Act of 1979 (93 Stat. 203) [19 U.S.C. 1401a note] in vided an opportunity to comment, that the articles order to implement, beginning on July 1, 1980, the new classifiable in the following new items of the Tariff customs valuation standards as provided in Title II of Schedules of the United States (TSUS) (19 U.S.C. 1202) that Act [Pub. L. 96–39, July 26, 1979, 93 Stat. 194], and [see Publication of Tariff Schedules note set out under for other purposes, I make the following determina- section 1202 of this title], added thereto by Annex II to tions, and do proclaim as hereinafter set forth. this proclamation, were not imported into the United 2. Section 225 of the Trade Agreements Act of 1979 (93 States before January 1, 1978, and were not produced in Stat. 235) [Pub. L. 96–39, July 26, 1979], Sections 131, 132, the United States before May 1, 1978: 133, 134, 135, and 161(b) of the Trade Act of 1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155, and 2211(b)) and Section [Table of new items deleted] 4(c) of Executive Order No. 11846 of March 27, 1975, (3 (d) Pursuant to Section 503(a)(2)(A) of the Trade CFR 1971–1975 Comp 974) [set out below], have been Agreements Act of 1979 (93 Stat. 251), I determine, after complied with. providing interested parties an opportunity to com- 3. Pursuant to Section 101(a) of the Trade Act of 1974 ment, that each article identified in Annex IV to this (19 U.S.C. 2111(a)) and having made the determinations proclamation is not import sensitive. required by that section with regard to the following 6. Each modification of existing duty proclaimed trade agreements, I, through my duly empowered rep- herein which provides with respect to an article for a resentative, (1) on July 11, 1979, entered into a trade decrease in duty below the limitation specified in Sec- agreement with other contracting parties to the Gen- tions 101(b)(1) or 109(a) of the Trade Act of 1974 (19 eral Agreement on Tariffs and Trade (61 Stat. (pts. 5 U.S.C. 2111(b)(1) or 2119(a)), and each modification of and 6)), as amended (the General Agreement), with any other import restriction or tariff provision so pro- countries seeking to accede to the General Agreement, claimed is authorized by one or more of the following and the European Communities, which agreement con- provisions or statutes: sists of the Geneva (1979) Protocol to the General (a) Section 101(b)(2) of the Trade Act of 1974 (19 Agreement, including a schedule of United States con- U.S.C. 2111(b)(2)), by virtue of the fact that the rate cessions annexed thereto (hereinafter referred to as of duty existing on January 1, 1975, applicable to the ‘‘Schedule XX (Geneva–1979)’’), (2) on December 18, 1979, article was not more than 5 percent ad valorem (or ad entered into a trade agreement with Switzerland, valorem equivalent); which agreement consists of an exchange of letters, a (b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. copy of which is annexed to this proclamation as Part 2119(b)), by virtue of the fact that I have determined, 2 of Annex I, (3) on December 21 and 27, 1979, and on pursuant to that section, that the decrease author- January 2, 1980, entered into trade agreements with the ized by that section will simplify the computation of European Communities, which agreements consists of the amount of duty imposed with respect to the arti- joint memoranda, copies of which are annexed to this cle; and proclamation as Part 3 of Annex I, (4) on January 2, (c) The Trade Agreements Act of 1979 (93 Stat. 144 1980, entered into a trade agreement with the Domini- et seq.) [see 19 U.S.C. 2501] including, but not limited can Republic, which agreement consists of an exchange to, Sections 503(a)(1), (2)(A) and (6) (93 Stat. 251 and of letters, a copy of which is annexed to this proclama- 252) [Pub. L. 96–39, July 26, 1979] by virtue of the fact tion as Part 4 of Annex I, and (5) on December 29, 1979, that they permit departures from the staging provi- entered into a trade agreement with Indonesia, which sions of Section 109(a) of the Trade Act of 1974 (19 agreement consists of a memorandum and an exchange U.S.C. 2119(a)). Page 437 TITLE 19—CUSTOMS DUTIES § 2111

7. In the case of each decrease in duty, including and Section C of Annex III to this proclamation, and those of the type specific in clause (a) or (b) of the sixth shall publish in the Federal Register the effective recital of this proclamation, which involves the deter- date with respect to each of the modifications made mination of the ad valorem equivalent of a specified or by these sections; such modifications shall apply to compound rate of duty, and in the case of each modi- articles entered, or withdrawn from warehouse for fication in the form of an import duty, the United consumption, on and after such effective date; States International Trade Commission has deter- (f) With respect to the modifications to the TSUS mined, pursuant to Section 601(4) of the Trade Act of made by Annex IV to this proclamation and Annex IV 1974 (19 U.S.C. 2481(4)), in accordance with Section 4(e) to Presidential Proclamation 4707 of December 11, of Executive Order No. 11846 of March 27, 1975 (3 CFR 1979 [see note above], relating to special treatment 1971–1975 Comp. 973) [set out below], and at my direc- for the least developed developing countries tion, the ad valorem equivalent of the specific or com- (LDDC’s), whenever the rate of duty specified in the pound rate, on the basis of the value of imports of the column numbered 1 for any TSUS item is reduced to article concerned during a period determined by it to the same level as the corresponding rate of duty spec- be representative, utilizing, to the extent practicable, ified in the column entitled ‘‘LDDC’’ for such item, or the standards of valuation contained in Sections 402 to a lower level, the rate of duty in the column enti- and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a and tled ‘‘LDDC’’ shall be deleted from the TSUS; 1402) applicable to the article during such representa- (g) Annexes III and IV of Presidential Proclamation tive period. 4707 of December 11, 1979 [see note above], are super- 8. Pursuant to the Trade Act of 1974 [this chapter] seded to the extent inconsistent with this proclama- and the Trade Agreements Act of 1979 [see 19 U.S.C. tion. 2501], I determine that each modification or continu- IN WITNESS WHEREOF, I have hereunto set my ance of existing duties or other import restrictions and hand this 28th day of June, in the year of our Lord each continuance of existing duty-free or excise treat- nineteen hundred and eighty, and of the Independence ment hereinafter proclaimed is required or appropriate of the United States of America the two hundred and to carry out the trade agreements identified in the fourth. third recital of this proclamation or the Agreement on JIMMY CARTER. Implementation of Article VII of the General Agree- ANNEXES I TO IV ment on Tariffs and Trade. NOW, THEREFORE, I, JIMMY CARTER, President of Annexes I to IV of Proclamation 4768, which amended the United States of America, acting under the author- the Tariff Schedules of the United States, are not set ity vested in me by the Constitution and the statutes, out under this section because the Tariff Schedules including but not limited to Title I and Section 604 of were not set out in the Code. The Tariff Schedules of the Trade Act of 1974 [this subchapter and 19 U.S.C. the United States were replaced by the Harmonized 2483], Section 2 [19 U.S.C. 2503] and Titles II and V of Tariff Schedule of the United States which is not set the Trade Agreements Act of 1979 [Pub. L. 96–39, July out in the Code. See Publication of Harmonized Tariff 26, 1979], and Section 301 of Title 3 of the United States Schedule note set out under section 1202 of this title. Code, do proclaim that: (1)(a) The valuation standards amendments made by EX. ORD. NO. 11846. ADMINISTRATION OF TRADE Title II of the Trade Agreements Act of 1979 (93 Stat. AGREEMENTS PROGRAM 194 et seq.) to Sections 402 and 402a of the Tariff Act of Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, as 1930 (19 U.S.C. 1401a and 4102), and amended by Ex. Ord. No. 11894, Jan. 3, 1976, 41 F.R. 1041; (b) subject to the provisions of the General Agree- Ex. Ord. No. 11947, Nov. 8, 1976, 41 F.R. 49799; Ex. Ord. ment, of the Geneva (1979) Protocol, of other agree- No. 12102, Nov. 17, 1978, 43 F.R. 54197; Ex Ord. No. 12163, ments supplemental to the General Agreement, of the Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12188, Jan. 2, other agreements identified in recitals 3 and 4, and of 1980, 45 F.R. 989; Ex. Ord. No. 13277, § 4, Nov. 19, 2002, 67 United States Law (including but not limited to provi- F.R. 70306, provided: sions for more favorable treatment),— By virtue of the authority vested in me by the Trade (i) the modification or continuance of existing du- Act of 1974, hereinafter referred to as the Act (Public ties or other import restrictions, and Law 93–618, 88 Stat. 1978) [this chapter], the Trade Ex- (ii) the continuance of existing duty-free or excise pansion Act of 1962, as amended (19 U.S.C. 1801), Section treatment provided for in these agreements and in 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), trade agreements legislation, shall become effective and Section 301 of Title 3 of the United States Code, on or after July 1, 1980, as provided for herein. and as President of the United States, it is hereby or- (2) To this end— dered as follows: (a) The amendments made by Title II of the Trade SECTION 1. The Trade Agreements Program. Agreements Act of 1979 (93 Stat. 194 et seq.), except The ‘‘trade agreements program’’ includes all activi- amendments made by section 223(b) [see Effective ties consisting of, or related to, the negotiation or ad- Date of 1979 Amendment note set out under section ministration of international agreements which pri- 1401a of this title], shall be effective with respect to marily concern trade and which are concluded pursuant articles exported to the United States on and after to the authority vested in the President by the Con- July 1, 1980; stitution, Section 350 of the Tariff Act of 1930 [section (b) The TSUS is modified as provided in Annexes II, 1351 of this title], as amended, the Trade Expansion Act III and IV of the proclamation; of 1962, as amended [section 1801 et seq. of this title], (c) The modifications to the TSUS made by Sec- Divisions B [19 U.S.C. 3801 et seq.] and C of the Trade tions A and C of Annex II, and Section A of Annex III, Act of 2002 [div. C of Pub. L. 107–210, see Short Title of of this proclamation shall be effective with respect to 2002 Amendment note set out under section 3201 of this articles exported to the United States on and after title],,[sic] or the Act [this chapter]. the effective dates specified in those annexes; SEC. 2. The Special Representative for Trade Negotiations (d) The modifications to the TSUS made by Sec- [now United States Trade Representative, see Change tions B, D and E of Annex II, Section B of Annex III, of Name note above]. and Sections A and B of Annex IV, of this proclama- (a) The Special Representative for Trade Negotia- tion shall be effective with respect to articles en- tions [now United States Trade Representative], here- tered, or withdrawn from warehouse for consumption, inafter referred to as the Special Representative [now on and after the effective dates specified in those an- Trade Representative], in addition to the functions nexes; conferred upon him by the Act [this chapter], including (e) The United States Trade Representative shall Section 141 thereof [section 2171 of this title], and in ad- make the necessary determinations relevant to the dition to the functions and responsibilities set forth in designation of the effective dates of the modifications this Order, shall be responsible for such other functions of the TSUS made by Sections F and G of Annex II as the President may direct. § 2111 TITLE 19—CUSTOMS DUTIES Page 438

(b) [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. January 15, 1963, is abolished and all of its records are 989.] transferred to the Trade Policy Committee. (c) The Special Representative [now Trade Represent- SEC. 4. Trade Negotiations Under Title I of the Act. ative] shall prepare, for the President’s transmission to (a) The functions of the President under Section 102 Congress, the annual report on the trade agreements of the Act [section 2112 of this title] concerning notice program required by Section 163(a) of the Act [section to, and consultation with, Congress, in connection with 2213(a) of this title]. At the request of the Special Rep- agreements on nontariff barriers to, and other distor- resentative [now Trade Representative], other agencies tions of, trade, are hereby delegated to the Special Rep- shall assist in the preparation of that report. resentative [now Trade Representative]. (d) The Special Representative [now Trade Represent- (b) The Special Representative [now Trade Represent- ative], except where expressly otherwise provided or ative], after consultation with the Committee, shall prohibited by statute, Executive order, or instructions prepare, for the President’s transmission to Congress, of the President, shall be responsible for the proper ad- all proposed legislation and other documents necessary ministration of the trade agreements program, and or appropriate for the implementation of, or otherwise may, as he deems necessary, assign to the head of any required in connection with, trade agreements; pro- Executive agency or body the performance of his duties vided, however, that where implementation of an which are incidental to the administration of the trade agreement on nontariff barriers to, and other distor- agreements program. tions of, trade requires a change in a domestic law, the (e) The Special Representative [now Trade Represent- department or agency having the primary interest in ative] shall consult with the Trade Policy Committee the administration of such domestic law shall prepare in connection with the performance of his functions, in- and transmit to the Special Representative [now Trade cluding those established or delegated by this Order Representative] the proposed legislation necessary or and shall, as appropriate, consult with other Federal appropriate for such implementation. agencies or bodies. With respect to the performance of (c) The functions of the President under Section his functions under Title IV of the Act [section 2431 et 131(a) of the Act [section 2151(a) of this title], with re- seq. of this title], including those established or dele- spect to publishing and furnishing to the International gated by this Order, the Special Representative [now Trade Commission lists of articles, are delegated to the Trade Representative] shall also consult with the East- Special Representative [now Trade Representative]. West Foreign Trade Board [abolished]. The functions of the President under Section 131(c) of (f) The Special Representative [now Trade Represent- the Act [section 2151(c) of this title] with respect to ad- ative] shall be responsible for the preparation and sub- vice of the International Trade Commission and under mission of any Proclamation which relates wholly or Section 132 of the Act [section 2152 of this title] with primarily to the trade agreements program. Any such respect to advice of the departments of the Federal Proclamation shall be subject to all the provisions of Government and other sources, are delegated to the Executive Order No. 11030, as amended [set out under Special Representative [now Trade Representative]. section 1505 of Title 44, Public Printing and Documents] The functions of the President under Section 133 of the except that such Proclamation need not be submitted Act [section 2153 of this title] with respect to public to the Director of the Office of Management and Budg- hearings in connection with certain trade negotiations et. are delegated to the Special Representative [now Trade (g) The Secretary of State shall advise the Special Representative], who shall designate an interagency Representative [now Trade Representative], and the committee to hold and conduct any such hearings. Committee, on the foreign policy implications of any (d) The functions of the President under Section 135 action under the trade agreements program. The Spe- of the Act [section 2155 of this title] with respect to ad- cial Representative [now Trade Representative] shall visory committees and, notwithstanding the provisions invite appropriate departments to participate in trade of any other Executive order, the functions of the negotiations of particular interest to such depart- President under the Federal Advisory Committee Act ments, and the Department of State shall participate (86 Stat. 770, 5 U.S.C. App.), except that of reporting an- in trade negotiations which have a direct and signifi- nually to Congress, which are applicable to advisory cant impact on foreign policy. committees under the Act [this chapter] are delegated SEC. 3. The Trade Policy Committee. to the Special Representative [now Trade Representa- (a) [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. tive]. In establishing and organizing general policy ad- 989.] visory committees or sector advisory committees (b) The Committee shall have the functions conferred under Section 135(c) of the Act [section 2155(c) of this by the Trade Expansion Act of 1962, as amended [sec- title], the Special Representative [now Trade Rep- tion 1801 et seq. of this title], upon the inter-agency or- resentative] shall act through the Secretaries of Com- ganization referred to in Section 242 thereof, as amend- merce, Labor and Agriculture, as appropriate. ed [section 1872 of this title], the functions delegated to (e) The functions of the President with respect to de- it by the provisions of this Order, and such other func- termining ad valorem amounts and equivalents pursu- tions as the President may from time to time direct. ant to Sections 601(3) and (4) of the Act [section 2481(3) Recommendations and advice of the Committee shall and (4) of this title] are hereby delegated to the Special be submitted to the President by the Chairman. Representative [now Trade Representative]. The Inter- (c) The Special Representative [now Trade Represent- national Trade Commission is requested to advise the ative] or any other officer who is chief representative Special Representative [now Trade Representative] of the United States in a negotiation in connection with respect to determining such ad valorem amounts with the trade agreements program shall keep the and equivalents. The Special Representative [now Committee informed with respect to the status and Trade Representative] shall seek the advice of the conduct of negotiations and shall consult with the Commission and consult with the Committee with re- Committee regarding the basic policy issues arising in spect to the determination of such ad valorem amounts the course of negotiations. and equivalents. (d) Before making recommendations to the President (f) Advice of the International Trade Commission under Section 242(b)(2) of the Trade Expansion Act of under Section 131 of the Act [section 2151 of this title], 1962, as amended [section 1872(b)(2) of this title], the and other advice or reports by the International Trade Committee shall, through the Special Representative Commission to the President or the Special Represent- [now Trade Representative], request the advice of the ative [now Trade Representative], the release or disclo- Adjustment Assistance Coordinating Committee, estab- sure of which is not specifically authorized or required lished by Section 281 of the Act [section 2392 of this by law, shall not be released or disclosed in any manner title]. or to any extent not specifically authorized by the (e), (f) [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 President or by the Special Representative [now Trade F.R. 989.] Representative]. (g) The Trade Expansion Act Advisory Committee es- (g) All reports, findings, advice, determinations, tablished by Section 4 of Executive Order No. 11075 of hearing transcripts, briefs, and information which, Page 439 TITLE 19—CUSTOMS DUTIES § 2112 under the terms of the Act [this chapter], the Inter- eralized system of preferences under Title V of the Act national Trade Commission is required to furnish to [section 2461 et seq. of this title]. the President shall be transmitted to the President (b) The Committee, through the Special Representa- through the Special Representative [now Trade Rep- tive [now Trade Representative], shall advise the Presi- resentative]. dent as to which countries should be designated as ben- SEC. 5. Import Relief and Market Disruption. eficiary developing countries, and as to which articles (a) The Special Representative [now Trade Represent- should be designated as eligible articles for the pur- ative] is authorized to request from the International poses of the system of generalized preferences. Trade Commission the information specified in Sec- (c) The Committee, through the Special Representa- tions 202(d) and 203(i)(1) and (2) of the Act [sections tive [now Trade Representative], shall perform the 2252(d) and 2253(i)(1) and (2) of this title]. functions of the President specified in Section 503(a) of (b) The Secretary of the Treasury, in consultation the Act [section 2463(a) of this title], with respect to with the Secretary of Commerce or the Secretary of publishing and furnishing to the International Trade Agriculture, as appropriate, is authorized to issue, Commission lists of articles that may be considered for under Section 203(g) of the Act [section 2253(g) of this designation as eligible articles for purposes of the Gen- title], regulations governing the administration of any eralized System of Preferences. quantitative restrictions proclaimed in order to pro- (d) The Committee, through the Special Representa- vide import relief and is authorized to issue, under Sec- tive [now Trade Representative], to the extent nection 203(g) of the Act or 352(b) of the Trade Expansion essary to determine the applicability of the provisions Act of 1962 [section 1982(b) of this title], regulations of Section 504(d) of the Act [section 2464(d) of this title] governing the entry, or withdrawal from warehouses to any eligible article, shall perform the functions of for consumption, of articles pursuant to any orderly the President under Section 332(g) of the Tariff Act of marketing agreement. 1930, as amended [section 1332(g) of this title], with re- (c) The Secretary of Commerce shall exercise primary spect to requests for investigations by, and reports responsibility for monitoring imports under any or- from, the International Trade Commission. derly marketing agreement. SEC. 9. Prior Executive Orders. SEC. 6. [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 (a) Executive Order No. 11789 of June 25, 1974, and Sec- F.R. 989.] tion 6(d) of Executive Order No. 11808 of September 30, SEC. 7. East-West Foreign Trade Board [abolished]. 1974, relating to the President’s Committee on East- (a) In accordance with Section 411 of the Act [section West Trade Policy are hereby revoked. 2441 of this title], there is hereby established the East- (b)(1) Sections 5(b), 7, and 8 of Executive Order No. West Foreign Trade Board [abolished], hereinafter re- 11075 of January 15, 1963, are hereby revoked effective ferred to as the Board. The Board shall be composed of April 3, 1975; (2) the remainder of Executive Order No. the following members and such additional members of 11075, and Executive Order No. 11106 of April 18, 1963 and the Executive branch as the President may designate: Executive Order No. 11113 of June 13, 1963, are hereby (1) The Secretary of State. revoked. (2) The Secretary of the Treasury. (3) The Secretary of Defense. § 2112. Barriers to and other distortions of trade (4) The Secretary of Agriculture. (a) Congressional findings; directives; disavowal (5) The Secretary of Commerce. (6) The Special Representative for Trade Negotia- of prior approval of legislation tions [now United States Trade Representative]. The Congress finds that barriers to (and other (7) The Director of the Office of Management and distortions of) international trade are reducing Budget. the growth of foreign markets for the products (8) The Chairman of the Council of Economic Advis- of United States agriculture, industry, mining, ers. (9) The President of the Export-Import Bank of the and commerce, diminishing the intended mutual United States. benefits of reciprocal trade concessions, ad- (10) [Deleted by Ex. Ord. No. 12102.] versely affecting the United States economy, The President shall designate the Chairman and the preventing fair and equitable access to supplies, Deputy Chairman of the Board. The President may des- and preventing the development of open and ignate an Executive Secretary, who shall be Chairman nondiscriminatory trade among nations. The of a working group which will include membership President is urged to take all appropriate and from the agencies represented on the Board. (b) The Board shall perform such functions as are re- feasible steps within his power (including the quired by Section 411 of the Act [section 2441 of this full exercise of the rights of the United States title] and such other functions as the President may di- under international agreements) to harmonize, rect. reduce, or eliminate such barriers to (and other (c) The Board is authorized to promulgate such rules distortions of) international trade. The Presi- and regulations as are necessary or appropriate to dent is further urged to utilize the authority carry out its responsibilities under the Act [this chap- granted by subsection (b) of this section to nego- ter] and this Order. tiate trade agreements with other countries and (d) The Secretary of State shall advise the President with respect to determinations required to be made in instrumentalities providing on a basis of mutu- connection with Sections 402 and 409 of the Act (dealing ality for the harmonization, reduction, or elimi- with freedom of emigration) [sections 2432 and 2439 of nation of such barriers to (and other distortions this title] and Section 403 (dealing with United States of) international trade. Nothing in this sub- personnel missing in action in Southeast Asia) [section section shall be construed as prior approval of 2433 of this title], and shall prepare, for the President’s any legislation which may be necessary to im- transmission to Congress, the reports and other docu- plement an agreement concerning barriers to (or ments required by Sections 402 and 409 of the Act. (e) The President’s Committee on East-West Trade other distortions of) international trade. Policy, established by Executive Order No. 11789 of (b) Presidential determinations prerequisite to June 25, 1974, as amended by Section 6(d) of Executive entry into trade agreements; trade with Is- Order No. 11808 of September 30, 1974, is abolished and rael all of its records are transferred to the Board. (1) Whenever the President determines that SEC. 8. Generalized System of Preferences. (a) The Special Representative [now Trade Represent- any barriers to (or other distortions of) inter- ative], in consultation with the Secretary of State, national trade of any foreign country or the shall be responsible for the administration of the gen- United States unduly burden and restrict the § 2112 TITLE 19—CUSTOMS DUTIES Page 440 foreign trade of the United States or adversely (ii) either— affect the United States economy, or that the (I) the requirements of subparagraph (A) imposition of such barriers is likely to result in were not met with respect to the negotiation such a burden, restriction, or effect, and that of such agreement, or the purposes of this chapter will be promoted (II) the Committee on Finance of the Sen- thereby, the President, during the 13-year period ate or the Committee on Ways and Means of beginning on January 3, 1975, may enter into the House of Representatives disapproved of trade agreements with foreign countries or in- the negotiation of such agreement before the strumentalities providing for the harmoni- close of the 60-day period which begins on zation, reduction, or elimination of such bar- the date notice is provided under subpara- riers (or other distortions) or providing for the graph (A)(ii)(I) with respect to the negotia- prohibition of or limitations on the imposition tion of such agreement. of such barriers (or other distortions). (C) The 60-day period described in subpara- (2)(A) Trade agreements that provide for the graphs (A)(ii) and (B)(ii)(II) shall be computed elimination or reduction of any duty imposed by without regard to— the United States may be entered into under (i) the days on which either House of Con- paragraph (1) only with Israel. gress is not in session because of an adjourn- (B) The negotiation of any trade agreement ment of more than 3 days to a day certain or entered into under paragraph (1) with Israel that an adjournment of the Congress sine die, and provides for the elimination or reduction of any (ii) any Saturday and Sunday, not excluded duty imposed by the United States shall take under clause (i), when either House of Con- fully into account any product that benefits gress is not in session. from a discriminatory preferential tariff arrangement between Israel and a third country if (c) Presidential consultation with Congress prior the tariff preference on such product has been to entry into trade agreements the subject of a challenge by the United States Before the President enters into any trade Government under the authority of section 2411 agreement under this section providing for the of this title and the General Agreement on Tar- harmonization, reduction, or elimination of a iffs and Trade. barrier to (or other distortion of) international (C) Notwithstanding any other provision of trade, he shall consult with the Committee on this section, the requirements of subsections (c) Ways and Means of the House of Representa- and (e)(1) of this section shall not apply to any tives, the Committee on Finance of the Senate, trade agreement entered into under paragraph and with each committee of the House and the (1) with Israel that provides for the elimination Senate and each joint committee of the Con- or reduction of any duty imposed by the United gress which has jurisdiction over legislation in- States. volving subject matters which would be affected (3) Notwithstanding any other provision of by such trade agreement. Such consultation law, no trade benefit shall be extended to any shall include all matters relating to the imple- country by reason of the extension of any trade mentation of such trade agreement as provided benefit to another country under a trade agree- in subsections (d) and (e) of this section. If it is ment entered into under paragraph (1) with such proposed to implement such trade agreement, other country that provides for the elimination together with one or more other trade agree- or reduction of any duty imposed by the United ments entered into under this section, in a sin- States. gle implementing bill, such consultation shall (4)(A) Notwithstanding paragraph (2), a trade include the desirability and feasibility of such agreement that provides for the elimination or proposed implementation. reduction of any duty imposed by the United (d) Submission to Congress of agreements, drafts States may be entered into under paragraph (1) of implementing bills, and statements of pro- with any country other than Israel if— posed administrative action (i) such country requested the negotiation of Whenever the President enters into a trade such an agreement, and (ii) the President, at least 60 days prior to agreement under this section providing for the the date notice is provided under subsection harmonization, reduction, or elimination of a (e)(1) of this section— barrier to (or other distortion of) international (I) provides written notice of such negotia- trade, he shall submit such agreement, together tions to the Committee on Finance of the with a draft of an implementing bill (described Senate and the Committee on Ways and in section 2191(b) of this title) and a statement Means of the House of Representatives, and of any administrative action proposed to imple- (II) consults with such committees regard- ment such agreement, to the Congress as pro- ing the negotiation of such agreement. vided in subsection (e) of this section, and such agreement shall enter into force with respect to (B) The provisions of section 2191 of this title the United States only if the provisions of sub- shall not apply to an implementing bill (within section (e) of this section are complied with and the meaning of section 2191(b) of this title) if— the implementing bill submitted by the Presi- (i) such implementing bill contains a provi- dent is enacted into law. sion approving of any trade agreement which— (e) Steps prerequisite to entry into force of trade (I) is entered into under this section with agreements any country other than Israel, and Each trade agreement submitted to the Con- (II) provides for the elimination or reduc- gress under this subsection shall enter into force tion of any duty imposed by the United with respect to the United States if (and only States, and if)— Page 441 TITLE 19—CUSTOMS DUTIES § 2112

(1) the President, not less than 90 days be- REFERENCES IN TEXT fore the day on which he enters into such This chapter, referred to in subsec. (b)(1), was in the trade agreement, notifies the House of Rep- original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, resentatives and the Senate of his intention to 1975, 88 Stat. 1978, as amended, which is classified prin- enter into such an agreement, and promptly cipally to this chapter. For complete classification of thereafter publishes notice of such intention this Act to the Code, see References in Text note set in the Federal Register; out under section 2101 of this title and Tables. (2) after entering into the agreement, the Section 1402 of this title, referred to in subsec. (g)(1)(A), was repealed by Pub. L. 96–39. President transmits a document to the House of Representatives and to the Senate contain- AMENDMENTS ing a copy of the final legal text of such agree- 1986—Subsec. (b)(4)(B)(ii)(II). Pub. L. 99–514 sub- ment together with— stituted ‘‘subparagraph’’ for ‘‘subsection’’. (A) a draft of an implementing bill and a 1985—Subsec. (b)(3). Pub. L. 99–47 inserted ‘‘that pro- statement of any administrative action provides for the elimination or reduction of any duty imposed to implement such agreement, and an posed by the United States’’ after ‘‘such other coun- explanation as to how the implementing bill try’’. and proposed administrative action change 1984—Subsec. (b). Pub. L. 98–573, § 401(a), designated or affect existing law, and existing provisions as par. (1) and added pars. (2) to (4). Subsec. (g)(1). Pub. L. 98–573, § 401(b), designated ex- (B) a statement of his reasons as to how isting provisions as subpar. (A) and added subpar. (B). the agreement serves the interests of United Subsec. (g)(3). Pub. L. 98–573, § 307(a), designated ex- States commerce and as to why the imple- isting provisions as subpar. (A) and added subpar. (B). menting bill and proposed administrative ac- 1979—Subsec. (b). Pub. L. 96–39, § 1101, substituted ‘‘13- tion is required or appropriate to carry out year period’’ for ‘‘5-year period’’. the agreement; and Subsec. (e)(2). Pub. L. 96–39, § 1106(c)(1), substituted ‘‘copy of the final legal text of such agreement’’ for (3) the implementing bill is enacted into law. ‘‘copy of such agreement’’. (f) Obligations imposed upon foreign countries EFFECTIVE DATE OF 1979 AMENDMENT or instrumentalities receiving benefits under trade agreements Amendment of subsec. (b) of this section by section 1101 of Pub. L. 96–39 effective July 26, 1979, see section To insure that a foreign country or instrumen- 1114 of Pub. L. 96–39, set out as an Effective Date note tality which receives benefits under a trade under section 2581 of this title. agreement entered into under this section is Section 1106(c)(1) of Pub. L. 96–39 provided in part subject to the obligations imposed by such that the amendment of subsec. (e)(2) of this section by agreement, the President may recommend to section 1106(c)(1) of Pub. L. 96–39 shall apply with re- Congress in the implementing bill and state- spect to trade agreements submitted to the Congress under this section after July 26, 1979. ment of administrative action submitted with respect to such agreement that the benefits and PROTECTIVE ORDER PROVISIONS APPLICABLE WITH RE- obligations of such agreement apply solely to SPECT TO COUNTERVAILING AND ANTIDUMPING DUTY the parties to such agreement, if such applica- INVESTIGATIONS INVOLVING PRODUCTS OF CANADIAN tion is consistent with the terms of such agree- ORIGIN ment. The President may also recommend with Pub. L. 101–382, title I, § 135(c), Aug. 20, 1990, 104 Stat. respect to any such agreement that the benefits 652, provided that: ‘‘For purposes of section 404 of the and obligations of such agreement not apply United States-Canada Free-Trade Agreement Imple- uniformly to all parties to such agreement, if mentation Act of 1988 [Pub. L. 100–449, set out in a note such application is consistent with the terms of below], the amendments made by subsection (b) [amending section 1677f of this title] also apply with re- such agreement. spect to investigations under title VII of the Tariff Act (g) Definitions of 1930 [19 U.S.C. 1671 et seq.] involving products of Ca- For purposes of this section— nadian origin.’’ (1) the term ‘‘barrier’’ includes— UNITED STATES-JORDAN FREE TRADE AREA (A) the American selling price basis of cus- IMPLEMENTATION toms evaluation as defined in section 1401a Pub. L. 107–43, Sept. 28, 2001, 115 Stat. 243, provided or 1402 of this title, as appropriate, and that: (B) any duty or other import restriction; ‘‘SECTION 1. SHORT TITLE. (2) the term ‘‘distortion’’ includes a subsidy; ‘‘This Act may be cited as the ‘United States-Jordan and Free Trade Area Implementation Act’. (3) the term ‘‘international trade’’ includes— ‘‘SEC. 2. PURPOSES. (A) trade in both goods and services, and ‘‘The purposes of this Act are— (B) foreign direct investment by United ‘‘(1) to implement the agreement between the States persons, especially if such investment United States and Jordan establishing a free trade has implications for trade in goods and serv- area; ices. ‘‘(2) to strengthen and develop the economic relations between the United States and Jordan for their (Pub. L. 93–618, title I, § 102, Jan. 3, 1975, 88 Stat. mutual benefit; and 1982; Pub. L. 96–39, title XI, §§ 1101, 1106(c)(1), ‘‘(3) to establish free trade between the 2 nations July 26, 1979, 93 Stat. 307, 311; Pub. L. 98–573, through the removal of trade barriers. title III, § 307(a), title IV, § 401(a)–(c)(1), Oct. 30, ‘‘SEC. 3. DEFINITIONS. 1984, 98 Stat. 3012, 3013–3015; Pub. L. 99–47, ‘‘For purposes of this Act: § 8(b)(1), June 11, 1985, 99 Stat. 84; Pub. L. 99–514, ‘‘(1) AGREEMENT.—The term ‘Agreement’ means the title XVIII, § 1887(a)(1), Oct. 22, 1986, 100 Stat. Agreement between the United States of America and 2923.) the Hashemite Kingdom of Jordan on the Establish- § 2112 TITLE 19—CUSTOMS DUTIES Page 442

ment of a Free Trade Area, entered into on October cific merchandise, including fringe benefits, on-the- 24, 2000. job training, and the cost of engineering, super- ‘‘(2) HTS.—The term ‘HTS’ means the Harmonized visory, quality control, and similar personnel; and Tariff Schedule of the United States. ‘‘(B) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the ‘‘TITLE I—TARIFF MODIFICATIONS; RULES OF specific merchandise. ORIGIN ‘‘(2) EXCLUDED COSTS.—The term ‘direct costs of ‘‘SEC. 101. TARIFF MODIFICATIONS. processing operations’ does not include costs which ‘‘(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE are not directly attributable to the merchandise con- AGREEMENT.—The President may proclaim— cerned, or are not costs of manufacturing the prod- ‘‘(1) such modifications or continuation of any uct, such as— duty; ‘‘(A) profit; and ‘‘(2) such continuation of duty-free or excise treat- ‘‘(B) general expenses of doing business which are ment; or either not allocable to the specific merchandise or ‘‘(3) such additional duties, are not related to the growth, production, manufac- as the President determines to be necessary or appro- ture, or assembly of the merchandise, such as ad- priate to carry out article 2.1 of the Agreement and the ministrative salaries, casualty and liability insur- schedule of duty reductions with respect to Jordan set ance, advertising, and salesmen’s salaries, commis- out in Annex 2.1 of the Agreement. sions, or expenses. ‘‘(b) OTHER TARIFF MODIFICATIONS.—The President ‘‘(c) TEXTILE AND APPAREL ARTICLES.— may proclaim— ‘‘(1) IN GENERAL.—A textile or apparel article im- ‘‘(1) such modifications or continuation of any ported directly from Jordan into the customs terri- duty; tory of the United States shall be considered to meet ‘‘(2) such continuation of duty-free or excise treat- the requirements of paragraph (1)(A) of subsection (a) ment; or only if— ‘‘(3) such additional duties, ‘‘(A) the article is wholly obtained or produced in as the President determines to be necessary or appro- Jordan; priate to maintain the general level of reciprocal and ‘‘(B) the article is a yarn, thread, twine, cordage, mutually advantageous concessions with respect to rope, cable, or braiding, and— Jordan provided for by the Agreement. ‘‘(i) the constituent staple fibers are spun in ‘‘SEC. 102. RULES OF ORIGIN. Jordan, or ‘‘(a) IN GENERAL.— ‘‘(ii) the continuous filament is extruded in Jor- ‘‘(1) ELIGIBLE ARTICLES.— dan; ‘‘(A) IN GENERAL.—The reduction or elimination ‘‘(C) the article is a fabric, including a fabric clas- of any duty imposed on any article by the United sified under chapter 59 of the HTS, and the con- States provided for in the Agreement shall apply stituent fibers, filaments, or yarns are woven, knit- only if— ted, needled, tufted, felted, entangled, or trans- ‘‘(i) that article is imported directly from Jor- formed by any other fabric-making process in Jor- dan into the customs territory of the United dan; or States; and ‘‘(D) the article is any other textile or apparel ar- ‘‘(ii) that article— ticle that is wholly assembled in Jordan from its ‘‘(I) is wholly the growth, product, or manu- component pieces. facture of Jordan; or ‘‘(2) DEFINITION.—For purposes of paragraph (1), an ‘‘(II) is a new or different article of commerce article is ‘wholly obtained or produced in Jordan’ if that has been grown, produced, or manufac- it is wholly the growth, product, or manufacture of tured in Jordan and meets the requirements of Jordan. subparagraph (B). ‘‘(3) SPECIAL RULES.— ‘‘(B) REQUIREMENTS.— ‘‘(A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTI- ‘‘(i) GENERAL RULE.—The requirements of this CLES IN THE PIECE, AND CERTAIN OTHER TEXTILES AND subparagraph are that with respect to an article TEXTILE ARTICLES.—Notwithstanding paragraph described in subparagraph (A)(ii)(II), the sum of— (1)(D) and except as provided in subparagraphs (C) ‘‘(I) the cost or value of the materials pro- and (D) of this paragraph, subparagraph (A), (B), or duced in Jordan, plus (C) of paragraph (1), as appropriate, shall determine ‘‘(II) the direct costs of processing operations whether a good that is classified under one of the performed in Jordan, following headings or subheadings of the HTS shall is not less than 35 percent of the appraised value be considered to meet the requirements of para- of such article at the time it is entered. graph (1)(A) of subsection (a): 5609, 5807, 5811, ‘‘(ii) MATERIALS PRODUCED IN UNITED STATES.—If 6209.20.50.40, 6213, 6214, 6301, 6302, 6304, 6305, 6306, the cost or value of materials produced in the 6307.10, 6307.90, 6308, and 9404.90. customs territory of the United States is included ‘‘(B) CERTAIN KNIT-TO-SHAPE TEXTILES AND TEX- with respect to an article to which this paragraph TILE ARTICLES.—Notwithstanding paragraph (1)(D) applies, an amount not to exceed 15 percent of the and except as provided in subparagraphs (C) and (D) appraised value of the article at the time it is en- of this paragraph, a textile or apparel article which tered that is attributable to such United States is knit-to-shape in Jordan shall be considered to cost or value may be applied toward determining meet the requirements of paragraph (1)(A) of sub- the percentage referred to in clause (i). section (a). ‘‘(2) EXCLUSIONS.—No article may be considered to ‘‘(C) CERTAIN DYED AND PRINTED TEXTILES AND meet the requirements of paragraph (1)(A) by virtue TEXTILE ARTICLES.—Notwithstanding paragraph of having merely undergone— (1)(D), a good classified under heading 6117.10, ‘‘(A) simple combining or packaging operations; 6213.00, 6214.00. 6302.22, 6302.29, 6302.52, 6302.53, or 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, ‘‘(B) mere dilution with water or mere dilution 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the with another substance that does not materially HTS, except for a good classified under any such alter the characteristics of the article. heading as of cotton or of wool or consisting of ‘‘(b) DIRECT COSTS OF PROCESSING OPERATIONS.— fiber blends containing 16 percent or more by ‘‘(1) IN GENERAL.—As used in this section, the term weight of cotton, shall be considered to meet the ‘direct costs of processing operations’ includes, but is requirements of paragraph (1)(A) of subsection (a) if not limited to— the fabric in the good is both dyed and printed in ‘‘(A) all actual labor costs involved in the growth, Jordan, and such dyeing and printing is accom- production, manufacture, or assembly of the spe- panied by 2 or more of the following finishing oper- Page 443 TITLE 19—CUSTOMS DUTIES § 2112

ations: bleaching, shrinking, fulling, napping, in absolute terms or relative to domestic production, decating, permanent stiffening, weighting, perma- and under such conditions that imports of the Jor- nent embossing, or moireing. danian article alone constitute a substantial cause of ‘‘(D) FABRICS OF SILK, COTTON, MANMADE FIBER OR serious injury or threat thereof to the domestic in- VEGETABLE FIBER.—Notwithstanding paragraph dustry producing an article that is like, or directly (1)(C), a fabric classified under the HTS as of silk, competitive with, the imported article. cotton, man-made fiber, or vegetable fiber shall be ‘‘(2) CAUSATION.—For purposes of this subtitle, a considered to meet the requirements of paragraph Jordanian article is being imported into the United (1)(A) of subsection (a) if the fabric is both dyed and States in increased quantities as a result of the re- printed in Jordan, and such dyeing and printing is duction or elimination of a duty provided for under accompanied by 2 or more of the following finishing the Agreement if the reduction or elimination is a operations: bleaching, shrinking, fulling, napping, cause that contributes significantly to the increase decating, permanent stiffening, weighting, perma- in imports. Such cause need not be equal to or great- nent embossing, or moireing. er than any other cause. ‘‘(4) MULTICOUNTRY RULE.—If the origin of a textile ‘‘(c) APPLICABLE PROVISIONS.—The following provi- or apparel article cannot be determined under para- sions of section 202 of the Trade Act of 1974 (19 U.S.C. graph (1) or (3), then that article shall be considered 2252) apply with respect to any investigation initiated to meet the requirements of paragraph (1)(A) of sub- under subsection (b): section (a) if— ‘‘(1) Paragraphs (1)(B) and (3) of subsection (b). ‘‘(A) the most important assembly or manufac- ‘‘(2) Subsection (c). turing process occurs in Jordan; or ‘‘(3) Subsection (d). ‘‘(B) if the applicability of paragraph (1)(A) of ‘‘(d) ARTICLES EXEMPT FROM INVESTIGATION.—No in- subsection (a) cannot be determined under subpara- vestigation may be initiated under this section with re- graph (A), the last important assembly or manufac- spect to any Jordanian article if import relief has been turing occurs in Jordan. provided under this subtitle with respect to that arti- ‘‘(d) EXCLUSION.—A good shall not be considered to cle. meet the requirements of paragraph (1)(A) of sub- ‘‘SEC. 212. COMMISSION ACTION ON PETITION. section (a) if the good— ‘‘(a) DETERMINATION.—By no later than 120 days (180 ‘‘(1) is imported into Jordan, and, at the time of im- days if critical circumstances have been alleged) after portation, would be classified under heading 0805 of the date on which an investigation is initiated under the HTS; and section 211(b) with respect to a petition, the Commis- ‘‘(2) is processed in Jordan into a good classified sion shall make the determination required under that under any of subheadings 2009.11 through 2009.30 of section. the HTS. ‘‘(b) ADDITIONAL FINDING AND RECOMMENDATION IF DE- ‘‘(e) REGULATIONS.—The Secretary of the Treasury, TERMINATION AFFIRMATIVE.—If the determination made after consultation with the United States Trade Rep- by the Commission under subsection (a) with respect to resentative, shall prescribe such regulations as may be imports of an article is affirmative, the Commission necessary to carry out this section. shall find, and recommend to the President in the report required under subsection (c), the amount of im- ‘‘TITLE II—RELIEF FROM IMPORTS port relief that is necessary to remedy or prevent the ‘‘SUBTITLE A—GENERAL PROVISIONS injury found by the Commission in the determination and to facilitate the efforts of the domestic industry to ‘‘SEC. 201. DEFINITIONS. make a positive adjustment to import competition. ‘‘As used in this title: The import relief recommended by the Commission ‘‘(1) COMMISSION.—The term ‘Commission’ means under this subsection shall be limited to that described the United States International Trade Commission. in section 213(c). ‘‘(2) JORDANIAN ARTICLE.—The term ‘Jordanian arti- ‘‘(c) REPORT TO PRESIDENT.—No later than the date cle’ means an article that qualifies for reduction or that is 30 days after the date on which a determination elimination of a duty under section 102. is made under subsection (a) with respect to an investigation, the Commission shall submit to the President ‘‘SUBTITLE B—RELIEF FROM IMPORTS BENEFITING a report that shall include— FROM THE AGREEMENT ‘‘(1) a statement of the basis for the determination; ‘‘SEC. 211. COMMENCING OF ACTION FOR RELIEF. ‘‘(2) dissenting and separate views; and ‘‘(a) FILING OF PETITION.— ‘‘(3) any finding made under subsection (b) regard- ‘‘(1) IN GENERAL.—A petition requesting action ing import relief. under this subtitle for the purpose of adjusting to the ‘‘(d) PUBLIC NOTICE.—Upon submitting a report to the obligations of the United States under the Agreement President under subsection (c), the Commission shall may be filed with the Commission by an entity, in- promptly make public such report (with the exception cluding a trade association, firm, certified or recog- of information which the Commission determines to be nized union, or group of workers that is representa- confidential) and shall cause a summary thereof to be tive of an industry. The Commission shall transmit a published in the Federal Register. copy of any petition filed under this subsection to the ‘‘(e) APPLICABLE PROVISIONS.—For purposes of this United States Trade Representative. subtitle, the provisions of paragraphs (1), (2), and (3) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)) ‘‘(2) PROVISIONAL RELIEF.—An entity filing a petition under this subsection may request that provi- shall be applied with respect to determinations and sional relief be provided as if the petition had been findings made under this section as if such determina- filed under section 202(a) of the Trade Act of 1974 [19 tions and findings were made under section 202 of the U.S.C. 2252(a)]. Trade Act of 1974 (19 U.S.C. 2252). ‘‘(3) CRITICAL CIRCUMSTANCES.—Any allegation that ‘‘SEC. 213. PROVISION OF RELIEF. critical circumstances exist shall be included in the ‘‘(a) IN GENERAL.—No later than the date that is 30 petition. days after the date on which the President receives the ‘‘(b) INVESTIGATION AND DETERMINATION.— report of the Commission containing an affirmative de- ‘‘(1) IN GENERAL.—Upon the filing of a petition termination of the Commission under section 212(a), under subsection (a), the Commission, unless sub- the President shall provide relief from imports of the section (d) applies, shall promptly initiate an inves- article that is the subject of such determination to the tigation to determine whether, as a result of the re- extent that the President determines necessary to pre- duction or elimination of a duty provided for under vent or remedy the injury found by the Commission the Agreement, a Jordanian article is being imported and to facilitate the efforts of the domestic industry to into the United States in such increased quantities, make a positive adjustment to import competition, un- § 2112 TITLE 19—CUSTOMS DUTIES Page 444 less the President determines that the provision of ‘‘(1) this subtitle; such relief is not in the national economic interest of ‘‘(2) chapter 1 of title II of the Trade Act of 1974 [19 the United States or, in extraordinary circumstances, U.S.C. 2251 et seq.]; or that the provision of such relief would cause serious ‘‘(3) under both this subtitle and such chapter 1 at harm to the national security of the United States. the same time, in which case the Commission shall ‘‘(b) NATIONAL ECONOMIC INTEREST.—The President consider such petitions jointly. may determine under subsection (a) that providing import relief is not in the national economic interest of ‘‘SUBTITLE C—CASES UNDER TITLE II OF THE TRADE the United States only if the President finds that tak- ACT OF 1974 ing such action would have an adverse impact on the ‘‘SEC. 221. FINDINGS AND ACTION ON JORDANIAN United States economy clearly greater than the bene- IMPORTS. fits of taking such action. ‘‘(a) EFFECT OF IMPORTS.—If, in any investigation ini- ‘‘(c) NATURE OF RELIEF.—The import relief (including tiated under chapter 1 of title II of the Trade Act of provisional relief) that the President is authorized to 1974 [19 U.S.C. 2251 et seq.], the Commission makes an provide under this subtitle with respect to imports of affirmative determination (or a determination which an article is— the President may treat as an affirmative determina- ‘‘(1) the suspension of any further reduction pro- tion under such chapter by reason of section 330(d) of vided for under the United States Schedule to Annex the Tariff Act of 1930 [19 U.S.C. 1330(d)]), the Commis- 2.1 of the Agreement in the duty imposed on that ar- sion shall also find (and report to the President at the ticle; time such injury determination is submitted to the ‘‘(2) an increase in the rate of duty imposed on such President) whether imports of the article from Jordan article to a level that does not exceed the lesser of— are a substantial cause of serious injury or threat ‘‘(A) the column 1 general rate of duty imposed thereof. under the HTS on like articles at the time the im- ‘‘(b) PRESIDENTIAL ACTION REGARDING JORDANIAN IM- port relief is provided; or ‘‘(B) the column 1 general rate of duty imposed PORTS.—In determining the nature and extent of action under the HTS on like articles on the day before to be taken under chapter 1 of title II of the Trade Act the date on which the Agreement enters into force; of 1974, the President shall determine whether imports or from Jordan are a substantial cause of the serious in- ‘‘(3) in the case of a duty applied on a seasonal basis jury found by the Commission and, if such determina- to that article, an increase in the rate of duty im- tion is in the negative, may exclude from such action posed on the article to a level that does not exceed imports from Jordan. the column 1 general rate of duty imposed under the ‘‘SEC. 222. TECHNICAL AMENDMENT. HTS on the article for the corresponding season oc- [Amended section 2252 of this title.] curring immediately before the date on which the Agreement enters into force. ‘‘TITLE III—TEMPORARY ENTRY ‘‘(d) PERIOD OF RELIEF.—The import relief that the ‘‘SEC. 301. NONIMMIGRANT TRADERS AND INVES- President is authorized to provide under this section TORS. may not exceed 4 years. ‘‘Upon the basis of reciprocity secured by the Agree- ‘‘(e) RATE AFTER TERMINATION OF IMPORT RELIEF.— When import relief under this subtitle is terminated ment, an alien who is a national of Jordan (and any with respect to an article— spouse or child (as defined in section 101(b)(1) of the Im- ‘‘(1) the rate of duty on that article after such ter- migration and Nationality Act (8 U.S.C. 1101(b)(1)) of mination and on or before December 31 of the year in the alien, if accompanying or following to join the which termination occurs shall be the rate that, ac- alien) shall be considered as entitled to enter the cording to the United States Schedule to Annex 2.1 of United States under and in pursuance of the provisions the Agreement for the staged elimination of the tar- of the Agreement as a nonimmigrant described in sec- iff, would have been in effect 1 year after the initi- tion 101(a)(15)(E) of the Immigration and Nationality ation of the import relief action under section 211; Act (8 U.S.C. 1101(a)(15)(E)), if the entry is solely for a and purpose described in clause (i) or (ii) of such section ‘‘(2) the tariff treatment for that article after De- and the alien is otherwise admissible to the United cember 31 of the year in which termination occurs States as such a nonimmigrant. shall be, at the discretion of the President, either— ‘‘TITLE IV—GENERAL PROVISIONS ‘‘(A) the rate of duty conforming to the applicable rate set out in the United States Schedule to Annex ‘‘SEC. 401. RELATIONSHIP OF THE AGREEMENT TO 2.1; or UNITED STATES AND STATE LAW. ‘‘(B) the rate of duty resulting from the elimi- ‘‘(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES nation of the tariff in equal annual stages ending LAW.— on the date set out in the United States Schedule ‘‘(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.— to Annex 2.1 for the elimination of the tariff. No provision of the Agreement, nor the application of ‘‘SEC. 214. TERMINATION OF RELIEF AUTHORITY. any such provision to any person or circumstance, ‘‘(a) GENERAL RULE.—Except as provided in sub- that is inconsistent with any law of the United States section (b), no import relief may be provided under this shall have effect. subtitle after the date that is 15 years after the date on ‘‘(2) CONSTRUCTION.—Nothing in this Act shall be which the Agreement enters into force. construed— ‘‘(b) EXCEPTION.—Import relief may be provided under ‘‘(A) to amend or modify any law of the United this subtitle in the case of a Jordanian article after the States; or date on which such relief would, but for this sub- ‘‘(B) to limit any authority conferred under any section, terminate under subsection (a), but only if the law of the United States, Government of Jordan consents to such provision. unless specifically provided for in this Act. ‘‘(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.— ‘‘SEC. 215. COMPENSATION AUTHORITY. ‘‘(1) LEGAL CHALLENGE.—No State law, or the appli- ‘‘For purposes of section 123 of the Trade Act of 1974 cation thereof, may be declared invalid as to any per- (19 U.S.C. 2133), any import relief provided by the Presi- son or circumstance on the ground that the provision dent under section 213 shall be treated as action taken or application is inconsistent with the Agreement, under chapter 1 of title II of such Act [19 U.S.C. 2251 et except in an action brought by the United States for seq.]. the purpose of declaring such law or application in- ‘‘SEC. 216. SUBMISSION OF PETITIONS. valid. ‘‘A petition for import relief may be submitted to the ‘‘(2) DEFINITION OF STATE LAW.—For purposes of this Commission under— subsection, the term ‘State law’ includes— Page 445 TITLE 19—CUSTOMS DUTIES § 2112

‘‘(A) any law of a political subdivision of a State; as the ‘United States-Canada Free-Trade Agreement and Implementation Act of 1988’. ‘‘(B) any State law regulating or taxing the busi- ‘‘(b) TABLE OF CONTENTS.—[Omitted.] ness of insurance. ‘‘SEC. 2. PURPOSES. ‘‘(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE ‘‘The purposes of this Act are— REMEDIES.—No person other than the United States— ‘‘(1) to approve and implement the Free-Trade ‘‘(1) shall have any cause of action or defense under Agreement between the United States and Canada ne- the Agreement; or gotiated under the authority of section 102 of the ‘‘(2) may challenge, in any action brought under Trade Act of 1974 [19 U.S.C. 2112]; any provision of law, any action or inaction by any ‘‘(2) to strengthen and develop economic relations department, agency, or other instrumentality of the between the United States and Canada for their mu- United States, any State, or any political subdivision tual benefit; of a State on the ground that such action or inaction ‘‘(3) to establish a free-trade area between the two is inconsistent with the Agreement. nations through the reduction and elimination of bar- ‘‘SEC. 402. AUTHORIZATION OF APPROPRIATIONS. riers to trade in goods and services and to invest- ‘‘There are authorized to be appropriated for each fis- ment; and cal year after fiscal year 2001 to the Department of ‘‘(4) to lay the foundation for further cooperation to Commerce not more than $100,000 for the payment of expand and enhance the benefits of such Agreement. the United States share of the expenses incurred in dis- ‘‘TITLE I—APPROVAL OF UNITED STATES-CAN- pute settlement proceedings under article 17 of the ADA FREE-TRADE AGREEMENT AND RELATION- Agreement. SHIP OF AGREEMENT TO UNITED STATES LAW ‘‘SEC. 403. IMPLEMENTING REGULATIONS. ‘‘SEC. 101. APPROVAL OF UNITED STATES-CANADA ‘‘After the date of enactment of this Act [Sept. 28, FREE-TRADE AGREEMENT. 2001]— ‘‘(a) APPROVAL OF AGREEMENT AND STATEMENT OF AD- ‘‘(1) the President may proclaim such actions; and MINISTRATIVE ACTION.—Pursuant to sections 102 and 151 ‘‘(2) other appropriate officers of the United States of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the may issue such regulations, Congress approves— as may be necessary to ensure that any provision of ‘‘(1) the United States-Canada Free-Trade Agree- this Act, or amendment made by this Act, that takes ment (hereinafter in this Act referred to as the effect on the date the Agreement enters into force is ‘Agreement’) entered into on January 2, 1988, and sub- appropriately implemented on such date, but no such mitted to the Congress on July 25, 1988; proclamation or regulation may have an effective date ‘‘(2) the letters exchanged between the Govern- earlier than the date the Agreement enters into force. ments of the United States and Canada— ‘‘SEC. 404. EFFECTIVE DATES; EFFECT OF TERMI- ‘‘(A) dated January 2, 1988, relating to negotia- NATION. tions regarding articles 301 (Rules of Origin) and 401 (Tariff Elimination) of the Agreement, and ‘‘(a) EFFECTIVE DATES.—Except as provided in sub- ‘‘(B) dated January 2, 1988, relating to negotia- section (b), the provisions of this Act and the amend- tions regarding article 2008 (Plywood Standards) of ments made by this Act take effect on the date the the Agreement; and Agreement enters into force [Dec. 17, 2001]. ‘‘(3) the statement of administrative action pro- ‘‘(b) EXCEPTIONS.—Sections 1 through 3 and this title posed to implement the Agreement that was submit- take effect on the date of the enactment of this Act ted to the Congress on July 25, 1988. [Sept. 28, 2001]. ‘‘(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREE- ‘‘(c) TERMINATION OF THE AGREEMENT.—On the date on MENT.—At such time as the President determines that which the Agreement ceases to be in force, the provi- Canada has taken measures necessary to comply with sions of this Act (other than this subsection) and the the obligations of the Agreement, the President is au- amendments made by this Act, shall cease to be effec- thorized to exchange notes with the Government of tive.’’ Canada providing for the entry into force, on or after [The Harmonized Tariff Schedule of the United January 1, 1989, of the Agreement with respect to the States is not set out in the Code. See Publication of United States. Harmonized Tariff Schedule note set out under section ‘‘(c) REPORT ON CANADIAN PRACTICES.—Within 60 days 1202 of this title.] after the date of the enactment of this Act [Sept. 28, UNITED STATES-CANADA FREE-TRADE AGREEMENT 1988] (but not later than December 15, 1988), the United IMPLEMENTATION States Trade Representative shall submit to the Con- gress a report identifying, to the maximum extent Pub. L. 100–449, Sept. 28, 1988, 102 Stat. 1851, as amend- practicable, major current Canadian practices (and the ed by Pub. L. 101–207, § 1(b), Dec. 7, 1989, 103 Stat. 1833; legal authority for such practices) that, in the opinion Pub. L. 101–382, title I, §§ 103(b), 134(b), Aug. 20, 1990, 104 of the United States Trade Representative— Stat. 635, 651; Pub. L. 103–182, title I, § 107, title III, ‘‘(1) are not in conformity with the Agreement; and § 308(a), title IV, § 413, Dec. 8, 1993, 107 Stat. 2065, 2104, ‘‘(2) require a change of Canadian law, regulation, 2147; Pub. L. 104–66, title I, § 1021(d), Dec. 21, 1995, 109 policy, or practice to enable Canada to conform with Stat. 712; Pub. L. 105–206, title V, § 5003(b)(3), July 22, its international obligations under the Agreement. 1998, 112 Stat. 789, provided that: ‘‘SEC. 102. RELATIONSHIP OF THE AGREEMENT TO ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- UNITED STATES LAW. TENTS. ‘‘(a) UNITED STATES LAWS TO PREVAIL IN CONFLICT.— ‘‘(a) SHORT TITLE.—This Act [enacting section 1584 of No provision of the Agreement, nor the application of Title 28, Judiciary and Judicial Procedure, amending any such provision to any person or circumstance, sections 58c, 81c, 1305, 1306, 1311, 1312, 1313, 1502, 1508, which is in conflict with any law of the United States 1514, 1516a, 1562, 1677, 1677f, and 2518 of this title, sec- shall have effect. tions 150bb, 150cc, 154, 156, 624, 1582, and 2803 of Title 7, ‘‘(b) RELATIONSHIP OF AGREEMENT TO STATE AND Agriculture, section 1184 of Title 8, Aliens and Nation- LOCAL LAW.— ality, section 24 of Title 12, Banks and Banking, section ‘‘(1) The provisions of the Agreement prevail over— 152 of Title 21, Food and Drugs, sections 1581, 2201, and ‘‘(A) any conflicting State law; and 2643 of Title 28, section 2201 of Title 42, The Public ‘‘(B) any conflicting application of any State law Health and Welfare, section 2406 of the Appendix to to any person or circumstance; Title 50, War and National Defense, enacting provisions to the extent of the conflict. set out as notes below, and amending provisions set out ‘‘(2) Upon the enactment of this Act, the President as a note under section 2253 of this title] may be cited shall, in accordance with section 306(c)(2)(A) of the § 2112 TITLE 19—CUSTOMS DUTIES Page 446

Trade and Tariff Act of 1984 (19 U.S.C. 2114c), initiate resentatives and the Committee on Finance of the consultations with the State governments on the im- Senate that sets forth— plementation of the obligations of the United States ‘‘(A) the action proposed to be proclaimed and the under the Agreement. Such consultations shall be reasons therefor, and held— ‘‘(B) the advice obtained under paragraph (1); ‘‘(A) through the intergovernmental policy advi- ‘‘(3) a period of at least 60 calendar days that begins sory committees on trade established under such on the first day on which the President has met the section for the purpose of achieving conformity of requirements of paragraphs (1) and (2) with respect to State laws and practices with the Agreement; and such action has expired; and ‘‘(B) with the individual States as necessary to ‘‘(4) the President has consulted with such Commit- deal with particular questions that may arise. tees regarding the proposed action during the period ‘‘(3) The United States may bring an action chal- referred to in paragraph (3). lenging any provision of State law, or the application ‘‘(b) EFFECTIVE DATE OF CERTAIN PROCLAIMED AC- thereof to any person or circumstance, on the ground TIONS.—No action proclaimed by the President under that the provision or application is inconsistent with the authority of this Act, if such action is not subject the Agreement. to the consultation and lay-over requirements under ‘‘(4) For purposes of this subsection, the term subsection (a), may take effect before the 15th day after ‘State law’ includes— the date on which the text of the proclamation is pub- ‘‘(A) any law of a political subdivision of a State; lished in the Federal Register. and ‘‘(B) any State law regulating or taxing the busi- ‘‘SEC. 104. HARMONIZED SYSTEM. ness of insurance. ‘‘(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE ‘‘(a) DEFINITION.—As used in this Act, the term ‘Har- REMEDIES.—No person other than the United States monized System’ means the nomenclature system es- shall— tablished under the International Convention on the ‘‘(1) have any cause of action or defense under the Harmonized Commodity Description and Coding Sys- Agreement or by virtue of congressional approval tem (done at Brussels on June 14, 1983, and the protocol thereof, or thereto, done at Brussels on June 24, 1986) as imple- ‘‘(2) challenge, in any action brought under any mented under United States law. provision of law, any action or inaction by any de- ‘‘(b) INTERIM APPLICATION OF TSUS.—The following partment, agency, or other instrumentality of the apply if the International Convention, and the protocol United States, any State, or any political subdivision thereto, referred to in subsection (a) are not imple- of a State on the ground that such action or inaction mented under United States law before the Agreement is inconsistent with the Agreement. enters into force: ‘‘(d) INITIAL IMPLEMENTING REGULATIONS.—Initial reg- ‘‘(1) The President, subject to subsection (c), shall ulations necessary or appropriate to carry out the ac- proclaim such modifications to the Tariff Schedules tions proposed in the statement of administrative ac- of the United States (19 U.S.C. 1202) as may be nection submitted under section 101(a)(3) to implement the essary to give effect, until such time as such Conven- Agreement shall, to the maximum extent feasible, be tion and protocol are so implemented, to the rules of issued within 1 year after the date of entry into force origin, schedule of rate reductions, and other provi- of the Agreement [Jan. 1, 1989]. In the case of any im- sions that would, but for the absence of such imple- plementing action that takes effect after the date of mentation, be proclaimed under the authority of this entry into force of the Agreement, initial regulations Act to, or in terms of, the Harmonized System to im- to carry out that action shall, to the maximum extent plement the obligations of the United States under feasible, be issued within 1 year after such effective the Agreement. date. ‘‘(2) Until such time as such Convention and proto- ‘‘(e) CHANGES IN STATUTES TO IMPLEMENT A REQUIRE- col are so implemented, any reference in this Act to MENT, AMENDMENT, OR RECOMMENDATION.—The provi- the nomenclature of such Convention and protocol sions of section 3(c) of the Trade Agreements Act of shall be treated as a reference to the corresponding 1979 (19 U.S.C. 2504(c)) shall apply as if the Agreement nomenclature of the Tariff Schedules of the United were an agreement approved under section 2(a) of that States as modified under paragraph (1). Act [19 U.S.C. 2503(a)] whenever the President deter- ‘‘(c) RESTRICTIONS.— mines that it is necessary or appropriate to amend, re- ‘‘(1) No modification described in subsection (b)(1) peal, or enact a statute of the United States in order to that is to take effect concurrently with the entry implement any requirement of, amendment to, or rec- into force of the Agreement may be proclaimed un- ommendation, finding or opinion under, the Agree- less the text of the modification is published in the ment; but such provisions shall not apply to any bill to Federal Register at least 30 days before the date of implement any such requirement, amendment, recom- entry into force [Jan. 1, 1989]. mendation, finding, or opinion that is submitted to the ‘‘(2) All modifications proclaimed under the author- Congress after the close of the 30th month after the ity of subsection (b)(1) after the Agreement enters month in which the Agreement enters into force [Janu- into force with respect to the United States are sub- ary 1989]. ject to the consultation and lay-over requirements of ‘‘SEC. 103. CONSULTATION AND LAY-OVER RE- section 103(a). QUIREMENTS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS. ‘‘SEC. 105. IMPLEMENTING ACTIONS IN ANTICIPA- ‘‘(a) CONSULTATION AND LAY-OVER REQUIREMENTS.—If TION OF ENTRY INTO FORCE. a provision of this Act provides that the implementa- ‘‘Subject to section 103 or 104(c), as appropriate, and tion of an action by the President by proclamation is any other applicable restriction or limitation in this subject to the consultation and lay-over requirements Act on the proclaiming of actions or the issuing of reg- of this section, such action may be proclaimed only if— ulations to carry out this Act or any amendment made ‘‘(1) the President has obtained advice regarding by this Act, after the date of the enactment of this Act the proposed action from— [Sept. 28, 1988]— ‘‘(A) the appropriate advisory committees estab- ‘‘(1) the President may proclaim such actions; and lished under section 135 of the Trade Act of 1974 [19 ‘‘(2) other appropriate officers of the United States U.S.C. 2155], and Government may issue such regulations; ‘‘(B) the United States International Trade Com- as may be necessary to ensure that any provision of mission; this Act, or amendment made by this Act, that takes ‘‘(2) the President has submitted a report to the effect on the date the Agreement enters into force [Jan. Committee on Ways and Means of the House of Rep- 1, 1989] is appropriately implemented on such date, but Page 447 TITLE 19—CUSTOMS DUTIES § 2112 no such proclamation or regulation may have an effec- ‘‘(A) simple packaging or, except as expressly pro- tive date earlier than the date of entry into force. vided by the Annex rules, combining operations; ‘‘(B) mere dilution with water or another sub- ‘‘TITLE II—TARIFF MODIFICATIONS, RULES OF stance that does not materially alter the character- ORIGIN, USER FEES, DRAWBACK, ENFORCE- istics of the good; or MENT, AND OTHER CUSTOMS PROVISIONS ‘‘(C) any process or work in respect of which it is ‘‘SEC. 201. TARIFF MODIFICATIONS. established, or in respect of which the facts as as- ‘‘(a) TARIFF MODIFICATIONS SPECIFIED IN THE AGREE- certained clearly justify the presumption, that the MENT.—The President may proclaim— sole object was to circumvent the provisions of ‘‘(1) such modifications or continuance of any exist- chapter 3 of the Agreement. ing duty; ‘‘(3) Accessories, spare parts, or tools delivered with ‘‘(2) such continuance of existing duty-free or excise any piece of equipment, machinery, apparatus, or ve- treatment; or hicle that form part of its standard equipment shall ‘‘(3) such additional duties; be treated as having the same origin as that equip- as the President determines to be necessary or appro- ment, machinery, apparatus, or vehicle if the quan- priate to carry out article 401 of the Agreement and the tities and values of such accessories, spare parts, or schedule of duty reductions with respect to Canada set tools are customary for the equipment, machinery, forth in Annexes 401.2 and 401.7 to the Agreement, as apparatus, or vehicle. approved under section 101(a)(1). For purposes of pro- ‘‘(b) TRANSSHIPMENT.—Goods exported from the terri- claiming necessary modifications under such Annex tory of one Party originate in the territory of that 401.2, any article covered under subheading 9813.00.05 Party only if— (contained in the United States Schedule in such ‘‘(1) the goods meet the applicable requirements of Annex) shall, unless such article is a drawback eligible subsection (a) and are shipped to the territory of the good under section 204(a), be treated as being subject to other Party without having entered the commerce of any otherwise applicable customs duty if the article, or any third country; merchandise incorporating such article, is exported to ‘‘(2) the goods, if shipped through the territory of a Canada. third country, do not undergo any operation other ‘‘(b) OTHER TARIFF MODIFICATIONS.—Subject to the than unloading, reloading, or any operation nec- consultation and lay-over requirements of section essary to transport them to the territory of the other 103(a), the President may proclaim— Party or to preserve them in good condition; and ‘‘(1) such modifications as the United States and ‘‘(3) the documents related to the exportation and Canada may agree to regarding the staging of any shipment of the goods from the territory of a Party duty treatment set forth in Annexes 401.2 and 401.7 of show the territory of the other Party as their final the Agreement; destination. ‘‘(2) such modifications or continuance of any exist- ‘‘(c) INTERPRETATION.—In interpreting this section, ing duty; the following apply: ‘‘(3) such continuance of existing duty-free or excise ‘‘(1) Whenever the processing or assembly of goods treatment; or in the territory of either Party or both Parties re- ‘‘(4) such additional duties; sults in one of the changes in tariff classification de- as the President determines to be necessary or appro- scribed in the Annex rules, such goods shall be con- priate to maintain the general level of reciprocal and sidered to have been transformed in the territory of mutually advantageous concessions with respect to that Party and shall be treated as goods originating Canada provided for by the Agreement. in the territory of that Party if— ‘‘(c) MODIFICATIONS AFFECTING PLYWOOD.— ‘‘(A) such processing or assembly occurs entirely ‘‘(1) The Congress encourages the President to fa- within the territory of either Party or both Parties; cilitate the preparation, and the implementation and with Canada, of common performance standards for ‘‘(B) such goods have not subsequently undergone the use of softwood plywood and other structural pan- any processing or assembly outside the territories els in construction applications in the United States of the Parties that improves the goods in condition and Canada. or advances them in value. ‘‘(2) The President shall report to the Congress on ‘‘(2) Whenever the assembly of goods in the terri- the incorporation of common plywood performance tory of a Party fails to result in a change of tariff standards into building codes in the United States classification because either— and Canada and may implement the provisions of ar- ‘‘(A) the goods were imported into the territory of ticle 2008 of the Agreement when he determines that the Party in an unassembled or a disassembled the necessary conditions have been met. form and were classified as unassembled or dis- ‘‘(3) Any tariff reduction undertaken pursuant to assembled goods pursuant to General Rule of Inter- paragraph (2) shall be in equal annual increments pretation 2(a) of the Harmonized System; or ‘‘(B) the tariff subheading for the goods provides ending January 1, 1998, unless those reductions com- for both the goods themselves and their parts; mence after January 1, 1991. such goods shall not be treated as goods originating ‘‘SEC. 202. RULES OF ORIGIN. in the territory of a Party. ‘‘(a) IN GENERAL.— ‘‘(3) Notwithstanding paragraph (2), goods described ‘‘(1) For purposes of implementing the tariff treat- in that paragraph shall be considered to have been ment contemplated under the Agreement, goods transformed in the territory of a Party and be treat- originate in the territory of a Party if— ed as goods originating in the territory of the Party ‘‘(A) they are wholly obtained or produced in the if— territory of either Party or both Parties; or ‘‘(A) the value of materials originating in the ter- ‘‘(B) they— ritory of either Party or both Parties used or con- ‘‘(i) have been transformed in the territory of sumed in the production of the goods plus the di- either Party or both Parties so as to be subject to rect cost of assembling the goods in the territory of a change in tariff classification as described in either Party or both Parties constitute not less the Annex rules or to such other requirements as than 50 percent of the value of the goods when ex- the Annex rules may provide when no change in ported to the territory of the other Party; and tariff classifications occurs, and ‘‘(B) the goods have not subsequent to assembly ‘‘(ii) meet the other conditions set out in the undergone processing or further assembly in a third Annex. country and they meet the requirements of sub- ‘‘(2) A good shall not be considered to originate in section (b). the territory of a party [Party] under paragraph ‘‘(4) The provisions of paragraph (3) shall not apply (1)(B) merely by virtue of having undergone— to goods of chapters 61–63 of the Harmonized System. § 2112 TITLE 19—CUSTOMS DUTIES Page 448

‘‘(5) In making the determination required by para- ‘‘(ii) brokerage charges relating to the importa- graph (3)(A) and in making the same or a similar de- tion and exportation of goods; termination when required by the Annex rules, where ‘‘(iii) the costs for telephone, mail, and other materials originating in the territory of either Party means of communication; or both Parties and materials obtained or produced in ‘‘(iv) packing costs for exporting the goods; a third country are used or consumed together in the ‘‘(v) royalty payments related to a licensing production of goods in the territory of a Party, the agreement to distribute or sell the goods; value of materials originating in the territory of ei- ‘‘(vi) rent, mortgage interest, depreciation on ther Party or both Parties may be treated as such buildings, property insurance premiums, mainte- only to the extent that it is directly attributable to nance, taxes, and the cost of utilities for real the goods under consideration. property used by personnel charged with adminis- ‘‘(6) In applying the Annex rules, a specific rule trative functions; or shall take precedence over a more general rule. ‘‘(vii) profit on the goods. ‘‘(d) ANNEX RULES.— ‘‘(4) The term ‘goods wholly obtained or produced in ‘‘(1) The President is authorized to proclaim, as a the territory of either Party or both Parties’ means— part of the Harmonized System, the rules set forth ‘‘(A) mineral goods extracted in the territory of under the heading ‘Rules’ in Annex 301.2 of the Agree- either Party or both Parties; ment. For purposes of carrying out this paragraph— ‘‘(B) goods harvested in the territory of either ‘‘(A) the phrase ‘headings 2207–2209’ in paragraph Party or both Parties; 7 of section IV of such Annex 301.2 shall be treated ‘‘(C) live animals born and raised in the territory as a reference to headings 2203–2209; and of either Party or both Parties; ‘‘(B) the phrase ‘any other heading’ in paragraph ‘‘(D) goods (fish, shellfish, and other marine life) 11 of section XV in such Annex 301.2 shall be treated taken from the sea by vessels registered or recorded as a reference to any other heading of chapter 74 of with a Party and flying its flag; the Harmonized System. ‘‘(E) goods produced on board factory ships from ‘‘(2) Subject to the consultation and lay-over re- the goods referred to in subparagraph (D) provided quirements of section 103, the President is authorized such factory ships are registered or recorded with to proclaim such modifications to the rules as may that Party and fly its flag; from time-to-time be agreed to by the United States ‘‘(F) goods taken by a Party or a person of a and Canada. Party from the seabed or beneath the seabed out- ‘‘(e) AUTOMOTIVE PRODUCTS.— side territorial waters, provided that Party has ‘‘(1) The President is authorized to proclaim such rights to exploit such seabed; modifications to the definition of Canadian articles ‘‘(G) goods taken from space, provided they are (relating to the administration of the Automotive obtained by a Party or a person of a Party and not Products Trade Act of 1965 [19 U.S.C. 2001 et seq.]) in processed in a third country; the general notes of the Harmonized System as may ‘‘(H) waste and scrap derived from manufacturing be necessary to conform that definition with chapter operations and used goods, provided they were col- 3 of the Agreement. lected in the territory of either Party or both Par- ‘‘(2) For purposes of administering the value re- ties and are fit only for the recovery of raw mate- quirement (as defined in section 304(c)(3)) with re- rials; and spect to vehicles, the Secretary of the Treasury shall ‘‘(I) goods produced in the territory of either prescribe regulations governing the averaging of the Party or both Parties exclusively from goods re- value content of vehicles of the same class, or of sis- ferred to in subparagraphs (A) to (H) inclusive or ter vehicles, assembled in the same plant as an alter- from their derivatives, at any stage of production. native to the calculation of the value content of each ‘‘(5) The term ‘materials’ means goods, other than vehicle. those included as part of the direct cost of processing ‘‘(f) DEFINITIONS.—For purposes of this section: or assembling, used or consumed in the production of ‘‘(1) The term ‘Annex’ means— other goods. ‘‘(A) the interpretative guidelines set forth in ‘‘(6) The term ‘Party’ means Canada or the United subsection (c); and States. ‘‘(B) the Annex rules. ‘‘(2) The term ‘Annex rules’ means the rules pro- ‘‘(7) The term ‘territory’ means— claimed under subsection (d). ‘‘(A) with respect to Canada, the territory to ‘‘(3) The term ‘direct cost of processing or direct which its customs laws apply, including any areas cost of assembling’ means the costs directly incurred beyond the territorial seas of Canada within which, in, or that can reasonably be allocated to, the produc- in accordance with international law and its domes- tion of goods, including— tic laws, Canada may exercise rights with respect ‘‘(A) the cost of all labor, including benefits and to the seabed and subsoil and their natural re- on-the-job training, labor provided in connection sources; and with supervision, quality control, shipping, receiv- ‘‘(B) with respect to the United States— ing, storage, packaging, management at the loca- ‘‘(i) the customs territory of the United States, tion of the process or assembly, and other like which includes the fifty States, the District of labor, whether provided by employees or independ- Columbia and the Commonwealth of Puerto Rico, ent contractors; ‘‘(ii) the foreign trade zones located in the ‘‘(B) the cost of inspecting and testing the goods; United States, and the Commonwealth of Puerto ‘‘(C) the cost of energy, fuel, dies, molds, tooling, Rico, and and the depreciation and maintenance of machin- ‘‘(iii) any area beyond the territorial seas of the ery and equipment, without regard to whether they United States within which, in accordance with originate within the territory of a Party; international law and its domestic laws, the ‘‘(D) development, design, and engineering costs; United States may exercise rights with respect to ‘‘(E) rent, mortgage interest, depreciation on the seabed and subsoil and their natural re- buildings, property insurance premiums, mainte- sources. nance, taxes and the cost of utilities for real prop- ‘‘(8) The term ‘third country’ means any country erty used in the production of goods; and other than Canada or the United States or any terri- ‘‘(F) royalty, licensing, or other like payments tory not a part of the territory of either. for the right to the goods; ‘‘(9) The term ‘value of materials originating in the but not including— territory of either Party or both Parties’ means the ‘‘(i) costs relating to the general expense of aggregate of— doing business, such as the cost of providing exec- ‘‘(A) the price paid by the producer of an exported utive, financial, sales, advertising, marketing, ac- good for materials originating in the territory of ei- counting and legal services, and insurance; ther Party or both Parties or for materials im- Page 449 TITLE 19—CUSTOMS DUTIES § 2112

ported from a third country used or consumed in ‘‘(A) the identity, in accordance with the nomen- the production of such originating materials; and clature of the Harmonized System, of goods re- ‘‘(B) when not included in that price, the follow- ferred to in subsection (a)(3); and ing costs related thereto— ‘‘(B) a delay in the taking effect of article 404 of ‘‘(i) freight, insurance, packing, and all other the Agreement to a date later than January 1, 1994, costs incurred in transporting any of the mate- with respect to any merchandise if the United rials referred to in subparagraph (A) to the loca- States and Canada agree to the delay under para- tion of the producer; graph 7 of such article. ‘‘(ii) duties, taxes, and brokerage fees on such ‘‘(c) CONSEQUENTIAL AMENDMENTS.— materials paid in the territory of either Party or ‘‘(1) BONDED MANUFACTURING WAREHOUSES.— both Parties; [Amended section 1311 of this title.] ‘‘(iii) the cost of waste or spoilage resulting ‘‘(2) BONDED SMELTING AND REFINING WAREHOUSES.— from the use or consumption of such materials, [Amended section 1312 of this title.] less the value of renewable scrap or byproduct; ‘‘(3) DRAWBACK.—[Amended section 1313 of this and title.] ‘‘(iv) the value of goods and services relating to ‘‘(4) MANIPULATION IN WAREHOUSE.—[Amended sec- such materials determined in accordance with tion 1562 of this title.] subparagraph 1(b) of article 8 of the Agreement on ‘‘(5) FOREIGN TRADE ZONES.—[Amended section 81c Implementation of article VII of the General of this title.] Agreement on Tariffs and Trade. ‘‘(10) The term ‘value of the goods when exported to ‘‘SEC. 205. ENFORCEMENT. the territory of the other Party’ means the aggregate ‘‘(a) CERTIFICATIONS OF ORIGIN.— of— ‘‘(1) Any person that certifies in writing that goods ‘‘(A) the price paid by the producer for all mate- exported to Canada meet the rules of origin under rials, whether or not the materials originate in ei- section 202 of the United States-Canada Free-Trade ther Party or both Parties, and, when not included Agreement Implementation Act of 1988 [section 202 of in the price paid for the materials, the costs related this note] shall provide, upon request by any customs to— official, a copy of that certification. ‘‘(i) freight, insurance, packing, and all other ‘‘(2) Any person that fails to provide a copy of a cer- costs incurred in transporting all materials to the tification requested under paragraph (1) shall be lia- location of the producer; ble to the United States for a civil penalty not to ex- ‘‘(ii) duties, taxes, and brokerage fees on all ma- ceed $10,000. terials paid in the territory of either Party or ‘‘(3) Any person that certifies falsely that goods ex- both Parties; ported to Canada meet the rules of origin under such ‘‘(iii) the cost of waste or spoilage resulting section 202 shall be liable to the United States for the from the use or consumption of such materials, same civil penalties provided under section 592 of the less the value of renewable scrap or byproduct; Tariff Act of 1930 (19 U.S.C. 1592) for a violation of and section 592(a) of such Act by fraud, gross negligence, ‘‘(iv) the value of goods and services relating to or negligence, as the case may be. The procedures and all materials determined in accordance with sub- provisions of section 592 of such Act that are applica- paragraph 1(b) of article 8 of the Agreement on ble to a violation under section 592(a) of such Act Implementation of article VII of the General shall apply with respect to such false certification. Agreement on Tariffs and Trade; and ‘‘(b) HOUSEKEEPING REQUIREMENTS.—[Amended sec- ‘‘(B) the direct cost of processing or the direct tion 1508 of this title.] cost of assembling the goods. ‘‘(g) SPECIAL PROVISION REGARDING APPLICATION OF ‘‘SEC. 206. EXEMPTION FROM LOTTERY TICKET EM- RULES OF ORIGIN TO CERTAIN APPAREL.—The Secretary BARGO of Commerce is authorized to issue regulations govern- [Amended section 1305 of this title.] ing the exportation to Canada of apparel products that ‘‘SEC. 207. PRODUCTION-BASED DUTY REMISSION are cut, or knit to shape, and sewn, or otherwise assem- PROGRAMS WITH RESPECT TO AUTOMOTIVE bled, in either Party from fabric produced or obtained PRODUCTS. in a third country for the purpose of establishing which ‘‘(a) USTR STUDY.—The United States Trade Rep- exports of such products shall be permitted to claim resentative shall— preferential tariff treatment under the rules of origin ‘‘(1) undertake a study to determine whether any of of the Agreement, to the extent that the Agreement the production-based duty remission programs of provides for quantitative limits on the availability of Canada with respect to automotive products is ei- preferential tariff treatment for such products. ther— ‘‘SEC. 203. CUSTOMS USER FEES. ‘‘(A) inconsistent with the provisions of, or other- [Amended section 58c of this title.] wise denies the benefits to the United States under, ‘‘SEC. 204. DRAWBACK. the General Agreement on Tariffs and Trade, or ‘‘(B) being implemented inconsistently with the ‘‘(a) DEFINITION.—For purposes of this section, the term ‘drawback eligible goods’ means— obligations under article 1002 of the Agreement ‘‘(1) goods provided for under paragraph 8 of article not— 404 of the Agreement; ‘‘(i) to expand the extent or the application, or ‘‘(2) goods provided for under paragraphs 4 and 5 of ‘‘(ii) to extend the duration, such article; and of such programs; and ‘‘(3) goods other than those referred to in para- ‘‘(2) determine whether to initiate an investigation graphs (1) and (2) that the United States and Canada under section 302 of the Trade Act of 1974 [19 U.S.C. agree are not subject to paragraphs 1, 2, and 3 of such 2412] with respect to any of such production-based article. duty remission programs. No drawback may be paid with respect to countervail- ‘‘(b) REPORT AND MONITORING.— ing duties or antidumping duties imposed on drawback ‘‘(1) The United States Trade Representative shall eligible goods. submit a report to Congress no later than June 30, ‘‘(b) IMPLEMENTATION OF ARTICLE 404.—The President 1989 (or no later than September 30, 1989, if the Trade is authorized— Representative considers an extension to be nec- ‘‘(1) to proclaim the identity, in accordance with essary) containing— the nomenclature of the Harmonized System, of ‘‘(A) the results of the study under subsection goods referred to in subsection (a)(1); and (a)(1), as well as a description of the basis used for ‘‘(2) subject to the consultation and lay-over re- measuring and verifying compliance with the obli- quirements of section 103(a), to proclaim— gations referred to in subsection (a)(1)(B); and § 2112 TITLE 19—CUSTOMS DUTIES Page 450

‘‘(B) any determination made under subsection ing such time as import relief is provided with re- (a)(2) and the reasons therefor. spect to such fresh fruit or vegetable under chapter 1 ‘‘(2) Notwithstanding the submission of the report of title II of the Trade Act of 1974 [19 U.S.C. 2251 et under paragraph (1), the Trade Representative shall seq.]. continue to monitor the degree of compliance with ‘‘(7) For purposes of this subsection: the obligations referred to in subsection (a)(1)(B). ‘‘(A) The term ‘Canadian fresh fruit or vegetable’ means any article originating in Canada (as deter- ‘‘TITLE III—APPLICATION OF AGREEMENT TO mined in accordance with section 202) and classified SECTORS AND SERVICES within any of the following headings of the Har- monized System: ‘‘SEC. 301. AGRICULTURE. ‘‘(i) 07.01 (relating to potatoes, fresh or chilled); ‘‘(a) SPECIAL TARIFF PROVISIONS FOR FRESH FRUITS ‘‘(ii) 07.02 (relating to tomatoes, fresh or AND VEGETABLES.— chilled); ‘‘(1) The Secretary of Agriculture (hereafter in this ‘‘(iii) 07.03 (relating to onions, shallots, garlic, section referred to as the ‘Secretary’) may rec- leeks and other alliaceous vegetables, fresh or ommend to the President the imposition of a tem- chilled); porary duty on any Canadian fresh fruit or vegetable ‘‘(iv) 07.04 (relating to cabbages, cauliflowers, entered into the United States if the Secretary deter- kohlrabi, kale and similar edible brassicas, fresh mines that both of the following conditions exist at or chilled); the time that imposition of the duty is recommended: ‘‘(v) 07.05 (relating to lettuce (lactuca sativa) ‘‘(A) For each of 5 consecutive working days the and chicory (cichorium spp.), fresh or chilled); import price of the Canadian fresh fruit or vegeta- ‘‘(vi) 07.06 (relating to carrots, salad beets or ble is below 90 percent of the corresponding 5-year beetroot, salsify, celeriac, radishes and similar average monthly import price for such fruit or veg- edible roots (excluding turnips), fresh or chilled); etable. ‘‘(vii) 07.07 (relating to cucumbers and gherkins, ‘‘(B) The planted acreage in the United States for fresh or chilled); the like fresh fruit or vegetable is no higher than ‘‘(viii) 07.08 (relating to leguminous vegetables, the average planted acreage over the preceding 5 shelled or unshelled, fresh or chilled); ‘‘(ix) 07.09 (relating to other vegetables (exclud- years, excluding the years with the highest and ing truffles), fresh or chilled); lowest acreage. For the purposes of applying this ‘‘(x) 08.06.10 (relating to grapes, fresh); subparagraph, any acreage increase attributed di- ‘‘(xi) 08.08.20 (relating to pears and quinces, rectly to a reduction in the acreage that was plant- fresh); ed to wine grapes as of October 4, 1987, shall be ex- ‘‘(xii) 08.09 (relating to apricots, cherries, peach- cluded. es (including nectarines), plums and sloes, fresh); Whenever the Secretary makes a determination that and the conditions referred to in subparagraphs (A) and ‘‘(xiii) 08.10 (relating to other fruit (excluding (B) regarding any Canadian fresh fruit or vegetable cranberries and blueberries), fresh). exist, the Secretary shall immediately submit for ‘‘(B) The term ‘corresponding 5-year average publication in the Federal Register notice of the de- monthly import price’ for a particular day means termination. the average import price of a Canadian fresh fruit ‘‘(2) No later than 6 days after publication in the or vegetable, for the calendar month in which that Federal Register of the notice described in paragraph day occurs, for that month in each of the preceding (1), the Secretary shall decide whether to recommend 5 years, excluding the years with the highest and the imposition of a temporary duty to the President, lowest monthly averages. and if the Secretary decides to make such a recom- ‘‘(C) The term ‘import price’ has the meaning mendation, the recommendation shall be forwarded given such term in article 711 of the Agreement. immediately to the President. ‘‘(D) The rate of a temporary duty imposed under ‘‘(3) In determining whether to recommend the im- this subsection with respect to a Canadian fresh position of a temporary duty to the President under fruit or vegetable means a rate that, including the paragraph (1), the Secretary shall consider whether rate of any other duty in effect for such fruit or the conditions in subparagraphs (A) and (B) of such vegetable, does not exceed the lesser of— paragraph have led to a distortion in trade between ‘‘(i) the duty that was in effect for the fresh the United States and Canada of the fresh fruit or fruit or vegetable before January 1, 1989, under vegetable and, if so, whether the imposition of the column one of the Tariff Schedules of the United duty is appropriate, including consideration of States for the applicable season in which the tem- whether it would significantly correct this distortion. porary duty is applied; or ‘‘(4) Not later than 7 days after receipt of a recom- ‘‘(ii) the duty in effect for the fresh fruit or veg- mendation of the Secretary under paragraph (1), the etable under column one of such Schedules, or President, after taking into account the national eco- column 1 (General) of the Harmonized System, at nomic interests of the United States, shall determine the time the temporary duty is applied. ‘‘(8)(A) The Secretary shall, to the extent prac- whether to impose a temporary duty on the Canadian ticable, administer the provisions of this subsection fresh fruit or vegetable concerned. If the determina- to the 8-digit level of classification under the Har- tion is affirmative, the President shall proclaim the monized System. imposition and the rate of the temporary duty, but ‘‘(B) The Secretary may issue such regulations as such duty shall not apply to the entry of articles that may be necessary to implement the provisions of this were in transit to the United States on the first day subsection. on which the temporary duty is in effect. ‘‘(9) For purposes of assisting the Secretary in car- ‘‘(5) A temporary duty imposed under paragraph (4) rying out this subsection— shall cease to apply with respect to articles that are ‘‘(A) the Commissioner of Customs and the Direc- entered on or after the earlier of— tor of the Bureau of Census shall cooperate in pro- ‘‘(A) the day following the last of 5 consecutive viding the Secretary with timely information and working days with respect to which the Secretary data relating to the importation of Canadian fresh determines that the point of shipment price in Can- fruits and vegetables, and ada for the Canadian fruit or vegetable concerned ‘‘(B) importers shall report such information re- exceeds 90 percent of the corresponding 5-year aver- lating to Canadian fresh fruits and vegetables to age monthly import price; or the Commissioner of Customs at such time and in ‘‘(B) the 180th day after the date on which the such manner as the Commissioner requires. temporary duty first took effect. ‘‘(10) The authority to impose temporary duties ‘‘(6) No temporary duty may be imposed under this under this subsection expires on the 20th anniversary subsection on a Canadian fresh fruit or vegetable dur- of the date on which the Agreement enters into force. Page 451 TITLE 19—CUSTOMS DUTIES § 2112

‘‘(b) MEAT IMPORT ACT OF 1979.—[Amended section 2 ‘‘(G) For purposes of this subsection— of Pub. L. 88–482, set out as a note under section 2253 of ‘‘(i) The provisions of paragraphs (1), (2), and (3) of this title.] section 330(d) of the Tariff Act of 1930 (19 U.S.C. ‘‘(c) AGRICULTURAL ADJUSTMENT ACT.—[Amended sec- 1330(d)) shall be applied with respect to determination 624 of Title 7, Agriculture.] tions and findings made under this paragraph as if ‘‘(d) IMPORTATION OF ANIMAL VACCINES.—[Amended such determinations and findings were made under section 152 of Title 21, Food and Drugs.] section 201 of the Trade Act of 1974 (19 U.S.C. 2251). ‘‘(e) IMPORTATION OF SEEDS.—[Amended section 1582 ‘‘(ii) The determination of whether an article of Title 7, Agriculture.] originates in Canada shall be made in accordance ‘‘(f) PLANT AND ANIMAL HEALTH REGULATIONS.— with section 202 (including any proclamations is- ‘‘(1) [Amended section 150bb of Title 7.] sued under section 202). ‘‘(2) [Amended section 150cc of Title 7.] ‘‘(3)(A) By no later than the date that is 30 days ‘‘(3) [Amended sections 154 and 156 of Title 7.] after the date on which the President receives the re- ‘‘(4) [Amended section 2803 of Title 7.] port of the Commission containing an affirmative de- ‘‘(5) [Amended section 1306 of this title.] termination made by the Commission under para- ‘‘SEC. 302. RELIEF FROM IMPORTS. graph (2)(A), the President shall provide relief from ‘‘(a) RELIEF FROM IMPORTS OF CANADIAN ARTICLES.— imports of the article originating in Canada that is ‘‘(1) A petition requesting action under this section the subject of such determination to the extent that, for the purpose of adjusting to the obligations of the and for such time (not to exceed 3 years) as the Presi- United States under the Agreement may be filed with dent determines to be necessary to remedy the injury the United States International Trade Commission found by the Commission. (hereafter in this section referred to as the ‘Commis- ‘‘(B) The President is not required to provide im- sion’) by an entity, including a trade association, port relief by reason of this paragraph if the Presi- firm, certified or recognized union, or group of work- dent determines that the provision of such import re- ers, which is representative of an industry. The Com- lief is not in the national economic interest. mission shall transmit a copy of any petition filed ‘‘(C) The import relief that the President is author- under this paragraph to the United States Trade Rep- ized to provide by reason of this paragraph with re- resentative. spect to an article originating in Canada is limited ‘‘(2)(A) Upon the filing of a petition under para- to— graph (1), the Commission shall promptly initiate an ‘‘(i) the suspension of any further reductions pro- investigation to determine whether, as a result of a vided for under the Agreement in the duty imposed reduction or elimination of a duty provided for under on such article originating in Canada, the United States-Canada Free-Trade Agreement, an ‘‘(ii) an increase in the rate of duty imposed on article originating in Canada is being imported into such article originating in Canada to a level that the United States in such increased quantities, in ab- does not exceed the lesser of— solute terms, and under such conditions, so that im- ‘‘(I) the general subcolumn of the column 1 rate ports of such Canadian article, alone, constitute a of duty set forth in the Harmonized Tariff Sched- substantial cause of serious injury to the domestic ule of the United States that is imposed by the industry producing an article like, or directly com- United States on such article from any other for- petitive with, the imported article. eign country at the time such import relief is pro- ‘‘(B) The provisions of— vided, or ‘‘(i) paragraphs (2), (3), (4), (6), and (7) of sub- ‘‘(II) the general subcolumn of the column 1 section (b), other than paragraph (2)(B), and rate of duty set forth in the Harmonized Tariff ‘‘(ii) subsection (c), Schedule of the United States that is imposed by of section 201 of the Trade Act of 1974 (19 U.S.C. 2251), the United States on such article from any other as in effect on June 1, 1988, shall apply with respect foreign country on the day before the date on to any investigation initiated under subparagraph which the Agreement enters into force [Jan. 1, (A). 1989], or ‘‘(C) By no later than the date that is 120 days after ‘‘(iii) in the case of a duty applied on a seasonal the date on which an investigation is initiated under basis to such article originating in Canada, an in- subparagraph (A), the Commission shall make a decrease in the rate of duty imposed on such article termination under subparagraph (A) with respect to originating in Canada to a level that does not ex- such investigation. ceed the general subcolumn of the column 1 rate of ‘‘(D) If the determination made by the Commission duty set forth in the Harmonized Tariff Schedule of under subparagraph (A) with respect to imports of an the United States imposed by the United States on article is affirmative, the Commission shall find and such article originating in Canada for the cor- recommend to the President the amount of import re- responding season immediately prior to the date on lief that is necessary to remedy the injury found by which the Agreement enters into force. the Commission in such affirmative determination, ‘‘(4)(A) No investigation may be initiated under which shall be limited to that set forth in paragraph paragraph (2)(A) with respect to any article for which (3)(C). import relief has been provided under this subsection. ‘‘(E)(i) By no later than the date that is 30 days ‘‘(B) No import relief may be provided under this after the date on which a determination is made subsection after the date that is 10 years after the under subparagraph (A) with respect to an investiga- date on which the Agreement enters into force [Jan. tion, the Commission shall submit to the President a 1, 1989]. report on the determination and the basis for the de- ‘‘(5) For purposes of section 123 of the Trade Act of termination. The report shall include any dissenting 1974 (19 U.S.C. 2133), any import relief provided by the or separate views and a transcript of the hearings and President under paragraph (3) shall be treated as ac- any briefs which were submitted to the Commission tion taken under chapter I [1] of title II of such Act in the course of the investigation initiated under sub- [19 U.S.C. 2251 et seq.]. paragraph (A). ‘‘(b) RELIEF FROM IMPORTS FROM ALL COUNTRIES.— ‘‘(ii) Any finding made under subparagraph (D) ‘‘(1)(A) If, in any investigation initiated under shall be included in the report submitted to the chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. President under clause (i). 2251 et seq.], the Commission makes an affirmative ‘‘(F) Upon submitting a report to the President determination (or a determination which is treated under subparagraph (E), the Commission shall as an affirmative determination under such chapter promptly make public such report (with the excep- by reason of section 330(d) of the Tariff Act of 1930 [19 tion of information which the Commission deter- U.S.C. 1330(d)]) that an article is being imported into mines to be confidential) and shall cause a summary the United States in such increased quantities as to thereof to be published in the Federal Register. be a substantial cause of serious injury, or the threat § 2112 TITLE 19—CUSTOMS DUTIES Page 452

thereof, to the domestic industry, the Commission ‘‘(A) any action under section 301 of the Trade Act shall also find (and report to the President at the of 1974 [19 U.S.C. 2411] (including resolution through time such injury determination is submitted to the appropriate dispute settlement procedures), President), whether imports from Canada of the arti- ‘‘(B) any action under section 307 of the Trade and cle that is the subject of such investigation are sub- Tariff Act of 1984 [section 307 of Pub. L. 98–573, en- stantial and are contributing importantly to such in- acting section 2114d of this title and amending this jury or threat thereof. section], and ‘‘(B)(i) In determining under subparagraph (A) ‘‘(C) negotiations or consultations, whether on a whether imports of an article from Canada are sub- bilateral or multilateral basis; or stantial, the Commission shall not normally consider ‘‘(2) the reasons that no action was taken regarding imports from Canada in the range of 5 to 10 percent such act, policy, or practice. or less of total imports of such article to be substantial. ‘‘SEC. 304. NEGOTIATIONS REGARDING CERTAIN ‘‘(ii) For purposes of this paragraph, the term ‘con- SECTORS; BIENNIAL REPORTS. tributing importantly’ means an important cause, ‘‘(a) IN GENERAL.— but not necessarily the most important cause, of the ‘‘(1) The President is authorized to enter into nego- serious injury or threat thereof caused by imports. tiations with the Government of Canada for the pur- ‘‘(2)(A) In determining whether to take action pose of concluding an agreement (including an agree- under chapter 1 of title II of the Trade Act of 1974 ment amending the Agreement) or agreements to— with respect to imports from Canada, the President ‘‘(A) liberalize trade in services in accordance shall determine whether imports from Canada of such with article 1405 of the Agreement; article are substantial and contributing importantly ‘‘(B) liberalize investment rules; to the serious injury or threat of serious injury found ‘‘(C) improve the protection of intellectual prop- by the Commission. erty rights; ‘‘(B) In determining the nature and extent of action ‘‘(D) increase the value requirement applied for to be taken under chapter 1 of title II of the Trade purposes of determining whether an automotive Act of 1974, the President shall exclude from such ac- product is treated as originating in Canada or the tion imports from Canada if the President has made United States; and a negative determination under subparagraph (A) re- ‘‘(E) liberalize government procurement prac- garding imports from Canada. tices, particularly with regard to telecommunica- ‘‘(3)(A) If, under paragraph (2)(B), the President ex- tions. cludes imports from Canada from action taken under ‘‘(2) As an exercise of the foreign relations powers chapter 1 of title II of the Trade Act of 1974, the of the President under the Constitution, the Presi- President may, if the President thereafter determines dent will enter into immediate consultations with that a surge in imports from Canada of the article the Government of Canada to obtain the exclusion that is the subject of the action is undermining the from the transport rates established under Canada’s effectiveness of the action, take appropriate action Western Grain Transportation Act of agricultural under such chapter with respect to such imports from goods that originate in Canada and are shipped via Canada to include such imports in such action. east coast ports for consumption in the United ‘‘(B)(i) If, under paragraph (2)(B), the President ex- States. cludes imports from Canada from action taken under ‘‘(b) NEGOTIATING OBJECTIVES REGARDING SERVICES, chapter 1 of title II of the Trade Act of 1974, any en- INVESTMENT, AND INTELLECTUAL PROPERTY RIGHTS.— tity, including a trade association, firm, certified or ‘‘(1) The objectives of the United States in negotia- recognized union, or group of workers, that is rep- tions conducted under subsection (a)(1)(A) to liberal- resentative of an industry for which such action is being taken under such chapter may request the ize trade in services include— Commission to conduct an investigation of imports ‘‘(A) with respect to developing services sectors from Canada of the article that is the subject of such not covered in the Agreement, the elimination of action. those tariff, nontariff, and subsidy trade distortions ‘‘(ii) Upon receiving a request under clause (i), the that have potential to affect significant bilateral Commission shall conduct an investigation to deter- trade; mine whether a surge in imports from Canada of the ‘‘(B) the elimination or reduction of measures article that is the subject of action being taken under grandfathered by the Agreement that deny or re- chapter 1 of title II of the Trade Act of 1974 under- strict national treatment in the provision of serv- mines the effectiveness of such action. The Commis- ices; sion shall submit the findings of such investigation ‘‘(C) the elimination of local presence require- to the President by no later than the date that is 30 ments; and days after the date on which such request is received ‘‘(D) the liberalization of government procure- by the Commission. ment of services. ‘‘(C) For purposes of this paragraph, the term In conducting such negotiations, the President shall ‘surge’ means a significant increase in imports over consult with the services advisory committees estab- the trend for a reasonable, recent base period for lished under section 135 of the Trade Act of 1974 (19 which data are available. U.S.C. 2155). ‘‘(c) Any entity that is representative of an industry ‘‘(2) The objectives of the United States in any ne- may submit a petition for relief under subsection (a), gotiations conducted under subsection (a)(1)(B) to lib- under chapter 1 of title II of the Trade Act of 1974, or eralize investment rules include— under both subsection (a) and such chapter at the same ‘‘(A) the elimination of direct investment screen- time. If petitions are submitted by such an entity ing; under subsection (a) and such chapter at the same ‘‘(B) the extension of the principles of the Agree- time, the Commission shall consider such petitions ment to energy and cultural industries, to the ex- jointly. tent such industries are not currently covered by ‘‘SEC. 303. ACTS IDENTIFIED IN NATIONAL TRADE the Agreement; ESTIMATES. ‘‘(C) the elimination of technology transfer re- ‘‘With respect to any act, policy, or practice of Can- quirements and other performance requirements ada that is identified in the annual report submitted not currently barred by the Agreement; and under section 181 of the Trade Act of 1974 (19 U.S.C. ‘‘(D) the subjection of all investment disputes to 2241), the United States Trade Representative shall in- dispute resolution under chapter 18 of the Agree- clude— ment. ‘‘(1) information with respect to the action taken In conducting such negotiations, the President shall regarding such act, policy, or practice, including but consult with persons representing diverse interests in not limited to— the United States in investment. Page 453 TITLE 19—CUSTOMS DUTIES § 2112

‘‘(3) The objectives of the United States in any ne- appropriate action to enforce United States rights gotiations conducted under subsection (a)(1)(C) to im- under the General Agreement on Tariffs and Trade prove the protection of intellectual property rights that are retained in article 1205 of the Agreement. include— ‘‘(2) In enforcing the United States rights referred ‘‘(A) the recognition and adequate protection of to in paragraph (1), the President has discretion to— intellectual property, including copyrights, pat- ‘‘(A) bring a challenge to the offending Canadian ents, process patents, trademarks, mask works, and practices before the GATT; trade secrets; and ‘‘(B) retaliate against such offending practices; ‘‘(B) the establishment of dispute resolution pro- ‘‘(C) seek resolution directly with Canada; ‘‘(D) refer the matter for dispute resolution to the cedures and binational enforcement of intellectual Canada-United States Trade Commission; or property standards. ‘‘(E) take other action that the President consid- In conducting such negotiations, the President shall ers appropriate to enforce such United States consult with persons representing diverse interests in rights. the United States in intellectual property. ‘‘(f) BIENNIAL REPORT.—The President shall submit to ‘‘(c) NEGOTIATING OBJECTIVES REGARDING AUTOMOTIVE the Congress, at the close of each biennial period occur- PRODUCTS.— ring after the date on which the Agreement enters into ‘‘(1) In conducting negotiations under subsection force [Jan. 1, 1989], a report regarding— (a)(1)(D) regarding the value requirement for auto- ‘‘(1) the status of the negotiations regarding agree- motive products, the President shall seek to conclude ments that the President is authorized to enter into an agreement by no later than January 1, 1990, to in- with Canada under this section; crease the value requirement from 50 percent to at ‘‘(2) the effectiveness and operation of any agree- least 60 percent. ment entered into under section 304 that is in force ‘‘(2) The President is authorized, through January with respect to the United States; 1, 1999, to proclaim any agreed increase in the value ‘‘(3) the effectiveness of operation of the Agreement requirement. generally; and ‘‘(3) As used in this section, the term ‘value require- ‘‘(4) the actions taken by the United States and ment’ means the minimum percentage of the value of Canada to implement further the objectives of the an automotive product that must be accounted for by Agreement. the value of the materials in the product that origi- ‘‘SEC. 305. ENERGY. nated in the United States or Canada, or both, plus ‘‘(a) ALASKAN OIL.—[Amended section 2406 of the Ap- the direct cost of processing or assembly performed pendix to Title 50, War and National Defense.] in the United States or Canada, or both, with respect ‘‘(b) URANIUM.—[Amended section 2201 of Title 42, The to the product. Public Health and Welfare.] ‘‘(d) NEGOTIATION OF LIMITATION ON POTATO TRADE.— ‘‘SEC. 306. LOWERED THRESHOLD FOR GOVERN- ‘‘(1) During the 5-year period beginning on the date MENT PROCUREMENT UNDER TRADE AGREE- of enactment of this Act [Sept. 28, 1988], the Presi- MENTS ACT OF 1979 IN THE CASE OF CERTAIN dent is authorized to enter into negotiations with CANADIAN PRODUCTS. Canada for the purpose of obtaining an agreement to [Amended section 2518 of this title.] limit the exportation and importation of all potatoes ‘‘SEC. 307. TEMPORARY ENTRY FOR BUSINESS between the United States and Canada, including PERSONS. seed potatoes, fresh, chilled or frozen potatoes, dried, ‘‘(a) NONIMMIGRANT TRADERS AND INVESTORS.—Upon a desiccated or dehydrated potatoes, and potatoes basis of reciprocity secured by the United States-Can- otherwise prepared or preserved. Any agreement ne- ada Free-Trade Agreement, a citizen of Canada, and the gotiated under this subsection shall provide for an spouse and children of any such citizen if accompany- annual limitation divided equally into each half of ing or following to join such citizen, may, if otherwise the year. eligible for a visa and if otherwise admissible into the ‘‘(2) For the purpose of conducting negotiations United States under the Immigration and Nationality under paragraph (1), the Secretary of Agriculture and Act (8 U.S.C. 1101 et seq.), be considered to be classifi- the United States Trade Representative shall consult able as a nonimmigrant under section 101(a)(15)(E) of with representatives of the potato producing indus- such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a try, including the Ad Hoc Potato Advisory Group and purpose specified in Annex 1502.1 (United States of the United States/Canada Horticultural Industry Ad- America), Part B—Traders and Investors, of such visory Committee, to solicit their views on negotia- Agreement, but only if any such purpose shall have tions with Canada for reciprocal quantitative limits been specified in such Annex as of the date of entry on the potato trade. into force of such Agreement [Jan. 1, 1989]. ‘‘(3) The President is authorized to direct the Sec- ‘‘(b) NONIMMIGRANT PROFESSIONALS.—[Amended secretary of the Treasury to— tion 1184 of Title 8, Aliens and Nationality.] ‘‘(A) carry out such actions as may be necessary ‘‘SEC. 308. AMENDMENT TO SECTION 5136 OF THE or appropriate to ensure the attainment of the ob- REVISED STATUTES. jectives of any agreement that is entered into [Amended section 24 of Title 12, Banks and Banking.] under this section; and ‘‘(B) enforce any quantitative limitation, restric- ‘‘SEC. 309. STEEL PRODUCTS. tion, and other terms contained in the agreement. ‘‘Nothing in this Act shall preclude any discussion or Such actions may include, but are not limited to, renegotiation between the United States and Canada in quirements that valid export licenses or other docu- order to conclude voluntary restraint agreements or mentation issued by a foreign government be pre- mutually agreed quantitative restrictions on the vol- sented as a condition for the entry into the United ume of steel products entering the United States from States of any article that is subject to the agree- Canada. ment. ‘‘TITLE IV—BINATIONAL PANEL DISPUTE SET- ‘‘(4) The provisions of section 1204 of the Agri- TLEMENT IN ANTIDUMPING AND COUNTER- culture and Food Act of 1981 (7 U.S.C. 1736j) and the VAILING DUTY CASES. last sentence of section 812 of the Agricultural Act of 1970 (7 U.S.C. 612c–3) shall not apply in the case of ac- ‘‘SEC. 401. AMENDMENTS TO SECTION 516A OF THE tions taken pursuant to this subsection. TARIFF ACT OF 1930. ‘‘(e) CANADIAN CONTROLS ON FISH.— [Amended section 1516a of this title.] ‘‘(1) Within 30 days of the application by Canada of ‘‘SEC. 402. AMENDMENTS TO TITLE 28, UNITED export controls on unprocessed fish under statutes STATES CODE. exempted from the Agreement under article 1203, or ‘‘(a) JURISDICTION OF COURT OF INTERNATIONAL the application of landing requirements for fish TRADE.—[Amended section 1581 of Title 28, Judiciary caught in Canadian waters, the President shall take and Judicial Procedure.] § 2112 TITLE 19—CUSTOMS DUTIES Page 454

‘‘(b) RELIEF IN COURT OF INTERNATIONAL TRADE.— ‘‘(iii) placement on final candidate lists under [Amended section 2643 of Title 28.] paragraph (3), ‘‘(c) DECLARATORY JUDGMENTS.—[Amended section ‘‘(iv) placement by the Trade Representative on 2201 of Title 28.] the rosters described in Annex 1901.2(1) and Annex ‘‘(d) ACTIONS UNDER THE AGREEMENT.—[Enacted sec- 1904.13(1) of the Agreement, and tion 1584 of Title 28.] ‘‘(v) appointment by the Trade Representative for service on binational panels and extraordinary ‘‘SEC. 403. CONFORMING AMENDMENTS TO THE challenge committees convened under chapter 19 of TARIFF ACT OF 1930. the Agreement, [Amended sections 1502, 1514, 1677, and 1677f of this shall be made on the basis of the criteria provided in title.] Annex 1901.2(1) and Annex 1904.13(1) of the Agreement ‘‘SEC. 404. AMENDMENTS TO ANTIDUMPING AND and shall be made without regard to political affili- COUNTERVAILING DUTY LAW. ation. ‘‘Any amendment enacted after the Agreement enters ‘‘(C) For purposes of applying section 1001 of title into force with respect to the United States [Jan. 1, 18, United States Code, the written or oral responses 1989] that is made to— of individuals to inquiries of the interagency group ‘‘(1) section 303 [19 U.S.C. 1303] or title VII of the established under paragraph (1) or the Trade Rep- Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any suc- resentative regarding their personal and professional cessor statute, or qualifications, and financial and other relevant inter- ‘‘(2) any other statute which— ests, that bear on their suitability for the placements ‘‘(A) provides for judicial review of final deter- and appointments described in subparagraph (B), minations under such section, title, or statute, or shall be treated as matters within the jurisdiction of ‘‘(B) indicates the standard of review to be ap- an agency of the United States. plied, ‘‘(3)(A) By no later than January 3 of each calendar shall apply to Canada only to the extent specified in year, the Trade Representative shall submit to the such amendment. Committee on Finance of the Senate and the Com- mittee on Ways and Means of the House of Represent- ‘‘SEC. 405. ORGANIZATIONAL AND ADMINISTRA- atives (hereafter in this section referred to as the ‘ap- TIVE PROVISIONS REGARDING THE IMPLE- propriate Congressional Committees’) the prelimi- MENTATION OF CHAPTERS 18 AND 19 OF THE nary candidate lists of those individuals selected by AGREEMENT. the Trade Representative under paragraph (2)(A) to ‘‘(a) APPOINTMENT OF INDIVIDUALS TO PANELS AND be candidates eligible to serve on binational panels or COMMITTEES.— extraordinary challenge committees convened pursu- ‘‘(1)(A) There is established within the interagency ant to chapter 19 of the Agreement during the 1-year organization established under section 242 of the period beginning on April 1 of such calendar year. Trade Expansion Act of 1962 (19 U.S.C. 1872) an inter- ‘‘(B) Upon submission of the preliminary candidate agency group which shall— lists under subparagraph (A) to the appropriate Con- ‘‘(i) be chaired by the United States Trade Rep- gressional Committees, the Trade Representative resentative (hereafter in this section referred to as shall consult with the appropriate Congressional the ‘Trade Representative’), and Committees with regard to the individuals listed on ‘‘(ii) consist of such officers (or the designees the preliminary candidate lists. thereof) of the Government of the United States as ‘‘(C) The Trade Representative may add or delete the Trade Representative considers appropriate. individuals from the preliminary candidate lists sub- ‘‘(B) The interagency group established under submitted under subparagraph (A) after consulting the paragraph (A) shall, in a manner consistent with appropriate Congressional Committees with regard to chapter 19 of the Agreement— such addition or deletion. The Trade Representative ‘‘(i) prepare by January 3 of each calendar year— shall provide to the appropriate Congressional Com- ‘‘(I) a list of individuals who are qualified to mittees written notice of any addition or deletion of serve as members of binational panels convened an individual from the preliminary candidate lists. under chapter 19 of the Agreement, and ‘‘(4)(A) By no later than March 31 of each calendar ‘‘(II) a list of individuals who are qualified to year, the Trade Representative shall submit to the serve on extraordinary challenge committees con- appropriate Congressional Committees the final can- vened under such chapter, didate lists of those individuals selected by the Trade ‘‘(ii) if the Trade Representative makes a request Representative to be candidates eligible to serve on under paragraph (5)(A)(i) with respect to a final binational panels and extraordinary challenge com- candidate list during any calendar year, prepare by mittees convened pursuant to chapter 19 of the July 1 of such calendar year a list of those individ- Agreement during the 1-year period beginning on uals who are qualified to be added to that final can- April 1 of such calendar year. An individual may be didate list, included on a final candidate list only if written no- ‘‘(iii) exercise oversight of the administration of tice of the addition of such individual to the prelimi- the United States Secretariat that is authorized to nary candidate list was submitted to the appropriate be established under subsection (e), and Congressional Committees at least 15 days before the ‘‘(iv) make recommendations to the Trade Rep- date on which that final candidate list is submitted resentative regarding the convening of extraor- to the appropriate Congressional Committees under dinary challenge committees under chapter 19 of this subparagraph. the Agreement. ‘‘(B) Except as provided in paragraph (5), no addi- ‘‘(2)(A) The Trade Representative shall select indi- tions may be made to the final candidate lists after viduals from the respective lists prepared by the the final candidate lists are submitted to the appro- interagency group under paragraph (1)(B)(i) for place- priate Congressional Committees under subparagraph ment on a preliminary candidate list of individuals (A). eligible to serve as members of binational panels ‘‘(5)(A) If, after the Trade Representative has sub- under Annex 1901.2 of the Agreement and a prelimi- mitted the final candidate lists to the appropriate nary candidate list of individuals eligible for selec- Congressional Committees under paragraph (4)(A) for tion as members of extraordinary challenge commit- a calendar year and before July 1 of such calendar tees under Annex 1904.13 of the Agreement. year, the Trade Representative determines that addi- ‘‘(B) The selection of individuals for— tional individuals need to be added to a final can- ‘‘(i) placement on lists prepared by the inter- didate list, the Trade Representative shall— agency group under clause (i) or (ii) of paragraph ‘‘(i) request the interagency group established (1)(B), under paragraph (1)(A) to prepare a list of individ- ‘‘(ii) placement on preliminary candidate lists uals who are qualified to be added to such candidate under subparagraph (A), list, Page 455 TITLE 19—CUSTOMS DUTIES § 2112

‘‘(ii) select individuals from the list prepared by Agreement, of any individual who is a citizen or na- the interagency group under paragraph (1)(B)(ii) to tional of the United States to serve as any other be included in a proposed amendment to such final member of such a panel or committee, candidate list, and only if such individual is on the appropriate final ‘‘(iii) by no later than July 1 of such calendar candidate list that was submitted to the appropriate year, submit to the appropriate Congressional Com- Congressional Committees under paragraph (4)(A) mittees the proposed amendments to such final during such calendar year or on such list as it may be candidate list developed by the Trade Representa- amended under paragraph (5)(D)(i). tive under clause (ii). ‘‘(7)(A) Except as otherwise provided in this para- ‘‘(B) Upon submission of a proposed amendment graph, no individual may— under subparagraph (A)(iii) to the appropriate Con- ‘‘(i) be selected by the Government of the United gressional Committees, the Trade Representative States for placement on the rosters described in shall consult with the appropriate Congressional Annex 1901.2(1) and Annex 1904.13(1) of the Agree- Committees with regard to the individuals included ment, or in the proposed amendment. ‘‘(ii) be appointed solely or jointly by the Govern- ‘‘(C) The Trade Representative may add or delete ment of the United States to serve as a member of individuals from any proposed amendment submitted a binational panel or extraordinary challenge com- under subparagraph (A)(iii) after consulting the ap- mittee convened pursuant to chapter 19 of the propriate Congressional Committees with regard to Agreement, such addition or deletion. The Trade Representative during the 1-year period beginning on April 1 of any shall provide to the appropriate Congressional Com- calendar year for which the Trade Representative has mittees written notice of any addition or deletion of not met the requirements of this subsection. an individual from the proposed amendment. ‘‘(B)(i) Notwithstanding paragraphs (3), (4), or (6)(B) ‘‘(D)(i) If the Trade Representative submits under (other than paragraph (3)(A)), individuals listed on subparagraph (A)(iii) in any calendar year a proposed the preliminary candidate lists submitted to the ap- amendment to a final candidate list, the Trade Rep- propriate Congressional Committees under paragraph resentative shall, by no later than September 30 of (3)(A) may— such calendar year, submit to the appropriate Con- ‘‘(I) be selected by the Trade Representative for gressional Committees the final form of such amend- placement on the rosters described in Annex ment. On October 1 of such calendar year, such 1901.2(1) and Annex 1904.13(1) of the Agreement dur- amendment shall take effect and the individuals in- ing the 3-month period beginning on the date on cluded in the final form of such amendment shall be which the Agreement enters into force, and added to the final candidate list. ‘‘(II) be appointed solely or jointly by the Trade ‘‘(ii) An individual may be included in the final Representative under the terms of the Agreement form of an amendment submitted under clause (i) to serve as members of binational panels or ex- only if written notice of the addition of such individ- traordinary challenge committees that are con- ual to the proposed form of such amendment was sub- vened pursuant to chapter 19 of the Agreement dur- mitted to the appropriate Congressional Committees ing such 3-month period. at least 15 days before the date on which the final ‘‘(ii) If the Agreement enters into force after Janu- form of such amendment is submitted under clause ary 3, 1989, the provisions of this subsection shall be (i). applied with respect to the calendar year in which ‘‘(iii) Individuals added to a final candidate list the Agreement enters into force— under clause (i) shall be eligible to serve on bina- ‘‘(I) by substituting ‘the date that is 30 days after tional panels or extraordinary challenge committees the date on which the Agreement enters into force’ convened pursuant to chapter 19 of the Agreement, as for ‘January 3 of each calendar year’ in paragraphs the case may be, during the 6-month period beginning (1)(B)(i) and (3)(A), and on October 1 of the calendar year in which such addi- ‘‘(II) by substituting ‘the date that is 3 months tion occurs. after the date on which the Agreement enters into ‘‘(iv) No additions may be made to the final form of force’ for ‘March 31 of each calendar year’ in para- an amendment described in clause (i) after the final graph (4)(A). form of such amendment is submitted to the appro- ‘‘(b) STATUS OF PANELISTS.—Notwithstanding any priate Congressional Committees under clause (i). other provision of law, individuals appointed by the ‘‘(6)(A) The Trade Representative is the only officer United States to serve on panels or committees con- of the Government of the United States authorized to vened pursuant to chapter 19 of the Agreement, and in- act on behalf of the Government of the United States dividuals designated to assist such appointed individ- in making any selection or appointment of an indi- uals, shall not be considered to be employees or special vidual to— employees of, or to be otherwise affiliated with, the ‘‘(i) the rosters described in Annex 1901.2(1) and Government of the United States. Annex 1904.13(1) of the Agreement, or ‘‘(c) IMMUNITY OF PANELISTS.—With the exception of ‘‘(ii) the binational panels or extraordinary chal- acts described in section 777f(d)(3) [777(d)(3)] of the Tar- lenge committees convened pursuant to chapter 19 iff Act of 1930, as added by this Act [19 U.S.C. of the Agreement, 1677f(d)(3)], individuals serving on panels or committees that is to be made solely or jointly by the Govern- convened pursuant to chapter 19 of the Agreement, and ment of the United States under the terms of the individuals designated to assist the individuals serving Agreement. on such panels or committees, shall be immune from ‘‘(B) Except as otherwise provided in paragraph suit and legal process relating to acts performed by (7)(B), the Trade Representative may— such individuals in their official capacity and within ‘‘(i) select an individual for placement on the ros- the scope of their functions as such panelists or com- ters described in Annex 1901.2(1) and Annex mittee members or assistants to such panelists or com- 1904.13(1) of the Agreement during the 1-year period mittee members. beginning on April 1 of any calendar year, ‘‘(d) REGULATIONS.—The administering authority ‘‘(ii) appoint an individual to serve as one of those under title VII of the Tariff Act of 1930 [19 U.S.C. 1671 members of any binational panel or extraordinary et seq.], the United States International Trade Com- challenge committee convened pursuant to chapter mission, and the United States Trade Representative 19 of the Agreement during such 1-year period who, may promulgate such regulations as are necessary or under the terms of the Agreement, are to be ap- appropriate to carry out actions in order to implement pointed solely by the Government of the United their respective responsibilities under chapters 18 and States, or 19 of the Agreement. Initial regulations to carry out ‘‘(iii) act to make a joint appointment with the such functions shall be issued prior to the date of entry Government of Canada, under the terms of the into force of the Agreement [Jan. 1, 1989]. § 2112 TITLE 19—CUSTOMS DUTIES Page 456

‘‘(e) ESTABLISHMENT OF UNITED STATES SECRETAR- ‘‘(2) may summon witnesses, take testimony, and IAT.— administer oaths, ‘‘(1) The President is authorized to establish within ‘‘(3) may require any individual, partnership, cor- any department or agency of the Federal Government poration, association, organization, or other entity to a United States Secretariat which, subject to the produce documents, books, or records relating to the oversight of the interagency group established under matter in question, and subsection (a)(1)(A), shall facilitate— ‘‘(4) may require any individual, partnership, cor- ‘‘(A) the operation of chapters 18 and 19 of the poration, association, organization, or other entity to Agreement, and furnish in writing, in such detail and in such form as ‘‘(B) the work of the binational panels and ex- the committee may prescribe, information in its pos- traordinary challenge committees convened under session pertaining to the matter. chapters 18 and 19 of the Agreement. Any member of the committee may sign subpoenas, and ‘‘(2) The United States Secretariat established by members of the committee, when authorized by the the President under paragraph (1) shall not be consid- committee, may administer oaths and affirmations, ex- ered to be an agency for purposes of section 552 of amine witnesses, take testimony, and receive evidence. title 5, United States Code. ‘‘(b) WITNESSES AND EVIDENCE.—The attendance of ‘‘SEC. 406. AUTHORIZATION OF APPROPRIATIONS witnesses who are authorized to be summoned, and the FOR THE SECRETARIAT, THE PANELS, AND production of documentary evidence authorized to be THE COMMITTEES. ordered, under subsection (a) may be required from any ‘‘(a) THE SECRETARIAT.—There are authorized to be place in the United States at any designated place of appropriated to the department or agency within which hearing. In the case of disobedience to a subpoena au- the United States Secretariat described in chapter 19 of thorized under subsection (a), the committee may re- the Agreement is established the lesser of— quest the Attorney General of the United States to in- ‘‘(1) such sums as may be necessary, or voke the aid of any district or territorial court of the ‘‘(2) $5,000,000, United States in requiring the attendance and testi- for each fiscal year succeeding fiscal year 1988 for the mony of witnesses and the production of documentary establishment and operations of such United States evidence. Such court, within the jurisdiction of which Secretariat and for the payment of the United States such inquiry is carried on, may, in case of contumacy share of the expenses of the dispute settlement pro- or refusal to obey a subpoena issued to any individual, ceedings under chapter 18 of the Agreement. partnership, corporation, association, organization, or ‘‘(b) PANELS AND COMMITTEES.— other entity, issue an order requiring such individual ‘‘(1) There are authorized to be appropriated to the or entity to appear before the committee, or to produce Office of the United States Trade Representative for documentary evidence if so ordered or to give evidence fiscal year 1990, $1,492,000 to pay during such fiscal concerning the matter in question. Any failure to obey year the United States share of the expenses of bina- such order of the court may be punished by such court tional panels and extraordinary challenge commit- as a contempt thereof. tees convened pursuant to chapter 19 of the Agree- ‘‘(c) MANDAMUS.—Any court referred to in subsection ment. (b) shall have jurisdiction to issue writs of mandamus ‘‘(2) The United States Trade Representative is au- commanding compliance with the provisions of this thorized to transfer to any department or agency of section or any order of the committee made in pursu- the United States, from sums appropriated pursuant ance thereof. to the authorization provided under paragraph (1) or ‘‘(d) DEPOSITIONS.—The committee may order testi- section 141(g)(1) of the Trade Act of 1974 [19 U.S.C. mony to be taken by deposition at any stage of the 2171(g)(1)], such funds as may be necessary to facili- committee review. Such deposition may be taken be- tate the payment of the expenses described in para- fore any person designated by the committee and hav- graph (1). ing power to administer oaths. Such testimony shall be ‘‘(3) Funds appropriated for the payment of ex- reduced to writing by the person taking the deposition, penses described in paragraph (1) during any fiscal or under the direction of such person, and shall then be year may be expended only to the extent such funds subscribed by the deponent. Any individual, partner- do not exceed the amount authorized to be appro- ship, corporation, association, organization or other priated under paragraph (1) for such fiscal year. This entity may be compelled to appear and depose and to paragraph shall apply, notwithstanding any law en- produce documentary evidence in the same manner as acted after the date of enactment of this Act [Sept. witnesses may be compelled to appear and testify and 28, 1988], unless such subsequent law specifically pro- produce documentary evidence before the committee, vides that this paragraph shall not apply and specifi- as provided in this section. cally cites this paragraph. ‘‘SEC. 408. REQUESTS FOR REVIEW OF CANADIAN ‘‘(4) If the Canadian Secretariat described in chap- ANTIDUMPING AND COUNTERVAILING DUTY ter 19 of the Agreement provides funds during any fis- DETERMINATIONS. cal year for the purpose of paying, in accordance with ‘‘(a) REQUESTS FOR REVIEW BY THE UNITED STATES.— Annex 1901.2 of the Agreement, the Canadian share of In the case of a final antidumping or countervailing the expenses of binational panels, the United States duty determination of a competent investigating au- Secretariat established under section 405(e)(1) may thority of Canada, as defined in article 1911 of the hereafter retain and use such funds for such purposes. Agreement, requests by the United States for bina- ‘‘SEC. 407. TESTIMONY AND PRODUCTION OF PA- tional panel review under article 1904 of the Agreement PERS IN EXTRAORDINARY CHALLENGES. shall be made by the United States Secretary, de- ‘‘(a) AUTHORITY OF EXTRAORDINARY CHALLENGE COM- scribed in article 1909(4) of the Agreement. MITTEE TO OBTAIN INFORMATION.—If an extraordinary ‘‘(b) REQUESTS FOR REVIEW BY A PERSON.—In the case challenge committee (hereinafter referred to in this of a final antidumping or countervailing duty deter- section as the ‘committee’) is convened pursuant to ar- mination of a competent investigating authority of ticle 1904(13) of the Agreement, and the allegations be- Canada, as defined in article 1911 of the Agreement, a fore the committee include a matter referred to in arti- person, within the meaning of article 1904(5) of the cle 1904(13)(a)(i) of the Agreement, for the purposes of Agreement, may request a binational panel review of carrying out its functions and duties under Annex such determination by filing with the United States 1904.13 of the Agreement, the committee— Secretary, described in article 1909(4) of the Agreement, ‘‘(1) shall have access to, and the right to copy, any such a request within the time limit provided for in ar- document, paper, or record pertinent to the subject ticle 1904(4) of the Agreement. The receipt of such re- matter under consideration, in the possession of any quest by the United States Secretary shall be deemed individual, partnership, corporation, association, or- to be a request for binational panel review within the ganization, or other entity, meaning of article 1904(4) of the Agreement. Such re- Page 457 TITLE 19—CUSTOMS DUTIES § 2112 quest shall contain such information and be in such ‘‘(A)(i) as a result of implementation of provi- form, manner, and style as the administering authority sions of the Agreement, the industry is likely to shall prescribe by regulations. The request for such face increased competition from subsidized Cana- panel review shall not preclude the United States, Can- dian imports with which it directly competes; or ada, or any other person from challenging before a bi- ‘‘(ii) the industry is likely to face increased com- national panel the basis for a particular request for re- petition from subsidized imports with which it di- view. rectly competes from any other country designated ‘‘(c) SERVICE OF REQUEST FOR REVIEW.—Whenever bi- by the President, following consultations with the national panel review is requested under this section, Congress, as benefitting from a reduction of tariffs the United States Secretary shall serve a copy of the or other trade barriers under a trade agreement request on all persons who would otherwise be entitled that enters into force after January 1, 1989; and under Canadian law to commence procedures for judi- ‘‘(B) the industry is likely to experience a dete- cial review of a final antidumping or countervailing rioration of its competitive position before rules duty determination made by a competent investigating and disciplines relating to the use of government authority of Canada. subsidies have been developed with respect to such ‘‘SEC. 409. SUBSIDIES. country; may file a petition with the United States Trade Rep- ‘‘(a) NEGOTIATING AUTHORITY.— ‘‘(1) The President is authorized to enter into an resentative (hereafter referred to in this section as agreement with Canada, including an agreement to the ‘Trade Representative’) to be identified under amend the Agreement, on rules applicable to trade this section. between the United States and Canada that— ‘‘(2) Within 90 days of receipt of a petition under ‘‘(A) deal with unfair pricing and government subparagraph (1), the Trade Representative, in consulta- sidization, and tion with the Secretary of Commerce, shall decide ‘‘(B) provide for increased discipline on subsidies. whether to identify the industry on the basis that ‘‘(2)(A) The objectives of the United States in nego- there is a reasonable likelihood that the industry tiating an agreement under paragraph (1) include (but may face both the subsidization described in para- are not limited to)— graph (1)(A) and the deterioration described in para- ‘‘(i) achievement, on an expedited basis, of in- graph (1)(B). creased discipline on government production and ‘‘(3) At the request of an entity that is representa- export subsidies that have a significant impact, di- tive of an industry identified under paragraph (2), the rectly or indirectly, on bilateral trade between the Trade Representative shall— United States and Canada; and ‘‘(A) compile and make available to the industry ‘‘(ii) attainment of increased and more effective information under section 308 of the Trade Act of discipline on those Canadian Government (includ- 1974 [19 U.S.C. 2418], ing provincial) subsidies having the most signifi- ‘‘(B) recommend to the President that an inves- cant adverse impact on United States producers tigation by the United States International Trade that compete with subsidized products of Canada in Commission be requested under section 332 of the the markets of the United States and Canada. Tariff Act of 1930 [19 U.S.C. 1332], or ‘‘(B) Special emphasis should be given in negotiat- ‘‘(C) take actions described in both subparagraphs ing an agreement under paragraph (1) to obtain dis- (A) and (B). cipline on Canadian subsidy programs that adversely The industry may request the Trade Representative affect United States industries which directly com- to take appropriate action to update (as often as an- pete with subsidized imports. nually) any information obtained under subparagraph ‘‘(3) The United States members of the working (A) or (B), or both, as the case may be, until an agree- group established under article 1907 of the Agreement ment on adequate rules and disciplines relating to shall consult regularly with the Committee on Fi- government subsidies is reached. nance of the Senate, the Committee on Ways and ‘‘(4)(A) The Trade Representative and the Secretary Means of the House of Representatives, and advisory of Commerce shall review information obtained under committees established under section 135 of the Trade paragraph (3) and consult with the industry identified Act of 1974 [19 U.S.C. 2155] regarding— under paragraph (2) with a view to deciding whether ‘‘(A) the issues being considered by the working any action is appropriate under section 301 of the group; and Trade Act of 1974 [19 U.S.C. 2411], including the initi- ‘‘(B) as appropriate, the objectives and strategy of ation of an investigation under section 302(c) of that the United States in the negotiations. Act [19 U.S.C. 2412(c)] (in the case of the Trade Rep- ‘‘(4) Notwithstanding any other provision of this resentative), or under subtitle A of title VII of the Act or of any other law, the provisions of section 151 Tariff Act of 1930 [19 U.S.C. 1671 et seq.], including the of the Trade Act of 1974 (19 U.S.C. 2191) shall not initiation of an investigation under section 702(a) of apply to any bill or joint resolution that implements that Act [19 U.S.C. 1671a(a)] (in the case of the Sec- an agreement entered into under paragraph (1), un- retary of Commerce). less the President determines and notifies the Con- ‘‘(B) In determining whether to initiate any inves- gress that such agreement— tigation under section 301 of the Trade Act of 1974 [19 ‘‘(A) will provide greater discipline over govern- U.S.C. 2411] or any other trade law, other than title ment subsidies and no less discipline over unfair VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], pricing practices by producers than that provided the Trade Representative, after consultation with the by the agreements described in paragraphs (5) and Secretary of Commerce— (6) of section 2[(c)] of the Trade Agreements Act of ‘‘(i) shall seek the advice of the advisory commit- 1979 [19 U.S.C. 2503(c)(5), (6)] (the Subsidies Code and tees established under section 135 of the Trade Act Antidumping Code), respectively, taking into ac- of 1974 [19 U.S.C. 2155]; count the effects of the Agreement, and ‘‘(ii) shall consult with the Committee on Finance ‘‘(B) will neither undermine such multilateral of the Senate and the Committee on Ways and discipline nor detract from United States efforts to Means of the House of Representatives; increase such discipline on a multilateral basis in, ‘‘(iii) shall coordinate with the interagency com- or subsequent to, the Uruguay Round of multi- mittee established under section 242 of the Trade lateral trade negotiations. Expansion Act of 1962 [19 U.S.C. 1872]; and ‘‘(b) IDENTIFICATION OF INDUSTRIES FACING SUBSIDIZED ‘‘(iv) may ask the President to request advice IMPORTS.— from the United States International Trade Com- ‘‘(1) Any entity, including a trade association, firm, mission. certified or recognized union, or group of workers, ‘‘(C) In the event an investigation is initiated under that is representative of a United States industry and section 302(c) of the Trade Act of 1974 [19 U.S.C. has reason to believe that— 2412(c)] as a result of a review under this paragraph § 2112 TITLE 19—CUSTOMS DUTIES Page 458

and the President, following such investigation (in- made by this Act, shall take effect on the date the cluding any applicable dispute settlement proceed- Agreement enters into force [Jan. 1, 1989]. ings under the Agreement or any other trade agree- [A Presidential Memorandum on the Canada-United ment), determines to take action under section 301(a) States Free-Trade Agreement, dated Dec. 31, 1988, di- of such Act [19 U.S.C. 2411(a)], the President shall recting the Secretary of State to exchange notes with give preference to actions that most directly affect the Government of Canada to provide for the entry into the products that benefit from governmental sub- force of the Agreement on Jan. 1, 1989, is set out in 24 sidies and were the subject of the investigation, un- Weekly Compilation of Presidential Documents 1688, less there are no significant imports of such products Jan. 2, 1989. See, also, confirmation by Office of the or the President otherwise determines that applica- United States Trade Representative, 54 F.R. 505.] tion of the action to other products would be more ef- ‘‘(b) EXCEPTIONS.—Sections 1 and 2, title I, section 304 fective. (except subsection (f)), section 309, this section and sec- ‘‘(5) Any decision, whether positive or negative, or tion 502 shall take effect on the date of enactment of any action by the Trade Representative or the Sec- this Act [Sept. 28, 1988]. retary of Commerce under this section shall not in ‘‘(c) TERMINATION OR SUSPENSION OF AGREEMENT.— any way— ‘‘(1) TERMINATION OF AGREEMENT.—On the date the ‘‘(A) prejudice the right of any industry to file a Agreement ceases to be in force, the provisions of petition under any trade law, this Act (other than this paragraph and section ‘‘(B) prejudice, affect, or substitute for, any pro- 410(b)), and the amendments made by this Act, shall ceeding, investigation, determination, or action by cease to have effect. the Secretary of Commerce, the United States ‘‘(2) EFFECT OF AGREEMENT SUSPENSION.—An agree- International Trade Commission, or the Trade Rep- ment by the United States and Canada to suspend the resentative pursuant to such a petition, ‘‘(C) prejudice, affect, substitute for, or obviate operation of the Agreement shall not be deemed to any proceeding, investigation, or determination cause the Agreement to cease to be in force within under section 301 of the Trade Act of 1974 [19 U.S.C. the meaning of paragraph (1). 2411], title VII of the Tariff Act of 1930 [19 U.S.C. ‘‘(3) SUSPENSION RESULTING FROM NAFTA.—On the 1671 et seq.], or any other trade law. date the United States and Canada agree to suspend ‘‘(6) Nothing in this subsection may be construed to the operation of the Agreement by reason of the alter in any manner the requirements in effect before entry into force between them of the North American the enactment of this Act [Sept. 28, 1988] for standing Free Trade Agreement, the following provisions of under any law of the United States or to add any ad- this Act are suspended and shall remain suspended ditional requirements for standing under any law of until such time as the suspension of the Agreement the United States. may be terminated: ‘‘(A) Sections 204(a) and (b) and 205(a). ‘‘SEC. 410. TERMINATION OF AGREEMENT. ‘‘(B) Sections 302 and 304(f). ‘‘(a) IN GENERAL.—If— ‘‘(1) no agreement is entered into between the ‘‘(C) Sections 404, 409, and 410(b). United States and Canada on a substitute system of ‘‘SEC. 502. SEVERABILITY. rules for antidumping and countervailing duties be- ‘‘If any provision of this Act, any amendment made fore the date that is 7 years after the date on which by this Act, or the application of such a provision or the Agreement enters into force [Jan. 1, 1989], and amendment to any person or circumstances is held to ‘‘(2) the President decides not to exercise the rights be invalid, the remainder of this Act, the remaining of the United States under article 1906 of the Agree- amendments made by this Act, and the application of ment to terminate the Agreement, such provision or amendment to persons or circum- the President shall submit to the Congress a report on stances other than those to which it is held invalid, such decision which explains why continued adherence shall not be affected thereby.’’ to the Agreement is in the national economic interest [For transfer of functions, personnel, assets, and li- of the United States. In calculating the 7-year period abilities of the United States Customs Service of the referred to in paragraph (1), any time during which Department of the Treasury, including functions of the Canada is a NAFTA country (as defined in section 2(4) Secretary of the Treasury relating thereto, to the Sec- of the North American Free Trade Agreement Imple- retary of Homeland Security, and for treatment of re- mentation Act [19 U.S.C. 3301(4)]) shall be disregarded. lated references, see sections 203(1), 551(d), 552(d), and ‘‘(b) TRANSITION PROVISIONS.— ‘‘(1) If on the date on which the Agreement should 557 of Title 6, Domestic Security, and the Department cease to be in force an investigation or enforcement of Homeland Security Reorganization Plan of Novem- proceeding concerning the violation of a protective ber 25, 2002, as modified, set out as a note under section order issued under section 777(d) of the Tariff Act of 542 of Title 6.] 1930 (as amended by this Act) [19 U.S.C. 1677f(d)] or a [Amendment by section 107 of Pub. L. 103–182 to sec- Canadian undertaking is pending, such investigation tion 501(c) of Pub. L. 100–449, set out above, effective on or proceeding shall continue and sanctions may con- the date the North American Free Trade Agreement en- tinue to be imposed in accordance with the provisions ters into force between the United States and Canada of such section. [Jan. 1, 1994], see section 109(a)(2) of Pub. L. 103–182, set ‘‘(2) If on the date on which the Agreement should out as an Effective Date; Termination of NAFTA cease to be in force a binational panel review under Status note under section 3311 of this title.] article 1904 of the Agreement is pending, or has been [Section 308(b) of Pub. L. 103–182 provided that: ‘‘The requested, with respect to a determination to which amendments made by subsection (a) [amending section section 516A(g)(2) of the Tariff Act of 1930 (as added 301(a) of Pub. L. 100–449, set out above] take effect on by this Act) [19 U.S.C. 1516a(g)(2)] applies, such deter- the date of the enactment of this Act [Dec. 8, 1993].’’] mination shall be reviewable under section 516A(a) of [Amendment by section 413 of Pub. L. 103–182 to sec- the Tariff Act of 1930. In the case of a determination tion 410(a) of Pub. L. 100–449, set out above, effective on to which the provisions of this paragraph apply, the the date the North American Free Trade Agreement en- time limits for commencing an action under section ters into force with respect to the United States [Jan. 516A(a)(2)(A) of the Tariff Act of 1930 shall not begin 1, 1994], but not applicable to any final determination to run until the date on which the Agreement ceases described in section 1516a(a)(1)(B) or (2)(B)(i) to (iii) of to be in force. this title, notice of which is published in the Federal Register before such date, or to a determination de- ‘‘TITLE V—EFFECTIVE DATES AND scribed in section 1516a(a)(2)(B)(vi) of this title, notice SEVERABILITY of which is received by the Government of Canada be- ‘‘SEC. 501. EFFECTIVE DATES. fore such date, or to any binational panel review under ‘‘(a) IN GENERAL.—Except as provided in subsection the United States-Canada Free-Trade Agreement, or (b), the provisions of this Act, and the amendments any extraordinary challenge arising out of such review, Page 459 TITLE 19—CUSTOMS DUTIES § 2112 that was commenced before such date, see section 416 of ‘‘(c) EXCEPTION TO AUTHORITY.—No modification of Pub. L. 103–182, set out as an Effective Date note under any duty imposed on any article provided for in para- section 3431 of this title.] graph (4) of annex 1 of the Agreement that may be pro- [For provisions relating to effect of termination of claimed under subsection (a) or (b) shall take effect NAFTA country status on the provisions of sections 401 prior to January 1, 1995. to 416 of Pub. L. 103–182, see section 3451 of this title.] ‘‘SEC. 5. RELATIONSHIP OF THE AGREEMENT TO PLAN AMENDMENTS NOT REQUIRED UNTIL UNITED STATES LAW. JANUARY 1, 1989 ‘‘(a) UNITED STATES STATUTES TO PREVAIL IN CON- FLICT.—No provision of the Agreement, nor the applica- For provisions directing that if any amendments tion of any such provision to any person or circum- made by subtitle A or subtitle C of title XI [§§ 1101–1147 stance, which is in conflict with— and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. ‘‘(1) title IV of the Trade and Tariff Act of 1984 99–514 require an amendment to any plan, such plan [title IV of Pub. L. 98–573, amending this section and amendment shall not be required to be made before the enacting provisions set out below], or first plan year beginning on or after Jan. 1, 1989, see ‘‘(2) any other statute of the United States, section 1140 of Pub. L. 99–514, as amended, set out as a shall be given effect under the laws of the United note under section 401 of Title 26, Internal Revenue States. Code. ‘‘(b) IMPLEMENTING REGULATIONS.—Regulations that are necessary or appropriate to carry out actions pro- UNITED STATES-ISRAEL FREE TRADE AREA posed in any statement of proposed administrative ac- IMPLEMENTATION tion submitted to the Congress under section 102 of the Pub. L. 99–47, June 11, 1985, 99 Stat. 82, as amended by Trade Act of 1974 (19 U.S.C. 2112) in order to implement Pub. L. 104–234, § 1, Oct. 2, 1996, 110 Stat. 3058, provided the Agreement shall be prescribed. Initial regulations that: to carry out such action shall be issued within one year after the date of the entry into force of the Agreement. ‘‘SECTION 1. SHORT TITLE. ‘‘(c) CHANGES IN STATUTES TO IMPLEMENT A REQUIRE- ‘‘This Act may be cited as the ‘United States-Israel MENT, AMENDMENT, OR RECOMMENDATION.— Free Trade Area Implementation Act of 1985’. ‘‘(1) Except as otherwise provided in paragraph (2), ‘‘SEC. 2. PURPOSES. the provisions of section 3(c) of the Trade Agreements ‘‘The purposes of this Act are— Act of 1979 (19 U.S.C. 2504(c)) shall apply with respect ‘‘(1) to approve and implement the agreement on to the Agreement and— ‘‘(A) no requirement of, amendment to, or recom- the establishment of a free trade area between the mendation under the Agreement shall be imple- United States and Israel negotiated under the author- mented under United States law, and ity of section 102 of the Trade Act of 1974 [19 U.S.C. ‘‘(B) no amendment, repeal, or enactment of a 2112]; statute of the United States to implement any such ‘‘(2) to strengthen and develop the economic rela- requirement, amendment, or recommendation shall tions between the United States and Israel for their enter into force with respect to the United States, mutual benefit; and unless there has been compliance with the provisions ‘‘(3) to establish free trade between the two nations of section 3(c) of the Trade Agreements Act of 1979. through the removal of trade barriers. ‘‘(2) The provisions of section 3(c)(4) of the Trade ‘‘SEC. 3. APPROVAL OF A FREE TRADE AREA Agreements Act of 1979 (19 U.S.C. 2504(c)(4)) shall AGREEMENT. apply to any bill implementing any requirement of, ‘‘Pursuant to sections 102 and 151 of the Trade Act of amendment to, or recommendation made under, the 1974 (19 U.S.C. 2112; 2191), the Congress approves— Agreement that reduces or eliminates any duty im- ‘‘(1) the Agreement on the Establishment of a Free posed on any article provided for in paragraph (4) of Trade Area between the Government of the United Annex 1 of the Agreement only if— States of America and the Government of Israel ‘‘(A) any reduction of such duty provided in such (hereinafter in this Act referred to as ‘the Agree- bill— ment’) entered into on April 22, 1985, and submitted ‘‘(i) takes effect after December 31, 1989, and to the Congress on April 29, 1985, and ‘‘(ii) takes effect gradually over the period that ‘‘(2) the statement of administrative action pro- begins on January 1, 1990, and ends on December posed to implement the Agreement that was submit- 31, 1994, ‘‘(B) any elimination of such duty provided in ted to the Congress on April 29, 1985. such bill does not take effect prior to January 1, ‘‘SEC. 4. PROCLAMATION AUTHORITY. 1995, and ‘‘(a) TARIFF MODIFICATIONS.—Except as provided in ‘‘(C) the consultations required under section subsection (c), the President may proclaim— 3(c)(1) of such Act occur at least ninety days prior ‘‘(1) such modifications or continuance of any exist- to the date on which such bill is submitted to the ing duty, Congress under section 3(c) of such Act. ‘‘(2) such continuance of existing duty-free or excise ‘‘(d) PRIVATE REMEDIES NOT CREATED.—Neither the treatment, or entry into force of the Agreement with respect to the ‘‘(3) such additional duties, United States, nor the enactment of this Act, shall be as the President determines to be required or appro- construed as creating any private right of action or priate to carry out the schedule of duty reductions remedy for which provision is not explicitly made with respect to Israel set forth in annex 1 of the Agree- under this Act or under the laws of the United States. ment. ‘‘SEC. 6. TERMINATION. ‘‘(b) ADDITIONAL TARIFF MODIFICATION AUTHORITY.— ‘‘The provisions of section 125(a) of the Trade Act of Except as provided in subsection (c), whenever the 1974 (19 U.S.C. 2135(a)) shall not apply to the Agree- President determines that it is necessary to maintain ment. the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for ‘‘SEC. 7. LOWERED THRESHOLD FOR GOVERNMENT by the Agreement, the President may proclaim— PROCUREMENT UNDER TRADE AGREEMENTS ‘‘(1) such withdrawal, suspension, modification, or ACT OF 1979 IN THE CASE OF CERTAIN ISRAELI continuance of any duty, PRODUCTS. ‘‘(2) such continuance of existing duty-free or excise [Section amended section 2518(4)(C) of this title.] treatment, or ‘‘SEC. 8. TECHNICAL AMENDMENTS. ‘‘(3) such additional duties, [Section amended title IV of Pub. L. 98–573, set out as as the President determines to be required or appro- a note below, this section, and sections 2462 to 2464 of priate to carry out the Agreement. this title.] § 2112 TITLE 19—CUSTOMS DUTIES Page 460

‘‘SEC. 9. ADDITIONAL PROCLAMATION AUTHORITY. ‘‘(4) DIRECT COSTS OF PROCESSING OPERATIONS.—(A) ‘‘(a) ELIMINATION OR MODIFICATIONS OF DUTIES.—The For purposes of this section, the ‘direct costs of proc- President is authorized to proclaim elimination or essing operations performed in the West Bank, Gaza modification of any existing duty as the President de- Strip, or a qualifying industrial zone’ with respect to termines is necessary to exempt any article from duty an article are those costs either directly incurred in, if— or which can be reasonably allocated to, the growth, ‘‘(1) that article is wholly the growth, product, or production, manufacture, or assembly, of that arti- manufacture of the West Bank, the Gaza Strip, or a cle. Such costs include, but are not limited to, the qualifying industrial zone or is a new or different ar- following to the extent that they are includible in the ticle of commerce that has been grown, produced, or appraised value of articles imported into the United manufactured in the West Bank, the Gaza Strip, or a States: qualifying industrial zone; ‘‘(i) All actual labor costs involved in the growth, ‘‘(2) that article is imported directly from the West production, manufacture, or assembly of the arti- Bank, the Gaza Strip, Israel, or a qualifying indus- cle, including fringe benefits, on-the-job training, trial zone; and and costs of engineering, supervisory, quality con- ‘‘(3) the sum of— trol, and similar personnel. ‘‘(A) the cost or value of the materials produced ‘‘(ii) Dies, molds, tooling, and depreciation on main the West Bank, the Gaza Strip, Israel, or a quali- chinery and equipment which are allocable to the fying industrial zone, plus article. ‘‘(B) the direct costs of processing operations per- ‘‘(iii) Research, development, design, engineering, formed in the West Bank, the Gaza Strip, Israel, or and blueprint costs insofar as they are allocable to a qualifying industrial zone, the article. is not less than 35 percent of the appraised value of ‘‘(iv) Costs of inspecting and testing the article. the product at the time it is entered into the United ‘‘(B) Those items that are not included as direct States. costs of processing operations with respect to an arti- For purposes of determining the 35 percent content re- cle are those which are not directly attributable to quirement contained in paragraph (3), the cost or value the article or are not costs of manufacturing the arti- of materials which are used in the production of an ar- cle. Such items include, but are not limited to— ticle in the West Bank, the Gaza Strip, or a qualifying ‘‘(i) profit; and industrial zone, and are the products of the United ‘‘(ii) general expenses of doing business which are States, may be counted in an amount up to 15 percent either not allocable to the article or are not related of the appraised value of the article. to the growth, production, manufacture, or assem- ‘‘(b) APPLICABILITY OF CERTAIN PROVISIONS OF THE bly of the article, such as administrative salaries, AGREEMENT.— casualty and liability insurance, advertising, and ‘‘(1) NONQUALIFYING OPERATIONS.—No article shall salesmen’s salaries, commissions, or expenses. be considered a new or different article of commerce ‘‘(5) IMPORTED DIRECTLY.—For purposes of this sec- under this section, and no material shall be included tion— for purposes of determining the 35 percent require- ‘‘(A) articles are ‘imported directly’ if— ment of subsection (a)(3), by virtue of having merely ‘‘(i) the articles are shipped directly from the undergone— West Bank, the Gaza Strip, a qualifying indus- ‘‘(A) simple combining or packaging operations, trial zone, or Israel into the United States with- or out passing through the territory of any inter- ‘‘(B) mere dilution with water or with another mediate country; or substance that does not materially alter the char- ‘‘(ii) if shipment is through the territory of an acteristics of the article or material. intermediate country, the articles in the ship- ‘‘(2) REQUIREMENTS FOR NEW OR DIFFERENT ARTICLE ment do not enter into the commerce of any in- OF COMMERCE.—For purposes of subsection (a)(1), an termediate country and the invoices, bills of lad- article is a ‘new or different article of commerce’ if ing, and other shipping documents specify the it is substantially transformed into an article having United States as the final destination; or a new name, character, or use. ‘‘(B) if articles are shipped through an intermedi- ‘‘(3) COST OR VALUE OF MATERIALS.—(A) For pur- ate country and the invoices and other documents poses of this section, the cost or value of materials do not specify the United States as the final des- produced in the West Bank, the Gaza Strip, or a tination, then the articles in the shipment, upon qualifying industrial zone includes— arrival in the United States, are imported directly ‘‘(i) the manufacturer’s actual cost for the mate- only if they— rials; ‘‘(i) remain under the control of the customs ‘‘(ii) when not included in the manufacturer’s ac- authority in an intermediate country; tual cost for the materials, the freight, insurance, ‘‘(ii) do not enter into the commerce of an in- packing, and all other costs incurred in transport- termediate country except for the purpose of a ing the materials to the manufacturer’s plant; sale other than at retail, but only if the articles ‘‘(iii) the actual cost of waste or spoilage, less the are imported as a result of the original commer- value of recoverable scrap; and cial transactions between the importer and the ‘‘(iv) taxes or duties imposed on the materials by producer or the producer’s sales agent; and the West Bank, the Gaza Strip, or a qualifying in- ‘‘(iii) have not been subjected to operations dustrial zone, if such taxes or duties are not remit- other than loading, unloading, or other activities ted on exportation. necessary to preserve the article in good condi- ‘‘(B) If a material is provided to the manufacturer tion. without charge, or at less than fair market value, its ‘‘(6) DOCUMENTATION REQUIRED.—An article is eligi- cost or value shall be determined by computing the ble for the duty exemption under this section only sum of— if— ‘‘(i) all expenses incurred in the growth, produc- ‘‘(A) the importer certifies that the article meets tion, or manufacture of the material, including gen- the conditions for the duty exemption; and eral expenses; ‘‘(B) when requested by the Customs Service, the ‘‘(ii) an amount for profit; and importer, manufacturer, or exporter submits a dec- ‘‘(iii) freight, insurance, packing, and all other laration setting forth all pertinent information costs incurred in transporting the material to the with respect to the article, including the following: manufacturer’s plant. ‘‘(i) A description of the article, quantity, num- If the information necessary to compute the cost or bers, and marks of packages, invoice numbers, value of a material is not available, the Customs and bills of lading. Service may ascertain or estimate the value thereof ‘‘(ii) A description of the operations performed using all reasonable methods. in the production of the article in the West Bank, Page 461 TITLE 19—CUSTOMS DUTIES § 2112

the Gaza Strip, a qualifying industrial zone, or Is- ‘‘(B) that article is imported directly from Israel rael and identification of the direct costs of proc- into the customs territory of the United States; and essing operations. ‘‘(C) the sum of— ‘‘(iii) A description of any materials used in ‘‘(i) the cost of value of the materials produced in production of the article which are wholly the Israel, plus growth, product, or manufacture of the West ‘‘(ii) the direct costs of processing operations per- Bank, the Gaza Strip, a qualifying industrial formed in Israel, zone, Israel or United States, and a statement as is not less than 35 percent of the appraised value of to the cost or value of such materials. such article at the time it is entered. ‘‘(iv) A description of the operations performed If the cost or value of materials produced in the cus- on, and a statement as to the origin and cost or toms territory of the United States is included with re- value of, any foreign materials used in the article spect to an article to which this subsection applies, an which are claimed to have been sufficiently proc- amount not to exceed 15 percent of the appraised value essed in the West Bank, the Gaza Strip, a qualify- of the article at the time it is entered that is attrib- ing industrial zone, or Israel so as to be materials utable to such United States cost or value may be ap- produced in the West Bank, the Gaza Strip, a plied toward determining the percentage referred to in qualifying industrial zone, or Israel. subparagraph (C). ‘‘(v) A description of the origin and cost or ‘‘(2) No article may be considered to meet the re- value of any foreign materials used in the article quirements of paragraph (1)(A) by virtue of having which have not been substantially transformed in merely undergone— the West Bank, the Gaza Strip, or a qualifying in- ‘‘(A) simple combining or packaging operations; or dustrial zone. ‘‘(B) mere dilution with water or mere dilution with ‘‘(c) SHIPMENT OF ARTICLES OF ISRAEL THROUGH WEST another substance that does not materially alter the BANK OR GAZA STRIP.—The President is authorized to characteristics of the article. proclaim that articles of Israel may be treated as ‘‘(b) As used in this section, the phrase ‘direct costs though they were articles directly shipped from Israel of processing operations’ includes, but is not limited for the purposes of the Agreement even if shipped to to— the United States from the West Bank, the Gaza Strip, ‘‘(1) all actual labor costs involved in the growth, or a qualifying industrial zone, if the articles otherwise production, manufacture, or assembly of the specific meet the requirements of the Agreement. merchandise, including fringe benefits, on-the-job ‘‘(d) TREATMENT OF COST OR VALUE OF MATERIALS.— training and the cost of engineering, supervisory, The President is authorized to proclaim that the cost quality control, and similar personnel; and or value of materials produced in the West Bank, the ‘‘(2) dies, molds, tooling, and depreciation on ma- Gaza Strip, or a qualifying industrial zone may be in- chinery and equipment which are allocable to the cluded in the cost or value of materials produced in Is- specific merchandise. rael under section 1(c)(i) of Annex 3 of the Agreement, Such phrase does not include costs which are not di- and the direct costs of processing operations performed rectly attributable to the merchandise concerned, or in the West Bank, the Gaza Strip, or a qualifying indus- are not costs of manufacturing the product, such as (A) trial zone may be included in the direct costs of proc- profit, and (B) general expenses of doing business which essing operations performed in Israel under section are either not allocable to the specific merchandise or 1(c)(ii) of Annex 3 of the Agreement. are not related to the growth, production, manufac- ‘‘(e) QUALIFYING INDUSTRIAL ZONE DEFINED.—For pur- ture, or assembly of the merchandise, such as adminis- poses of this section, a ‘qualifying industrial zone’ trative salaries, casualty and liability insurance, ad- means any area that— ‘‘(1) encompasses portions of the territory of Israel vertising, and salesmen’s salaries, commissions or ex- and Jordan or Israel and Egypt; penses. ‘‘(2) has been designated by local authorities as an ‘‘(c) REGULATIONS.—The Secretary of the Treasury, enclave where merchandise may enter without pay- after consultation with the United States Trade Rep- ment of duty or excise taxes; and resentative, shall prescribe such regulations as may be ‘‘(3) has been specified by the President as a quali- necessary to carry out this section. fying industrial zone.’’ ‘‘SEC. 403. APPLICATION OF CERTAIN OTHER [For transfer of functions, personnel, assets, and li- TRADE LAW PROVISIONS. abilities of the United States Customs Service of the ‘‘(a) SUSPENSION OF DUTY-FREE TREATMENT.—The Department of the Treasury, including functions of the President may by proclamation suspend the reduction Secretary of the Treasury relating thereto, to the Sec- or elimination of any duty provided under any trade retary of Homeland Security, and for treatment of re- agreement provision entered into with Israel under the lated references, see sections 203(1), 551(d), 552(d), and authority of section 102(b)(1) of the Trade Act of 1974 [19 557 of Title 6, Domestic Security, and the Department U.S.C. 2112(b)(1)] with respect to any article and may of Homeland Security Reorganization Plan of Novem- proclaim a duty rate for such article if such action is ber 25, 2002, as modified, set out as a note under section proclaimed under section 203 of the Trade Act of 1974 542 of Title 6.] [19 U.S.C. 2253] or section 232 of the Trade Expansion TRADE AGREEMENTS WITH ISRAEL Act of 1962 [19 U.S.C. 1862]. ‘‘(b) ITC REPORTS.—In any report by the United Pub. L. 98–573, title IV, §§ 402–405, formerly §§ 402–404, States International Trade Commission (hereinafter re- 406, Oct. 30, 1984, 98 Stat. 3015–3017, as renumbered and ferred to in this title [this note] as the ‘Commission’) amended by Pub. L. 99–47, § 8(a), June 11, 1985, 99 Stat. to the President under section 202(f) of the Trade Act 84; Pub. L. 99–514, title XVIII, § 1889(6), Oct. 22, 1986, 100 of 1974 [19 U.S.C. 2252(f)] regarding any article for which Stat. 2926; Pub. L. 100–418, title I, §§ 1214(s)(4), 1401(b)(3), a reduction or elimination of any duty is provided Aug. 23, 1988, 102 Stat. 1160, 1240, provided that: under a trade agreement entered into with Israel under ‘‘SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT section 102(b)(1) of the Trade Act of 1974 [19 U.S.C. OF ARTICLES. 2112(b)(1)], the Commission shall state whether and to ‘‘(a)(1) The reduction or elimination of any duty im- what extent its findings and recommendations apply to posed on any article by the United States provided for such an article when imported from Israel. in a trade agreement entered into with Israel under ‘‘(c) For purposes of section 203 of the Trade Act of section 102(b)(1) of the Trade Act of 1974 [19 U.S.C. 1974 [19 U.S.C. 2253], the suspension of the reduction or 2112(b)(1)] shall apply only if— elimination of a duty under subsection (a) shall be ‘‘(A) that article is the growth, product, or manu- treated as an increase in duty. facture of Israel or is a new or different article of ‘‘(d) No proclamation which provides solely for a sus- commerce that has been grown, produced, or manu- pension referred to in subsection (a) with respect to factured in Israel; any article shall be made under section 203 of the Trade § 2112 TITLE 19—CUSTOMS DUTIES Page 462

Act of 1974 [19 U.S.C. 2253], unless the Commission, in ‘‘(1) live plants and fresh cut flowers provided for in addition to making an affirmative determination with chapter 6 of the Harmonized Tariff Schedule of the respect to such article under section 202(b) of the Trade United States (19 U.S.C. 1202, hereinafter referred to Act of 1974 [19 U.S.C. 2252(b)], determines in the course as the ‘HTS’); of its investigation under that section that the serious ‘‘(2) vegetables, edible nuts or fruit provided for in injury (or threat thereof) substantially caused by im- chapters 7 and 8, heading 1105, subheadings 1106.10.00 ports to the domestic industry producing a like or di- and 1106.30, heading 1202, subheadings 1214.90.00 and rectly competitive article results from the reduction or 1704.90.60, headings 2001 through 2008 (excluding sub- elimination of any duty provided under any trade headings 2001.90.20 and 2004.90.10) and subheading agreement provision entered into with Israel under sec- 2103.20.40 of the HTS; tion 102(b)(1) of the Trade Act of 1974 [19 U.S.C. ‘‘(3) concentrated citrus fruit juice provided for in 2112(b)(1)]. subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, ‘‘(e)(1) Any proclamation issued under section 203 of and 2009.30.60 of the HTS. the Trade Act of 1974 [19 U.S.C. 2253] that is in effect ‘‘(f) No trade agreement entered into with Israel when an agreement with Israel is entered into under under section 102(b)(1) of the Trade Act of 1974 [19 section 102(b)(1) of the Trade Act of 1974 [19 U.S.C. U.S.C. 2112(b)(1)] shall affect fees imposed under section 2112(b)(1)] shall remain in effect until modified or ter- 22 of the Agricultural Adjustment Act (7 U.S.C. 624). minated. ‘‘SEC. 405. CONSTRUCTION OF TITLE. ‘‘(2) If any article is subject to import relief at the ‘‘Neither the taking effect of any trade agreement time an agreement is entered into with Israel under provision entered into with Israel under section section 102(b)(1) of the Trade Act of 1974 [19 U.S.C. 102(b)(1) [19 U.S.C. 2112(b)(1)], nor any proclamation is- 2112(b)(1)], the President may reduce or terminate the sued to implement any such provision, may affect in application of such import relief to the importation of any manner, or to any extent, the application to any such article before the otherwise scheduled date on Israeli articles of section 232 of the Trade Expansion which such reduction or termination would occur pur- Act of 1962 [19 U.S.C. 1862], section 337 of title VII [prob- suant to the criteria and procedures of sections 203 and ably should be ‘‘title III’’ of the Tariff Act of 1930 [19 204 of the Trade Act of 1974 [19 U.S.C. 2253, 2254]. U.S.C. 1337], chapter 1 of title II and chapter 1 of title ‘‘SEC. 404. FAST TRACK PROCEDURES FOR PERISH- III of the Trade Act of 1974 [19 U.S.C. 2251 et seq., 2411 ABLE ARTICLES. et seq.], or any other provision of law under which re- ‘‘(a) If a petition is filed with the Commission under lief from injury caused by import competition or by un- the provisions of section 202(a) of the Trade Act of 1974 fair import trade practices may be sought.’’ [19 U.S.C. 2252(a)] regarding a perishable product which [Amendment of section 404 of Pub. L. 98–573 by sec- is subject to any reduction or elimination of a duty im- tion 1214(s)(4) of Pub. L. 100–418 effective Jan. 1, 1989, posed by the United States under a trade agreement en- and applicable with respect to articles entered on or tered into with Israel under section 102(b)(1) of the after such date, see section 1217(b)(1) of Pub. L. 100–418, Trade Act of 1974 [19 U.S.C. 2112(b)(1)] and alleges injury set out as an Effective Date note under section 3001 of from imports of that product, then the petition may this title.] also be filed with the Secretary of Agriculture with a [Amendment of sections 403 and 404 of Pub. L. 98–573 request that emergency relief be granted under sub- by section 1401 of Pub. L. 100–418 effective Aug. 23, 1988, section (c) with respect to such article. and applicable with respect to investigations initiated ‘‘(b) Within 14 days after the filing of a petition under under part 1 (§ 2251 et seq.) of subchapter II of this chap- subsection (a)— ter on or after that date, see section 1401(c) of Pub. L. ‘‘(1) if the Secretary of Agriculture has reason to 100–418, set out as an Effective Date of 1988 Amendment believe that a perishable product from Israel is being note under section 2251 of this title.] imported into the United States in such increased [The Harmonized Tariff Schedule of the United quantities as to be a substantial cause of serious in- States is not set out in the Code. See Publication of jury, or the threat thereof, to the domestic industry Harmonized Tariff Schedule note set out under section producing a perishable product like or directly com- 1202 of this title.] petitive with the imported product and that emergency action is warranted, he shall advise the Presi- PRESIDENTIAL DETERMINATION REGARDING dent and recommend that the President take emer- MULTILATERAL TRADE NEGOTIATIONS gency action; or For provisions relating to Presidential determination ‘‘(2) the Secretary of Agriculture shall publish a no- regarding multilateral trade negotiations and Presi- tice of his determination not to recommend the im- dential determination regarding acceptance and appli- position of emergency action and so advise the peti- cation of certain international trade agreements, see tioner. notes set out under section 2503 of this title. ‘‘(c) Within 7 days after the President receives a recommendation from the Secretary of Agriculture to EX. ORD. NO. 12662. IMPLEMENTING UNITED STATES- take emergency action under subsection (b), he shall CANADA FREE-TRADE IMPLEMENTATION ACT issue a proclamation withdrawing the reduction or elimination of duty provided to the perishable product Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, as amend- under any trade agreement provision entered into ed by Ex. Ord. No. 12889, § 4(c), Dec. 27, 1993, 58 F.R. under section 102(b)(1) of the Trade Act of 1974 [19 69681, provided: U.S.C. 2112(b)(1)] or publish a notice of his determina- By virtue of the authority vested in me as President tion not to take emergency action. by the Constitution and laws of the United States of ‘‘(d) The emergency action provided under subsection America, including the United States-Canada Free- (c) shall cease to apply— Trade Agreement Implementation Act of 1988 (Public ‘‘(1) upon the taking of actions under section 203 of Law 100–449, 102 Stat. 1851) (‘‘FTA Implementation the Trade Act of 1974 [19 U.S.C. 2253]; Act’’) [set out as a note above], it is hereby ordered as ‘‘(2) on the day a determination of the President follows: under section 203 of such Act [19 U.S.C. 2253] not to SECTION 1. [Superseded by Ex. Ord. No. 12889, § 4(c), take action becomes final; Dec. 27, 1993, 58 F.R. 69681, see 19 U.S.C. 3311 note.] ‘‘(3) in the event of a report of the Commission con- SEC. 2. Establishment of United States Secretariat. Pur- taining a negative finding, on the day the Commis- suant to subsection 405(e) of the FTA Implementation sion’s report is submitted to the President; or Act, a ‘‘United States Secretariat’’ shall be established ‘‘(4) whenever the President determines that be- within the International Trade Administration of the cause of changed circumstances such relief is no Department of Commerce. The Secretariat shall facili- longer warranted. tate: ‘‘(e) For purposes of this section, the term ‘perishable (1) the operation of Chapters 18 and 19 of the Free- product’ means any— Trade Agreement, and Page 463 TITLE 19—CUSTOMS DUTIES § 2113

(2) the work of the binational panels and extraor- comment and information on the scope of the environ- dinary challenge committees convened under those mental review of the agreement; Chapters. (iii) undertaken sufficiently early in the process to SEC. 3. Acceptance by the President of Panel and Com- inform the development of negotiating positions, but mittee Decisions. In accordance with subsection 401(c) of shall not be a condition for the timely tabling of par- the FTA Implementation Act, in the event that the ticular negotiating proposals; provisions of subparagraph 516A(g)(7)(B) of the Tariff (iv) made available in draft form for public comment, Act of 1930, as amended, 19 U.S.C. section 1516a(g)(7)(B), where practicable; and take effect, I accept, as a whole, all decisions of bina- (v) made available to the public in final form. tional panels and extraordinary challenge committees. (b) As a general matter, the focus of environmental SEC. 4. Judicial Review. This Order does not create any reviews will be impacts in the United States. As appro- right or benefit, substantive or procedural, enforceable priate and prudent, reviews may also examine global at law by a party against the United States, its agen- and transboundary impacts. cies, its officers, or any person. SEC. 6. Resources. Upon request by the Trade Rep- SEC. 5. Effective Date. This Order shall take effect resentative, with the concurrence of the Deputy Direc- upon the entry into force of the Free-Trade Agreement. tor for Management of the Office of Management and Budget, Federal agencies shall, to the extent permitted EX. ORD. NO. 13141. ENVIRONMENTAL REVIEW OF TRADE by law and subject to the availability of appropria- AGREEMENTS tions, provide analytical and financial resources and Ex. Ord. No. 13141, Nov. 16, 1999, 64 F.R. 63169, pro- support, including the detail of appropriate personnel, vided: to the Office of the United States Trade Representative By the authority vested in me as President by the to carry out the provisions of this order. Constitution and the laws of the United States of SEC. 7. General Provisions. This order is intended only America, and in order to further the environmental and to improve the internal management of the executive trade policy goals of the United States, it is hereby or- branch and does not create any right, benefit, trust, or dered as follows: responsibility, substantive or procedural, enforceable SECTION 1. Policy. The United States is committed to at law or equity by a party against the United States, a policy of careful assessment and consideration of the its agencies, its officers, or any person. environmental impacts of trade agreements. The WILLIAM J. CLINTON. United States will factor environmental considerations into the development of its trade negotiating objec- DELEGATION OF AUTHORITY UNDER SECTION 103(a) OF tives. Responsible agencies will accomplish these goals UNITED STATES-CANADA FREE-TRADE AGREEMENT IM- through a process of ongoing assessment and evalua- PLEMENTATION ACT OF 1988 tion, and, in certain instances, written environmental Memorandum of President of the United States, Feb. reviews. 11, 1991, 56 F.R. 6789, provided: SEC. 2. Purpose and Need. Trade agreements should Memorandum for the United States Trade Represent- contribute to the broader goal of sustainable develop- ative ment. Environmental reviews are an important tool to By virtue of the authority vested in me as President help identify potential environmental effects of trade by the Constitution and laws of the United States, in- agreements, both positive and negative, and to help fa- cluding section 301 of title 3 of the United States Code, cilitate consideration of appropriate responses to those you are hereby delegated the authority to perform the effects whether in the course of negotiations, through functions necessary to fulfill the consultation and lay- other means, or both. over requirements set forth in section 103(a)(1) through SEC. 3. (a) Implementation. The United States Trade (4) of the United States-Canada Free-Trade Agreement Representative (Trade Representative) and the Chair of Implementation Act of 1988 (‘‘the Act’’) [Pub. L. the Council on Environmental Quality shall oversee the 100–449, set out as a note above], including: implementation of this order, including the develop- (1) obtaining advice from the appropriate advisory ment of procedures pursuant to this order, in consulta- committees and the U.S. International Trade Commis- tion with appropriate foreign policy, environmental, sion on the proposed implementation of an action by and economic agencies. (b) Conduct of Environmental Reviews. The Trade Rep- Presidential proclamation; (2) submitting a report on such action to the House resentative, through the interagency Trade Policy Ways and Means and Senate Finance Committees; and Staff Committee (TPSC), shall conduct the environ- (3) consulting with such committees during the 60- mental reviews of the agreements under section 4 of day period following the date on which the require- this order. ments under (1) and (2) have been met. SEC. 4. Trade Agreements. (a) Certain agreements that the United States may The President retains the sole authority under the negotiate shall require an environmental review. These Act to implement an action by proclamation after the include: consultation and lay-over requirements set forth in (i) comprehensive multilateral trade rounds; section 103(a)(1) through (4) have been met. (ii) bilateral or plurilateral free trade agreements; You are authorized and directed to publish this and memorandum in the Federal Register. (iii) major new trade liberalization agreements in GEORGE BUSH. natural resource sectors. (b) Agreements reached in connection with enforce- § 2113. Overall negotiating objective ment and dispute resolution actions are not covered by this order. The overall United States negotiating objec- (c) For trade agreements not covered under sub- tive under sections 2111 and 2112 of this title sections 4(a) and (b), environmental reviews will gener- shall be to obtain more open and equitable mar- ally not be required. Most sectoral liberalization agree- ket access and the harmonization, reduction, or ments will not require an environmental review. The elimination of devices which distort trade or Trade Representative, through the TPSC, shall deter- commerce. To the maximum extent feasible, the mine whether an environmental review of an agree- harmonization, reduction, or elimination of ag- ment or category of agreements is warranted based on such factors as the significance of reasonably foresee- ricultural trade barriers and distortions shall be able environmental impacts. undertaken in conjunction with the harmoni- SEC. 5. Environmental Reviews. zation, reduction, or elimination of industrial (a) Environmental reviews shall be: trade barriers and distortions. (i) written; (ii) initiated through a Federal Register notice, out- (Pub. L. 93–618, title I, § 103, Jan. 3, 1975, 88 Stat. lining the proposed agreement and soliciting public 1984.) § 2114 TITLE 19—CUSTOMS DUTIES Page 464

§ 2114. Sector negotiating objectives 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as (a) Obtaining equivalent competitive opportuni- amended by Pub. L. 97–456. ties AMENDMENTS A principal United States negotiating objective under sections 2111 and 2112 of this title 1984—Subsec. (c). Pub. L. 98–573 inserted ‘‘or non-Fed- eral governmental’’ after ‘‘private’’. shall be to obtain, to the maximum extent feasible, with respect to appropriate product sec- § 2114a. Negotiating objectives with respect to tors of manufacturing, and with respect to the trade in services, foreign direct investment, agricultural sector, competitive opportunities and high technology products for United States exports to the developed countries of the world equivalent to the competitive (a) Trade in services opportunities afforded in United States markets (1) In general to the importation of like or similar products, Principal United States negotiating objec- taking into account all barriers (including tar- tives under section 2112 of this title shall be— iffs) to and other distortions of international (A) to reduce or to eliminate barriers to, trade affecting that sector. or other distortions of, international trade (b) Conduct of negotiations on basis of appro- in services (particularly United States serv- priate product sectors of manufacturing ice sector trade in foreign markets), includ- As a means of achieving the negotiating objec- ing barriers that deny national treatment tive set forth in subsection (a) of this section, to and restrictions on the establishment and the extent consistent with the objective of operation in such markets; and maximizing overall economic benefit to the (B) to develop internationally agreed United States (through maintaining and enlarg- rules, including dispute settlement proce- ing foreign markets for products of United dures, which— States agriculture, industry, mining, and com- (i) are consistent with the commercial merce, through the development of fair and policies of the United States, and equitable market opportunities, and through (ii) will reduce or eliminate such barriers open and nondiscriminatory world trade), nego- or distortions and help ensure open inter- tiations shall, to the extent feasible be con- national trade in services. ducted on the basis of appropriate product sec- (2) Domestic objectives tors of manufacturing. In pursuing the objectives described in para- (c) Identification of appropriate product sectors graph (1), United States negotiators shall take of manufacturing into account legitimate United States domestic objectives including, but not limited to, For the purposes of this section and section the protection of legitimate health or safety, 2155 of this title, the United States Trade Rep- essential security, environmental, consumer resentative together with the Secretary of Com- or employment opportunity interests and the merce, Agriculture, or Labor, as appropriate, laws and regulations related thereto. shall, after consultation with the Advisory Com- mittee for Trade Negotiations established under (b) Foreign direct investment section 2155 of this title and after consultation (1) In general with interested private or non-Federal govern- Principal United States negotiating objec- mental organizations, identify appropriate prod- tives under section 2112 of this title shall be— uct sectors of manufacturing. (A) to reduce or to eliminate artificial or (d) Presidential analysis of how negotiating ob- trade-distorting barriers to foreign direct in- jectives are achieved in each product sector vestment, to expand the principle of na- by trade agreements tional treatment, and to reduce unreason- If the President determines that competitive able barriers to establishment; and opportunities in one or more product sectors (B) to develop internationally agreed will be significantly affected by a trade agree- rules, including dispute settlement proce- ment concluded under section 2111 or 2112 of this dures, which— title, he shall submit to the Congress with each (i) will help ensure a free flow of foreign such agreement an analysis of the extent to direct investment, and which the negotiating objective set forth in sub- (ii) will reduce or eliminate the trade section (a) of this section is achieved by such distortive effects of certain investment re- agreement in each product sector or product lated measures. sectors. (2) Domestic objectives (Pub. L. 93–618, title I, § 104, Jan. 3, 1975, 88 Stat. In pursuing the objectives described in para- 1984; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, graph (1), United States negotiators shall take 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 98–573, into account legitimate United States domes- title III, § 306(c)(2)(C)(i), Oct. 30, 1984, 98 Stat. tic objectives including, but not limited to, 3012.) the protection of legitimate health or safety, essential security, environmental, consumer CHANGE OF NAME or employment opportunity interests and the ‘‘United States Trade Representative’’ substituted for laws and regulations related thereto. ‘‘Special Representative for Trade Negotiations’’ in (c) High technology products subsec. (c), pursuant to Reorg. Plan No. 3 of 1979, § 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as Principal United States negotiating objectives provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. shall be— Page 465 TITLE 19—CUSTOMS DUTIES § 2114b

(1) to obtain and preserve the maximum (B) restrictions on the use of data process- openness with respect to international trade ing facilities within or outside of such coun- and investment in high technology products try or instrumentality. and related services; (Pub. L. 93–618, title I, § 104A, as added Pub. L. (2) to obtain the elimination or reduction of, 98–573, title III, § 305(a)(1), Oct. 30, 1984, 98 Stat. or compensation for, the significantly distort- 3006.) ing effects of foreign government acts, policies, or practices identified in section 2241 of § 2114b. Provisions relating to international this title, with particular consideration given trade in services to the nature and extent of foreign govern- (1) The Secretary of Commerce shall establish ment intervention affecting United States ex- a service industries development program de- ports of high technology products or invest- signed to— ments in high technology industries, includ- (A) develop, in consultation with other Fed- ing— eral agencies as appropriate, policies regard- (A) foreign industrial policies which dis- ing services that are designed to increase the tort international trade or investment; competitiveness of United States service in- (B) measures which deny national treat- dustries in foreign commerce; ment or otherwise discriminate in favor of (B) develop a data base for assessing the ade- domestic high technology industries; quacy of Government policies and actions per- (C) measures which fail to provide ade- taining to services, including, but not limited quate and effective means for foreign nation- to, data on trade, both aggregate and pertain- als to secure, exercise, and enforce exclusive ing to individual service industries; rights in intellectual property (including (C) collect and analyze, in consultation with trademarks, patents, and copyrights); appropriate agencies, information pertaining (D) measures which impair access to do- to the international operations and competi- mestic markets for key commodity prod- tiveness of United States service industries, ucts; and including information with respect to— (E) measures which facilitate or encourage (i) policies of foreign governments toward anticompetitive market practices or struc- foreign and United States service industries; tures; (ii) Federal, State, and local regulation of (3) to obtain commitments that official pol- both foreign and United States suppliers of icy of foreign countries or instrumentalities services, and the effect of such regulation on will not discourage government or private pro- trade; curement of foreign high technology products (iii) the adequacy of current United States and related services; policies to strengthen the competitiveness of (4) to obtain the reduction or elimination of United States service industries in foreign all tariffs on, and other barriers to, United commerce, including export promotion ac- States exports of high technology products tivities in the service sector; and related services; (iv) tax treatment of services, with par- (5) to obtain commitments to foster national ticular emphasis on the effect of United treatment; States taxation on the international com- (6) to obtain commitments to— petitiveness of United States firms and ex- (A) foster the pursuit of joint scientific co- ports; operation between companies, institutions (v) treatment of services under inter- or governmental entities of the United national agreements of the United States; (vi) antitrust policies as such policies af- States and those of the trading partners of fect the competitiveness of United States the United States in areas of mutual inter- firms; and est through such measures as financial par- (vii) treatment of services in international ticipation and technical and personnel ex- agreements of the United States; changes, and (B) ensure that access by all participants (D) conduct a program of research and to the results of any such cooperative efforts analysis of service-related issues and prob- should not be impaired; and lems, including forecasts and industrial strategies; and (7) to provide effective minimum safeguards (E) conduct sectoral studies of domestic for the acquisition and enforcement of intel- service industries. lectual property rights and the property value of proprietary data. (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of (d) Definition of barriers and other distortions any reporting the Department of Commerce For purposes of subsection (a) of this section, makes under paragraph (3), such collection and the term ‘‘barriers to, or other distortions of, reporting shall distinguish between income from international trade in services’’ includes, but is investment and income from noninvestment not limited to— services. (1) barriers to establishment in foreign mar- (3) On not less than a biennial basis beginning kets, and in 1986, the Secretary shall prepare a report (2) restrictions on the operation of enter- which analyzes the information collected under prises in foreign markets, including— paragraph (1). Such report shall be submitted to (A) direct or indirect restrictions on the the Congress and to the President by not later transfer of information into, or out of, the than the date that is 120 days after the close of country or instrumentality concerned, and the period covered by the report. § 2114c TITLE 19—CUSTOMS DUTIES Page 466

(4) The Secretary of Commerce shall carry out shall provide staff support and other assist- the provisions of this subsection from funds ance for negotiations on service-related issues otherwise made available to him which may be by the United States Trade Representatives 1 used for such purposes. and the domestic implementation of service- (5) For purposes of this section, the term related agreements. ‘‘services’’ means economic activities whose (C) Nothing in this paragraph shall be con- outputs are other than tangible goods. Such strued to alter any existing authority or respon- term includes, but is not limited to, banking, in- sibility with respect to any specific service sec- surance, transportation, postal and delivery tor. services, communications and data processing, (2)(A) 2 The President shall, as he deems appro- retail and wholesale trade, advertising, account- priate— ing, construction, design and engineering, man- (i) consult with State governments on issues agement consulting, real estate, professional of trade policy, including negotiating objec- services, entertainment, education, health care, tives and implementation of trade agreements, and tourism. affecting the regulatory authority of non-Fed- (Pub. L. 98–573, title III, § 306(a), Oct. 30, 1984, 98 eral governments, or their procurement of Stat. 3008; Pub. L. 105–277, div. A, § 101(h) [title goods and services; VI, § 633(c)], Oct. 21, 1998, 112 Stat. 2681–480, (ii) establish one or more intergovernmental 2681–524.) policy advisory committees on trade which CODIFICATION shall serve as a principal forum in which State and local governments may consult with the Section was enacted as part of the International Federal Government with respect to the mat- Trade and Investment Act, and also as part of the ters described in clause (i); and Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. (iii) provide to State and local governments Section is comprised of subsec. (a) of section 306 of and to United States service industries, upon Pub. L. 98–573. Subsec. (b) of such section amended sec- their request, advice, assistance, and (except tions 3101, 3103, and 3104 and a provision set out as a as may be otherwise prohibited by law) data, note under section 3101 of Title 22, Foreign Relations analyses, and information concerning United and Intercourse; subsec. (c)(1), (2)(A) of such section is States policies on international trade in serv- classified to section 2114c of this title; and subsec. ices. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. (Pub. L. 98–573, title III, § 306(c)(1), (2)(A), Oct. 30, AMENDMENTS 1984, 98 Stat. 3010, 3011.) 1998—Par. (5). Pub. L. 105–277, which directed the REFERENCES IN TEXT amendment of par. (5) by inserting ‘‘postal and delivery This Act, referred to in par. (1)(A), is Pub. L. 98–573, services,’’ after ‘‘transportation.’’ in second sentence, Oct. 30, 1984, 98 Stat. 2984, known as the Trade and Tar- was executed by making the insertion after ‘‘transpor- iff Act of 1984. For classification of this Act to the tation,’’ to reflect the probable intent of Congress. Code, see Short Title of 1984 Amendment note set out under section 1654 of this title and Tables. § 2114c. Trade in services: development, coordination, and implementation of Federal poli- CODIFICATION cies; staff support and other assistance; spe- Section was enacted as part of the International cific service sector authorities unaffected; Trade and Investment Act, and also as part of the executive functions Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. (1)(A) The United States Trade Representa- Section is comprised of subsec. (c)(1), (2)(A) of section tive, through the interagency trade organization 306 of Pub. L. 98–573. Subsec. (a) of such section is clas- established pursuant to section 1872(a) of this sified to section 2114(b) of this title; subsec. (b) of such title or any subcommittee thereof, shall, in con- section amended sections 3101, 3103, and 3104 and a pro- formance with this Act and other provisions of vision set out as a note under section 3101 of Title 22, law, develop (and coordinate the implementa- Foreign Relations and Intercourse; and subsec. tion of) United States policies concerning trade (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. in services. (B) In order to encourage effective develop- DEFINITIONS ment, coordination, and implementation of For definition of ‘‘services’’ as used in this section, United States policies on trade in services— see par. (5) of section 2114b of this title. (i) each department or agency of the United States responsible for the regulation of any § 2114d. Foreign export requirements; consulta- service sector industry shall, as appropriate, tions and negotiations for reduction and advise and work with the United States Trade elimination; restrictions on and exclusion Representative concerning matters that have from entry of products or services; savings come to the department’s or agency’s atten- provision; compensation authority applicable tion with respect to— (1) If the United States Trade Representative, (I) the treatment afforded United States with the advice of the committee established by service sector interest in foreign markets; or section 1872 of this title, determines that action (II) allegations of unfair practices by for- by the United States is appropriate to respond eign governments or companies in a service to any export performance requirements of any sector; and foreign country or instrumentality that ad- (ii) the Department of Commerce, together with other appropriate agencies as requested 1 So in original. Probably should be ‘‘Representative’’. by the United States Trade Representative, 2 See Codification note below. Page 467 TITLE 19—CUSTOMS DUTIES § 2117 versely affect the economic interests of the REFERENCES IN TEXT United States, then the United States Trade This section, referred to in text, means section 308 of Representative shall seek to obtain the reduc- Pub. L. 98–573. See Codification note below. tion and elimination of such export performance CODIFICATION requirements through consultations and negotiations with the foreign country or instrumen- Section was enacted as part of the International tality concerned. Trade and Investment Act, and also as part of the (2) In addition to the action referred to in sub- Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. section (1), the United States Trade Representa- Section is comprised of subsec. (a) of section 308 of tive may impose duties or other import restric- Pub. L. 98–573. Subsec. (b) of such section 308 enacted tions on the products or services of such foreign section 2138 of this title. country or instrumentality for such time as he determines appropriate, including the exclusion § 2115. Bilateral trade agreements from entry into the United States of products If the President determines that bilateral subject to such requirements. trade agreements will more effectively promote (3) Nothing in paragraph (2) shall apply to any the economic growth of, and full employment in, products or services with respect to which— the United States, then, in such cases, a nego- (A) any foreign direct investment (including tiating objective under sections 2111 and 2112 of a purchase of land or facilities) has been made this title shall be to enter into bilateral trade directly or indirectly by any United States agreements. Each such trade agreement shall person before October 30, 1984, or provide for mutually advantageous economic (B) any written commitment relating to a benefits. foreign direct investment that is binding on October 30, 1984, has been made directly or in- (Pub. L. 93–618, title I, § 105, Jan. 3, 1975, 88 Stat. directly by any United States person. 1984.) (4) Whenever the international obligations of § 2116. Agreements with developing countries the United States and actions taken under para- A United States negotiating objective under graph (2) make compensation necessary or ap- sections 2111 and 2112 of this title shall be to propriate, compensation may be provided by the enter into trade agreements which promote the United States Trade Representative subject to economic growth of both developing countries the limitations and conditions contained in sec- and the United States and the mutual expansion tion 2133 of this title for providing compensation of market opportunities. for actions taken under section 2253 of this title. (Pub. L. 93–618, title I, § 106, Jan. 3, 1975, 88 Stat. (Pub. L. 98–573, title III, § 307(b), Oct. 30, 1984, 98 1985.) Stat. 3012; Pub. L. 99–514, title XVIII, § 1889(5), Oct. 22, 1986, 100 Stat. 2926.) § 2117. International safeguard procedures

CODIFICATION (a) Harmonization, reduction, or elimination of barriers and distortions affecting inter- Section was enacted as part of the International Trade and Investment Act, and also as part of the national trade; use of temporary measures Trade and Tariff Act of 1984, and not as part of the A principal United States negotiating objec- Trade Act of 1974 which comprises this chapter. tive under section 2112 of this title shall be to Section is comprised of subsec. (b) of section 307 of obtain internationally agreed upon rules and Pub. L. 98–573. Subsec. (a) of such section amended sec- procedures, in the context of the harmonization, tion 2112(g)(3) of this title. reduction, or elimination of barriers to, and AMENDMENTS other distortions of, international trade, which 1986—Par. (3). Pub. L. 99–514 struck out ‘‘or paragraph permit the use of temporary measures to ease (3)’’ after ‘‘paragraph (2)’’. adjustment to changes occurring in competitive conditions in the domestic markets of the par- PLAN AMENDMENTS NOT REQUIRED UNTIL ties to an agreement resulting from such nego- JANUARY 1, 1989 tiations due to the expansion of international For provisions directing that if any amendments trade. made by subtitle A or subtitle C of title XI [§§ 1101–1147 (b) Permissible provisions and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan Any agreement entered into under section 2112 amendment shall not be required to be made before the of this title may include provisions establishing first plan year beginning on or after Jan. 1, 1989, see procedures for— section 1140 of Pub. L. 99–514, as amended, set out as a (1) notification of affected exporting coun- note under section 401 of Title 26, Internal Revenue tries, Code. (2) international consultations, (3) international review of changes in trade § 2114e. Negotiation of agreements concerning flows, high technology industries (4) making adjustments in trade flows as the The President may enter into such bilateral or result of such changes, and multilateral agreements as may be necessary or (5) international mediation. appropriate to achieve the objectives of this sec- Such agreements may also include provisions tion and the negotiating objectives under sec- which— tion 2114a(c) of this title. (A) exclude, under specified conditions, the (Pub. L. 98–573, title III, § 308(a), Oct. 30, 1984, 98 parties thereto from compensation obligations Stat. 3013.) and retaliation, and § 2118 TITLE 19—CUSTOMS DUTIES Page 468

(B) permit domestic public procedures (2) one-half of 1 percent ad valorem. through which interested parties have the (c) Ten-year period for commencement of reduc- right to participate. tions in rates of duty (Pub. L. 93–618, title I, § 107, Jan. 3, 1975, 88 Stat. (1) No reduction in the rate of duty on any ar- 1985.) ticle pursuant to a trade agreement under section 2111 of this title shall take effect more than § 2118. Access to supplies 10 years after the effective date of the first re- (a) Fair and equitable access duction proclaimed to carry out such trade A principal United States negotiating objec- agreement with respect to such article. tive under section 2112 of this title shall be to (2) If any part of a reduction takes effect, then enter into trade agreements with foreign coun- any time thereafter during which any part of tries and instrumentalities to assure the United the reduction is not in effect by reason of legis- States of fair and equitable access at reasonable lation of the United States or action thereunder, prices to supplies of articles of commerce which the effect of which is to maintain or increase are important to the economic requirements of the rate of duty on an article, shall be excluded the United States and for which the United in determining— States does not have, or cannot easily develop, (A) the 1-year intervals referred to in sub- the necessary domestic productive capacity to section (a)(2) of this section, and supply its own requirements. (B) the expiration of the 10-year period re- (b) Continued availability; reciprocal conces- ferred to in paragraph (1) of this subsection. sions; comparable trade obligations (Pub. L. 93–618, title I, § 109, Jan. 3, 1975, 88 Stat. Any agreement entered into under section 2112 1985; Pub. L. 96–39, title XI, § 1106(c)(3), July 26, of this title may include provisions which— 1979, 93 Stat. 312.) (1) assure to the United States the continued AMENDMENTS availability of important articles at reasonable prices, and 1979—Subsec. (c)(2). Pub. L. 96–39 substituted ‘‘any (2) provide reciprocal concessions or com- part of the reduction’’ for ‘‘such part of the reduction’’. parable trade obligations, or both, by the EFFECTIVE DATE OF 1979 AMENDMENT United States. Amendment by Pub. L. 96–39 effective July 26, 1979, (Pub. L. 93–618, title I, § 108, Jan. 3, 1975, 88 Stat. see section 1114 of Pub. L. 96–39, set out as an Effective 1985.) Date note under section 2581 of this title. § 2119. Staging requirements and rounding au- STAGING OF CERTAIN TARIFF REDUCTIONS thority Section 503 of Pub. L. 96–39 provided that: ‘‘(a) IN GENERAL.—The aggregate reduction in the (a) Maximum aggregate reductions in rates of rate of duty applicable to items described in this sub- duty section in effect on any day pursuant to a trade agree- Except as otherwise provided in this section, ment entered into under section 101 of the Trade Act of the aggregate reduction in the rate of duty on 1974 [19 U.S.C. 2111] before January 3, 1980, may exceed any article which is in effect on any day pursu- the limitation in section 109(a) of such Act (19 U.S.C. 2119): ant to a trade agreement under section 2111 of ‘‘(1) Items amended under section 223(d) of this Act this title shall not exceed the aggregate reduc- [items 402.00 to 413.51 of the Tariff Schedules] to the tion which would have been in effect on such extent that they apply to articles which the Presi- day if— dent determines were not imported into the United (1) a reduction of 3 percent ad valorem or a States before January 1, 1978, and were not produced reduction of one-tenth of the total reduction, in the United States before May 1, 1978. whichever is greater, had taken effect on the ‘‘(2)(A) Items to the extent that they apply to arti- effective date of the first reduction proclaimed cles which the President determines are not import sensitive and are the product of a least developed de- pursuant to section 2111(a)(2) of this title to veloping country as defined in the United Nations carry out such agreement with respect to such General Assembly list of ‘‘Least Developed Coun- article, and tries’’ and which are beneficiary developing countries (2) a reduction equal to the amount applica- under section 502 of the Trade Act of 1974 [19 U.S.C. ble under paragraph (1) had taken effect at 1- 2462]. year intervals after the effective date of such ‘‘(B) The President may at any time suspend the first reduction. treatment accorded under subparagraph (A) in which case the aggregate reduction in effect for such prod- This subsection shall not apply in any case ucts shall be the reduction in effect for countries where the total reduction in the rate of duty other than least developed developing countries. does not exceed 10 percent of the rate before the ‘‘(3) Item 628.57. Notwithstanding the first sentence reduction. of this subsection, the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the ex- (b) Simplification of computation tent necessary to permit an aggregate reduction of If the President determines that such action 4.8 percent ad valorem in the rate of duty in effect will simplify the computation of the amount of under such item during the first 1-year period after duty imposed with respect to an article, he may the effective date of the first reduction in the rate of exceed the limitation provided by section 2111(b) duty proclaimed for such item. of this title or subsection (a) of this section by ‘‘(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and 429.47. not more than whichever of the following is less- ‘‘(5) Items 306.31, 306.32, 306.33, and 306.34. Notwith- er: standing subsection (a), the limitation in section (1) the difference between the limitation and 109(a) of the Trade Act of 1974 may be exceeded only the next lower whole number, or to the extent necessary to permit the total reduction Page 469 TITLE 19—CUSTOMS DUTIES § 2132

proclaimed under section 101 of the Trade Act of 1974 (2) to prevent an imminent and significant relating to such item to take effect within 2 years depreciation of the dollar in foreign exchange after the effective date of the first reduction in the markets, or rate of duty proclaimed for such item. (3) to cooperate with other countries in cor- ‘‘(6) Items for which the President determines the effective date of the first reduction will be after June recting an international balance-of-payments 30, 1980, and before January 1, 1981, to the extent nec- disequilibrium, essary to permit the second reduction to take effect the President shall proclaim, for a period not ex- on January 1, 1981. ceeding 150 days (unless such period is extended ‘‘(b) OPPORTUNITY FOR COMMENT.—Before making any determination under subsection (a)(1) and (2), the by Act of Congress)— President shall provide interested parties an oppor- (A) a temporary import surcharge, not to ex- tunity to comment and shall publish his final deter- ceed 15 percent ad valorem, in the form of du- minations in the Federal Register before July 1, 1980.’’ ties (in addition to those already imposed, if any) on articles imported into the United PART 2—OTHER AUTHORITY States; § 2131. Authorization of appropriation for GATT (B) temporary limitations through the use of revision quotas on the importation of articles into the United States; or There are authorized to be appropriated annu- (C) both a temporary import surcharge de- ally such sums as may be necessary for the pay- scribed in subparagraph (A) and temporary ment by the United States of its share of the ex- limitations described in subparagraph (B). penses of the Contracting Parties to the General The authority delegated under subparagraph (B) Agreement on Tariffs and Trade. This authoriza- (and so much of subparagraph (C) as relates to tion does not imply approval or disapproval by subparagraph (B)) may be exercised (i) only if the Congress of all articles of the General Agree- international trade or monetary agreements to ment on Tariffs and Trade. which the United States is a party permit the (Pub. L. 93–618, title I, § 121, Jan. 3, 1975, 88 Stat. imposition of quotas as a balance-of-payments 1986; Pub. L. 96–39, title XI, § 1106(c)(2), July 26, measure, and (ii) only to the extent that the 1979, 93 Stat. 311; Pub. L. 100–418, title I, fundamental imbalance cannot be dealt with ef- § 1107(b)(2), Aug. 23, 1988, 102 Stat. 1135; Pub. L. fectively by a surcharge proclaimed pursuant to 100–647, title IX, § 9001(a)(1), Nov. 10, 1988, 102 subparagraph (A) or (C). Any temporary import Stat. 3806.) surcharge proclaimed pursuant to subparagraph (A) or (C) shall be treated as a regular customs AMENDMENTS duty. 1988—Pub. L. 100–647 substituted ‘‘There are’’ for ‘‘(d) There are’’. (b) Import restrictions not imposed when con- Subsecs. (a) to (c). Pub. L. 100–418 struck out subsec. trary to national interest of United States (a) which provided for bringing existing trade agree- If the President determines that the imposi- ments into conformity with principles promoting open, tion of import restrictions under subsection (a) nondiscriminatory, and fair world economic system, of this section will be contrary to the national subsec. (b) which provided for agreements with foreign countries or instrumentalities, and subsec. (c) which interest of the United States, then he may re- provided for changes in Federal law through legislation frain from proclaiming such restrictions and he implementing trade agreements. shall— 1979—Subsec. (c). Pub. L. 96–39 substituted ‘‘Such (1) immediately inform Congress of his de- trade agreement may be entered into under section 2112 termination, and of this title’’ for ‘‘Such trade agreement may be sub- (2) immediately convene the group of con- mitted to the Congress for approval in accordance with gressional official advisers designated under the procedures of section 2191 of this title’’. section 2211(a) of this title and consult with EFFECTIVE DATE OF 1988 AMENDMENT them as to the reasons for such determination. Amendment by Pub. L. 100–647 applicable as if such (c) Presidential proclamations liberalizing im- amendment took effect on Aug. 23, 1988, see section ports 9001(b) of Pub. L. 100–647, set out as an Effective and Whenever the President determines that fun- Termination Dates of 1988 Amendments note under section 58c of this title. damental international payments problems require special import measures to increase im- EFFECTIVE DATE OF 1979 AMENDMENT ports— Amendment by Pub. L. 96–39 effective July 26, 1979, (1) to deal with large and persistent United see section 1114 of Pub. L. 96–39, set out as an Effective States balance-of-trade surpluses, as deter- Date note under section 2581 of this title. mined on the basis of the cost-insurance- freight value of imports, as reported by the § 2132. Balance-of-payments authority Bureau of the Census, or (a) Presidential proclamations of temporary im- (2) to prevent significant appreciation of the port surcharges and temporary limitations dollar in foreign exchange markets, on imports through quotas in situations of the President is authorized to proclaim, for a pe- fundamental international payments prob- riod of 150 days (unless such period is extended lems by Act of Congress)— Whenever fundamental international pay- (A) a temporary reduction (of not more than ments problems require special import measures 5 percent ad valorem) in the rate of duty on to restrict imports— any article; and (1) to deal with large and serious United (B) a temporary increase in the value or States balance-of-payments deficits. quantity of articles which may be imported § 2133 TITLE 19—CUSTOMS DUTIES Page 470

under any import restriction, or a temporary or goods under binding contract. Neither the au- suspension of any import restriction. thorization of import restricting actions nor the Import liberalizing actions proclaimed pursuant determination of exceptions with respect to to this subsection shall be of broad and uniform product coverage shall be made for the purpose application with respect to product coverage ex- of protecting individual domestic industries cept that the President shall not proclaim meas- from import competition. ures under this subsection with respect to those (f) Quantitative limitations articles where in his judgment such action will Any quantitative limitation proclaimed pursu- cause or contribute to material injury to firms ant to subparagraph (B) or (C) of subsection (a) or workers in any domestic industry, including of this section on the quantity or value, or both, agriculture, mining, fishing, or commerce, or to of an article— impairment of the national security, or will (1) shall permit the importation of a quan- otherwise be contrary to the national interest. tity or value which is not less than the quan- (d) Nondiscriminatory treatment of import re- tity or value of such article imported into the stricting actions United States from the foreign countries to which such limitation applies during the most (1) Import restricting actions proclaimed pur- recent period which the President determines suant to subsection (a) of this section shall be is representative of imports of such article, applied consistently with the principle of non- and discriminatory treatment. In addition, any (2) shall take into account any increase quota proclaimed pursuant to subparagraph (B) since the end of such representative period in of subsection (a) of this section shall be applied domestic consumption of such article and like on a basis which aims at a distribution of trade or similar articles of domestic manufacture or with the United States approaching as closely as production. possible that which various foreign countries (g) Suspension, modification, or termination of might have expected to obtain in the absence of proclamations such restrictions. (2) Notwithstanding paragraph (1), if the Presi- The President may at any time, consistent dent determines that the purposes of this sec- with the provisions of this section, suspend, tion will best be served by action against one or modify, or terminate, in whole or in part, any more countries having large or persistent bal- proclamation under this section either during ance-of-payments surpluses, he may exempt all the initial 150-day period of effectiveness or as other countries from such action. extended by subsequent Act of Congress. (3) After such time when there enters into (h) Termination of tariff concessions force for the United States new rules regarding No provision of law authorizing the termi- the application of surcharges as part of a reform nation of tariff concessions shall be used to im- of internationally agreed balance-of-payments pose a surcharge on imports into the United adjustment procedures, the exemption authority States. contained in paragraph (2) shall be applied consistently with such new international rules. (Pub. L. 93–618, title I, § 122, Jan. 3, 1975, 88 Stat. (4) It is the sense of Congress that the Presi- 1987.) dent seek modifications in international agree- § 2133. Compensation authority ments aimed at allowing the use of surcharges in place of quantitative restrictions (and provid- (a) New concessions ing rules to govern the use of such surcharges) Whenever— as a balance-of-payments adjustment measure (1) any action taken under part 1 of sub- within the context of arrangements for an equi- chapter II of this chapter or subchapter III of table sharing of balance-of-payments adjust- this chapter, or under part 2 of subchapter IV ment responsibility among deficit and surplus of this chapter; or countries. (2) any judicial or administrative tariff re- classification that becomes final after August (e) Broad and uniform application of import re- 23, 1988; stricting actions Import restricting actions proclaimed pursu- increases or imposes any duty or other import ant to subsection (a) of this section shall be of restriction, the President— broad and uniform application with respect to (A) may enter into trade agreements with product coverage except where the President de- foreign countries or instrumentalities for the termines, consistently with the purposes of this purpose of granting new concessions as com- section, that certain articles should not be sub- pensation in order to maintain the general ject to import restricting actions because of the level of reciprocal and mutually advantageous needs of the United States economy. Such ex- concessions; and ceptions shall be limited to the unavailability of (B) may proclaim such modification or con- domestic supply at reasonable prices, the nec- tinuance of any existing duty, or such con- essary importation of raw materials, avoiding tinuance of existing duty-free or excise treat- serious dislocations in the supply of imported ment, as he determines to be required or ap- goods, and other similar factors. In addition, propriate to carry out any such agreement. uniform exceptions may be made where import (b) Reductions in rates of duty restricting actions will be unnecessary or inef- (1) No proclamation shall be made pursuant to fective in carrying out the purposes of this sec- subsection (a) of this section decreasing any tion, such as with respect to articles already rate of duty to a rate which is less than 70 per- subject to import restrictions, goods in transit, cent of the existing rate of duty. Page 471 TITLE 19—CUSTOMS DUTIES § 2134

(2) Where the rate of duty in effect at any time granting new concessions as compensation in order to is an intermediate stage under section 2902(a) of maintain the general level of reciprocal and mutually this title, the proclamation made pursuant to advantageous concessions; and subsection (a) of this section may provide for ‘‘(2) may proclaim such modification or continuance of any existing duty, or such continuance of ex- the reduction of each rate of duty at each such isting duty-free or excise treatment, as he determines stage proclaimed under such section 2902(a) of to be required or appropriate to carry out any such this title by not more than 30 percent of such agreement.’’ rate of duty, and may provide for a final rate of Subsec. (b)(2). Pub. L. 100–418, § 1104(2), substituted duty which is not less than 70 percent of the rate ‘‘section 2902(a)’’ for ‘‘section 2119’’ and ‘‘such section of duty proclaimed as the final stage under such 2902(a)’’ for ‘‘section 2111’’ in two places. section 2902(a) of this title. Subsec. (b)(4). Pub. L. 100–418, § 1401(b)(1)(A), sub- (3) If the President determines that such ac- stituted ‘‘action under sections 2253(e) and 2254 of this title’’ for ‘‘import relief under section 2253(h) of this tion will simplify the computation of the title’’. amount of duty imposed with respect to an arti- Subsec. (d). Pub. L. 100–418, § 1104(3), substituted ‘‘sec- cle, he may exceed the limitations provided by tion 2902’’ for ‘‘section 2111’’. paragraphs (1) and (2) of this subsection by not Subsec. (e). Pub. L. 100–418, § 1104(4), added subsec. (e). more than the lesser of— EFFECTIVE DATE OF 1988 AMENDMENT (A) the difference between such limitation and the next lower whole number, or Amendment by section 1401(b)(1)(A) of Pub. L. 100–418 (B) one-half of 1 percent ad valorem. effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of (4) Any concessions granted under subsection subchapter III of this chapter on or after that date, see (a)(1) of this section shall be reduced and termi- section 1401(c) of Pub. L. 100–418, set out as a note under nated according to substantially the same time section 2251 of this title. schedule for reduction applicable to the relevant § 2134. Two-year residual authority to negotiate action under sections 2253(e) and 2254 of this duties title. (a) Trade agreements (c) Consideration of past violations of trade concessions Whenever the President determines that any existing duties or other import restrictions of Before entering into any trade agreement any foreign country or the United States are un- under this section with any foreign country or duly burdening and restricting the foreign trade instrumentality, the President shall consider of the United States and that the purposes of whether such country or instrumentality has this chapter will be promoted thereby, the violated trade concessions of benefit to the President— United States and such violation has not been (1) may enter into trade agreements with adequately offset by the action of the United foreign countries or instrumentalities thereof, States or by such country or instrumentality. and (d) Basic authority for trade agreements as au- (2) may proclaim such modification or con- thority for granting new concessions as com- tinuance of any existing duty, such continu- pensation ance of existing duty-free or excise treatment, Notwithstanding the provisions of subsection or such additional duties, as he determines to (a) of this section, the authority delegated under be required or appropriate to carry out any section 2902 of this title shall be used for the such trade agreement. purpose of granting new concessions as com- (b) Maximum volume of imported articles subject pensation within the meaning of this section to reduction of duties or continuance of until such authority terminates. duty-free or excise treatment (e) International obligations determination pre- Agreements entered into under this section in requisite to application of authority any 1-year period shall not provide for the re- The provisions of this section shall apply by duction of duties, or the continuance of duty- reason of action taken under subchapter III of free or excise treatment, for articles which ac- this chapter only if the President determines count for more than 2 percent of the value of that action authorized under this section is nec- United States imports for the most recent 12- essary or appropriate to meet the international month period for which import statistics are obligations of the United States. available. (c) Maximum reduction in duties (Pub. L. 93–618, title I, § 123, Jan. 3, 1975, 88 Stat. 1989; Pub. L. 100–418, title I, §§ 1104, 1401(b)(1)(A), (1) No proclamation shall be made pursuant to Aug. 23, 1988, 102 Stat. 1132, 1239; Pub. L. 106–286, subsection (a) of this section decreasing any div. A, title I, § 104, Oct. 10, 2000, 114 Stat. 891.) rate of duty to a rate which is less than 80 percent of the existing rate of duty. AMENDMENTS (2) No proclamation shall be made pursuant to 2000—Subsec. (a)(1). Pub. L. 106–286 inserted ‘‘, or subsection (a) of this section decreasing or in- under part 2 of subchapter IV of this chapter’’ after creasing any rate of duty to a rate which is ‘‘subchapter III of this chapter’’. lower or higher than the corresponding rate 1988—Subsec. (a). Pub. L. 100–418, § 1104(1), amended which would have resulted if the maximum au- subsec. (a) generally. Prior to amendment, subsec. (a) thority granted by section 2111 of this title with read as follows: ‘‘Whenever any action has been taken under section 2253 of this title to increase or impose respect to such article had been exercised. any duty or other import restriction, the President— (3) Where the rate of duty in effect at any time ‘‘(1) may enter into trade agreements with foreign is an intermediate stage under section 2119 of countries or instrumentalities for the purpose of this title, the proclamation made pursuant to § 2135 TITLE 19—CUSTOMS DUTIES Page 472 subsection (a) of this section may provide for as he deems necessary or appropriate, in order the reduction of each rate of duty at each such to exercise the rights or fulfill the obligations of stage proclaimed under section 2111 of this title the United States. No proclamation shall be by not more than 20 percent of such rate of duty, made under this subsection increasing any exist- and, subject to the limitation in paragraph (2), ing duty to a rate more than 50 percent above may provide for a final rate of duty which is not the rate set forth in rate column numbered 2 of less than 80 percent of the rate of duty pro- the Tariff Schedules of the United States, as in claimed as the final stage under section 2111 of effect on January 1, 1975, or 20 percent ad valo- this title. rem above the rate existing on January 1, 1975, (4) If the President determines that such ac- whichever is higher. tion will simplify the computation of the (d) Retaliatory authority amount of duty imposed with respect to an arti- Whenever any foreign country or instrumen- cle, he may exceed the limitations provided by tality withdraws, suspends, or modifies the ap- paragraphs (1) and (2) of this subsection by not plication of trade agreement obligations of ben- more than the lesser of— efit to the United States without granting ade- (A) the difference between such limitation quate compensation therefor, the President, in and the next lower whole number, or pursuance of rights granted to the United States (B) one-half of 1 percent ad valorem. under any trade agreement and to the extent (d) Two-year period of authority necessary to protect United States economic in- Agreements may be entered into under this terests (including United States balance of pay- section only during the 2-year period which im- ments), may— mediately follows the close of the period during (1) withdraw, suspend, or modify the applica- which agreements may be entered into under tion of substantially equivalent trade agree- section 2111 of this title. ment obligations of benefit to such foreign country or instrumentality, and (Pub. L. 93–618, title I, § 124, Jan. 3, 1975, 88 Stat. (2) proclaim under subsection (c) of this sec- 1990.) tion such increased duties or other import restrictions as are appropriate to effect ade- REFERENCES IN TEXT quate compensation from such foreign country This chapter, referred to in subsec. (a), was in the or instrumentality. original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified prin- (e) Continuation of duties or other import re- cipally to this chapter. For complete classification of strictions after termination of or withdrawal this Act to the Code, see References in Text note set from agreements out under section 2101 of this title and Tables. Duties or other import restrictions required or appropriate to carry out any trade agreement § 2135. Termination and withdrawal authority entered into pursuant to this chapter, section (a) Grant of authority for termination or with- 1821 of this title, or section 1351 of this title drawal at end of period specified in agree- shall not be affected by any termination, in ment whole or in part, of such agreement or by the Every trade agreement entered into under this withdrawal of the United States from such chapter shall be subject to termination, in agreement and shall remain in effect after the whole or in part, or withdrawal, upon due no- date of such termination or withdrawal for 1 tice, at the end of a period specified in the year, unless the President by proclamation pro- agreement. Such period shall be not more than vides that such rates shall be restored to the 3 years from the date on which the agreement level at which they would be but for the agree- becomes effective. If the agreement is not termi- ment. Within 60 days after the date of any such nated or withdrawn from at the end of the pe- termination or withdrawal, the President shall riod so specified, it shall be subject to termi- transmit to the Congress his recommendations nation or withdrawal thereafter upon not more as to the appropriate rates of duty for all arti- than 6 months’ notice. cles which were affected by the termination or (b) Authority to terminate proclamations at any withdrawal or would have been so affected but time for the preceding sentence. (f) Public hearings The President may at any time terminate, in whole or in part, any proclamation made under Before taking any action pursuant to sub- this chapter. section (b), (c), or (d) of this section, the Presi- dent shall provide for a public hearing during (c) Increased duties or other import restrictions the course of which interested persons shall be following withdrawal, suspension, or modi- given a reasonable opportunity to be present, to fication of obligations with respect to trade produce evidence, and to be heard, unless he de- of foreign countries or instrumentalities termines that such prior hearings will be con- Whenever the United States, acting in pursu- trary to the national interest because of the ance of any of its rights or obligations under need for expeditious action, in which case he any trade agreement entered into pursuant to shall provide for a public hearing promptly after this chapter, section 1821 of this title, or section such action. 1351 of this title, withdraws, suspends, or modi- (Pub. L. 93–618, title I, § 125, Jan. 3, 1975, 88 Stat. fies any obligation with respect to the trade of 1991.) any foreign country or instrumentality thereof, the President is authorized to proclaim in- REFERENCES IN TEXT creased duties or other import restrictions, to This chapter, referred to in subsecs. (b), (c), (e), was the extent, at such times, and for such periods in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. Page 473 TITLE 19—CUSTOMS DUTIES § 2137

3, 1975, 88 Stat. 1978, as amended, which is classified [this subchapter], the President shall withdraw, sus- principally to this chapter. For complete classification pend, or modify the application of substantially equiva- of this Act to the Code, see References in Text note set lent trade agreement obligations of benefit to such for- out under section 2101 of this title and Tables. eign country or instrumentality under section 125 of The Tariff Schedules of the United States, referred to the Trade Act of 1974 (19 U.S.C. 2135). in subsec. (c), to be treated as a reference to the Har- ‘‘(c) FURTHER NEGOTIATIONS TO REMOVE BARRIERS.— monized Tariff Schedule pursuant to section 3012 of this If, as the result of his review under subsection (a), the title. The Harmonized Tariff Schedule is not set out in President determines that foreign tariff or nontariff the Code. See Publication of Harmonized Tariff Sched- barriers are unduly burdening or restricting the United ule note set out under section 1202 of this title. States exports of alcoholic beverages, he shall enter into negotiations under the Trade Act of 1974 [this AUTHORITY TO INCREASE DUTIES ON IMPORTS OF chapter] to eliminate or reduce such barriers.’’ CERTAIN TOBACCO AND TOBACCO PRODUCTS Pub. L. 103–465, title IV, § 421, Dec. 8, 1994, 108 Stat. § 2136. Reciprocal nondiscriminatory treatment 4964, provided that: (a) Direct and indirect imports ‘‘(a) IN GENERAL.—In the application of section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) with respect to Except as otherwise provided in this chapter any item provided for in subheadings 2401.10.60, or in any other provision of law, any duty or 2401.20.30, 2401.20.80, 2401.30.30, 2401.30.60, 2401.30.90, other import restriction or duty-free treatment 2403.10.00, 2403.91.40, or 2403.99.00 of the HTS, ‘350’ shall proclaimed in carrying out any trade agreement be substituted for ‘20’ where it appears in such section. under this subchapter shall apply to products of ‘‘(b) EFFECTIVE DATE.—This section shall take effect all foreign countries, whether imported directly on the date of the enactment of this Act [Dec. 8, 1994].’’ or indirectly. TARIFF REDUCTIONS UNDER TRADE AGREEMENTS ACT (b) Presidential determination of whether major OF 1979 industrial countries have made substantially Pub. L. 96–39, title V, § 502(b), July 26, 1979, 93 Stat. equivalent concessions to the United States 251, provided that: ‘‘For purposes of section 125 (19 U.S.C. 2135) of the Trade Act of 1974 the amendments The President shall determine, after the con- made under sections 508, 511, 512, and 513 [amending clusion of all negotiations entered into under items 135.41, 135.42, 750.26, 750.27, 750.28, 870.45, 905.10, this chapter or at the end of the 5-year period and 905.11 of the Tariff Schedules of the United States. beginning on January 3, 1975, whichever is ear- See Publication of Tariff Schedules note under section lier, whether any major industrial country has 1202 of this title] not including the rates of duty ap- failed to make concessions under trade agree- pearing in rate column numbered 2, if any, shall be con- ments entered into under this chapter which sidered to be trade agreement obligations entered into provide competitive opportunities for the com- under the Trade Act of 1974 [this chapter], of benefit to foreign countries or instrumentalities.’’ merce of the United States in such country sub- Pub. L. 96–39, title VI, § 601(b), July 26, 1979, 93 Stat. stantially equivalent to the competitive oppor- 268, provided that: ‘‘For purposes of section 125 of the tunities, provided by concessions made by the Trade Act of 1974 [this section], the amendments made United States under trade agreements entered under subsection (a), if any [amending the Tariff into under this chapter, for the commerce of Schedules of the United States with regard to civil air- such country in the United States. craft (see Publication of Tariff Schedules note under section 1202), and, amending section 1466 of this title], (c) Major industrial countries shall be considered to be trade agreement obligations For purposes of this section, ‘‘major industrial entered into under the Trade Act of 1974 [this chapter] country’’ means Canada, the European Eco- of benefit to foreign countries or instrumentalities.’’ nomic Community, the individual member coun- Rates of duty proclaimed under section 855(a) of Pub. tries of such Community, Japan, and any other L. 96–39 (covering spirits, spiritous beverages, and bev- erage preparations) to be deemed, for purposes of this foreign country designated by the President for section, a trade agreement obligation which is of bene- purposes of this subsection. fit to a foreign country or instrumentality, and, in the (Pub. L. 93–618, title I, § 126, Jan. 3, 1975, 88 Stat. case of any item affected by such a proclamation, the 1992; Pub. L. 105–362, title XIV, § 1401(b)(1), Nov. last sentence of subsec. (c) of this section to be applied as if it authorized (in addition to any increase author- 10, 1998, 112 Stat. 3294.) ized therein) an increase up to the rate of duty for such REFERENCES IN TEXT item set forth in rate column numbered 1 of subpart D of part 12 of schedule 1 of the Tariff Schedules of the This chapter, referred to in subsecs. (a) and (b), was United States (see Publication of Tariff Schedules note in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. under section 1202 of this title) as amended by section 3, 1975, 88 Stat. 1978, as amended, which is classified 852 of Pub. L. 96–39, see section 855(b) of Pub. L. 96–39. principally to this chapter. For complete classification of this Act to the Code, see References in Text note set REVIEW OF INTERNATIONAL TRADE IN ALCOHOLIC out under section 2101 of this title and Tables. BEVERAGES AMENDMENTS Pub. L. 96–39, title VIII, § 854, July 26, 1979, 93 Stat. 294, provided that: 1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated ‘‘(a) REVIEW.—The President shall review foreign tar- subsec. (d) as (c) and struck out former subsec. (c) iff and nontariff barriers affecting United States ex- which related to recommendations to Congress for leg- ports of alcoholic beverages. Not later than January 1, islation following a Presidential determination that a 1982, the President shall report to the Congress the re- major industrial country failed to grant equivalent sults of his review. concessions. ‘‘(b) WITHDRAWAL OF CONCESSIONS.—If, as the result of his review under subsection (a), the President deter- § 2137. Reservation of articles for national secu- mines that a foreign country or instrumentality has rity or other reasons not implemented concessions to the United States af- (a) National security considerations fecting alcoholic beverages which were negotiated in trade agreements entered into before January 3, 1980, No proclamation shall be made pursuant to under the authority of title I of the Trade Act of 1974 the provisions of this chapter reducing or elimi- § 2138 TITLE 19—CUSTOMS DUTIES Page 474 nating the duty or other import restriction on with lists of articles which may be considered any article if the President determines that for modification or continuance of United States such reduction or elimination would threaten to duties, continuance of United States duty-free impair the national security. or excise treatment, or additional duties. In the (b) Action taken under other laws case of any article with respect to which consideration may be given to reducing or increasing While there is in effect with respect to any ar- the rate of duty, the list shall specify the provi- ticle any action taken under section 2253 of this sion of this subchapter under which such consid- title, or section 1862 or 1981 of this title, the eration may be given. President shall reserve such article from nego- (2) In connection with any proposed trade tiations under this subchapter (and from any ac- agreement under section 3803(b) of this title, the tion under section 2132(c) of this title) con- President may from time to time publish and templating reduction or elimination of— furnish the Commission with lists of nontariff (A) any duty on such article, matters which may be considered for modifica- (B) any import restriction imposed under tion. such section, or (C) any other import restriction, the re- (b) Advice to President by Commission moval of which will be likely to undermine the Within 6 months after receipt of a list under effect of the import restrictions referred to in subsection (a) of this section or, in the case of a subparagraph (B). list submitted in connection with a trade agreement, within 90 days after receipt of such list, In addition, the President shall also so reserve the Commission shall advise the President, with any other article which he determines to be ap- respect to each article or nontariff matter, of its propriate, taking into consideration information judgment as to the probable economic effect of and advice available pursuant to and with re- modification of the tariff or nontariff measure spect to the matters covered by sections 2151, on industries producing like or directly competi- 2152, and 2153 of this title, where applicable. tive articles and on consumers, so as to assist (Pub. L. 93–618, title I, § 127(a), (b), Jan. 3, 1975, 88 the President in making an informed judgment Stat. 1993.) as to the impact which might be caused by such modifications on United States interests, such REFERENCES IN TEXT as sectors involved in manufacturing, agri- This chapter, referred to in subsec. (a), was in the culture, mining, fishing, services, intellectual original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, property, investment, labor, and consumers. 1975, 88 Stat. 1978, as amended, which is classified prin- Such advice may include in the case of any arti- cipally to this chapter. For complete classification of this Act to the Code, see References in Text note set cle the advice of the Commission as to whether out under section 2101 of this title and Tables. any reduction in the rate of duty should take place over a longer period of time than the mini- CODIFICATION mum period provided for in section 3803(a)(3)(A) Section is comprised of subsecs. (a) and (b) of section of this title. 127 of act Jan. 3, 1975. Subsec. (c) of such section was (c) Additional investigations and reports re- classified to section 1863 of this title, prior to its repeal quested by President or Trade Representa- by Pub. L. 100–418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and subsec. (d) amended section 1862 of this tive title. In addition, in order to assist the President in his determination whether to enter into any § 2138. Omitted agreement under section 2133 of this title or sec- CODIFICATION tion 3803 of this title, or how to develop trade policy, priorities or other matters (such as pri- Section, Pub. L. 93–618, title I, § 128, as added Pub. L. 98–573, title III, § 308(b)(1), Oct. 30, 1984, 98 Stat. 3013; orities for actions to improve opportunities in amended Pub. L. 99–514, title XVIII, § 1887(b)(1), Oct. 22, foreign markets), the Commission shall make 1986, 100 Stat. 2924; Pub. L. 100–418, title I, §§ 1214(j)(1), such investigations and reports as may be re- 1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100–647, quested by the President or the United States title IX, § 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related Trade Representative on matters such as effects to modification and continuance of treatment with re- of modification of any barrier to (or other dis- spect to duties on high technology products, was omit- tortion of) international trade on domestic ted pursuant to subsec. (c) which provided that the workers, industries or sectors, purchasers, prices President could exercise authority under this section only during the 5-year period beginning on Oct. 30, 1984. and quantities of articles in the United States. (d) Commission steps in preparing its advice to PART 3—HEARINGS AND ADVICE CONCERNING President NEGOTIATIONS In preparing its advice to the President under § 2151. Advice from International Trade Commis- this section, the Commission shall to the extent sion practicable— (1) investigate conditions, causes, and effects (a) Lists of articles which may be considered for relating to competition between the foreign action industries producing the articles or services in (1) In connection with any proposed trade question and the domestic industries produc- agreement under section 2133 of this title or sec- ing the like or directly competitive articles or tion 3803(a) or (b) of this title, the President services; shall from time to time publish and furnish the (2) analyze the production, trade, and con- International Trade Commission (hereafter in sumption of each like or directly competitive this section referred to as the ‘‘Commission’’) article or service, taking into consideration Page 475 TITLE 19—CUSTOMS DUTIES § 2153

employment, profit levels, and use of produc- the Departments of Agriculture, Commerce, De- tive facilities with respect to the domestic in- fense, Interior, Labor, State and the Treasury, dustries concerned, and such other economic from the United States Trade Representative, factors in such industries as it considers rel- and from such other sources as he may deem ap- evant, including prices, wages, sales, inven- propriate. Such advice shall be prepared and pre- tories, patterns of demand, capital invest- sented consistent with the provisions of Reorga- ment, obsolescence of equipment, and diver- nization Plan Number 3 of 1979, Executive Order sification of production; Number 12188 and section 2171(c) of this title. (3) describe the probable nature and extent (Pub. L. 93–618, title I, § 132, Jan. 3, 1975, 88 Stat. of any significant change in employment, prof- 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, it levels, and use of productive facilities; the 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title overall impact of such or other possible XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020.) changes on the competitiveness of relevant domestic industries or sectors; and such other REFERENCES IN TEXT conditions as it deems relevant in the domes- Reorganization Plan Number 3 of 1979, referred to in tic industries or sectors concerned which it be- text, is set out as a note under section 2171 of this title. lieves such modifications would cause; and Executive Order Number 12188, referred to in text, is (4) make special studies (including studies of set out as a note under section 2171 of this title. real wages paid in foreign supplying countries), whenever deemed to be warranted, of AMENDMENTS particular proposed modifications affecting 2002—Pub. L. 107–210 substituted ‘‘section 3803 of this United States manufacturing, agriculture, title,’’ for ‘‘section 2902 of this title,’’. mining, fishing, labor, consumers, services, in- 1988—Pub. L. 100–418 amended section generally. Prior tellectual property and investment, using to to amendment, section read as follows: ‘‘Before any trade agreement is entered into under part 1 of this the fullest extent practicable United States subchapter or section 2133 or 2134 of this title, the Government facilities abroad and appropriate President shall seek information and advice with re- personnel of the United States. spect to such agreement from the Departments of Agri- (e) Public hearings culture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Represent- In preparing its advice to the President under ative, and from such other sources as he may deem ap- this section, the Commission shall, after reason- propriate.’’ able notice, hold public hearings. DELEGATION OF AUTHORITY (Pub. L. 93–618, title I, § 131, Jan. 3, 1975, 88 Stat. 1994; Pub. L. 100–418, title I, § 1111(a), Aug. 23, For delegation of functions of President under div. B 1988, 102 Stat. 1135; Pub. L. 107–210, div. B, title 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 XXI, § 2110(a)(2), Aug. 6, 2002, 116 Stat. 1019.) as a note under section 3801 of this title. AMENDMENTS § 2153. Public hearings 2002—Subsec. (a)(1). Pub. L. 107–210, § 2110(a)(2)(A)(i), substituted ‘‘section 2133 of this title or section 3803(a) (a) Opportunity for presentation of views or (b) of this title,’’ for ‘‘section 2133 of this title or section 2902(a) or (c) of this title,’’. In connection with any proposed trade agree- Subsec. (a)(2). Pub. L. 107–210, § 2110(a)(2)(A)(ii), sub- ment under section 2133 of this title or section stituted ‘‘section 3803(b) of this title’’ for ‘‘section 3803 of this title, the President shall afford an 2902(b) or (c) of this title’’. opportunity for any interested person to present Subsec. (b). Pub. L. 107–210, § 2110(a)(2)(B), substituted his views concerning any article on a list pub- ‘‘section 3803(a)(3)(A) of this title’’ for ‘‘section lished under section 2151 of this title, any mat- 2902(a)(3)(A) of this title’’. ter or article which should be so listed, any con- Subsec. (c). Pub. L. 107–210, § 2110(a)(2)(C), substituted ‘‘section 3803 of this title,’’ for ‘‘section 2902 of this cession which should be sought by the United title,’’. States, or any other matter relevant to such 1988—Pub. L. 100–418 amended section generally, sub- proposed trade agreement. For this purpose, the stituting present provisions for provisions which relat- President shall designate an agency or an inter- ed to: in subsec. (a), lists of articles which could be con- agency committee which shall, after reasonable sidered for modification or continuance of duties, duty- notice, hold public hearings and prescribe regu- free or excise treatment, or additional duties; in sub- lations governing the conduct of such hearings. sec. (b), advice to President following receipt of list by When appropriate, such procedures shall apply Commission; in subsec. (c), additional investigations and reports requested by President; in subsec. (d), Com- to the development of trade policy and prior- mission steps in preparing its advice to President; and ities. in subsec. (e), public hearings. (b) Summary of hearings DELEGATION OF AUTHORITY The organization holding such hearing shall For delegation of functions of President under div. B furnish the President with a summary thereof. of Pub. L. 107–210, amending this section, see section 1 (Pub. L. 93–618, title I, § 133, Jan. 3, 1975, 88 Stat. of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, as a note under section 3801 of this title. 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title § 2152. Advice from executive departments and XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020.) other sources AMENDMENTS Before any trade agreement is entered into 2002—Subsec. (a). Pub. L. 107–210 substituted ‘‘section under section 2133 of this title or section 3803 of 3803 of this title,’’ for ‘‘section 2902 of this title,’’. this title, the President shall seek information 1988—Pub. L. 100–418 amended section generally. Prior and advice with respect to such agreement from to amendment, section read as follows: § 2154 TITLE 19—CUSTOMS DUTIES Page 476

‘‘(a) In connection with any proposed trade agree- AMENDMENTS ment under part 1 of this subchapter or section 2133 or 2002—Subsec. (a). Pub. L. 107–210, § 2110(a)(3), sub- 2134 of this title, the President shall afford an oppor- stituted ‘‘section 3803 of this title,’’ for ‘‘section 2902 of tunity for any interested person to present his views this title,’’. concerning any article on a list published pursuant to Subsec. (b). Pub. L. 107–210, § 2110(a)(4), substituted section 2151 of this title, any article which should be so ‘‘section 3803 of this title’’ for ‘‘section 2902 of this listed, any concession which should be sought by the title’’ in introductory provisions. United States, or any other matter relevant to such 1988—Pub. L. 100–418 amended section generally. Prior proposed trade agreement. For this purpose, the Presi- to amendment, section read as follows: ‘‘In any nego- dent shall designate an agency or an interagency com- tiations seeking an agreement under part 1 of this sub- mittee which shall, after reasonable notice, hold public chapter or section 2133 or 2134 of this title, the Presi- hearings and prescribe regulations governing the con- dent may make an offer for the modification or conduct of such hearings. tinuance of any United States duty, import restric- ‘‘(b) The organization holding such hearings shall fur- tions, or barriers to (or other distortions of) inter- nish the President with a summary thereof.’’ national trade, the continuance of United States duty- free or excise treatment, or the imposition of addi- DELEGATION OF AUTHORITY tional duties, import restriction, or other barrier to (or For delegation of functions of President under div. B other distortion of) international trade, with respect to of Pub. L. 107–210, amending this section, see section 1 any article only after he has received a summary of the of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out hearings at which an opportunity to be heard with re- as a note under section 3801 of this title. spect to such article has been afforded under section 2153 of this title. In addition, the President may make § 2154. Prerequisites for offers an offer for the modification or continuance of any United States duty, the continuance of United States (a) In any negotiation seeking an agreement duty-free or excise treatment, or the imposition of ad- under section 2133 of this title or section 3803 of ditional duties, with respect to any article included in this title, the President may make a formal a list published and furnished under section 2151(a) of offer for the modification or continuance of any this title, only after he has received advice concerning such article from the International Trade Commission United States duty, import restrictions, or bar- under section 2151(b) of this title, or after the expira- riers to (or other distortions of) international tion of the 6-month or 90-day period provided for in trade, the continuance of United States duty- that section, as appropriate, whichever first occurs.’’ free or excise treatment, or the imposition of DELEGATION OF AUTHORITY additional duties, import restrictions, or other barrier to (or other distortion of) international For delegation of functions of President under div. B trade including trade in services, foreign direct of Pub. L. 107–210, amending this section, see section 1 investment and intellectual property as covered of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. by this subchapter, with respect to any article or matter only after he has received a summary § 2155. Information and advice from private and of the hearings at which an opportunity to be public sectors heard with respect to such article has been af- (a) In general forded under section 2153 of this title. In addition, the President may make an offer for the (1) The President shall seek information and modification or continuance of any United advice from representative elements of the pri- States duty, the continuance of United States vate sector and the non-Federal governmental duty-free or excise treatment, or the imposition sector with respect to— of additional duties, with respect to any article (A) negotiating objectives and bargaining included in a list published and furnished under positions before entering into a trade agree- section 2151(a) of this title, only after he has re- ment under this subchapter or section 3803 of ceived advice concerning such article from the this title; Commission under section 2151(b) of this title, or (B) the operation of any trade agreement after the expiration of the 6-month or 90-day pe- once entered into, including preparation for riod provided for in that section, as appropriate, dispute settlement panel proceedings to which whichever first occurs. the United States is a party; and (b) In determining whether to make offers de- (C) other matters arising in connection with scribed in subsection (a) of this section in the the development, implementation, and admin- course of negotiating any trade agreement istration of the trade policy of the United under section 3803 of this title, and in determin- States, including those matters referred to in ing the nature and scope of such offers, the Reorganization Plan Number 3 of 1979 and Ex- President shall take into account any advice or ecutive Order Numbered 12188, and the prior- information provided, or reports submitted, by— ities for actions thereunder. (1) the Commission; To the maximum extent feasible, such informa- (2) any advisory committee established tion and advice on negotiating objectives shall under section 2155 of this title; or be sought and considered before the commence- (3) any organization that holds public hear- ment of negotiations. ings under section 2153 of this title; (2) The President shall consult with representative elements of the private sector and the non- with respect to any article, or domestic indus- Federal governmental sector on the overall cur- try, that is sensitive, or potentially sensitive, to rent trade policy of the United States. The con- imports. sultations shall include, but are not limited to, (Pub. L. 93–618, title I, § 134, Jan. 3, 1975, 88 Stat. the following elements of such policy: 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, (A) The principal multilateral and bilateral 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title trade negotiating objectives and the progress XXI, § 2110(a)(3), (4), Aug. 6, 2002, 116 Stat. 1020.) being made toward their achievement. Page 477 TITLE 19—CUSTOMS DUTIES § 2155

(B) The implementation, operation, and ef- of Commerce, Defense, Labor, Agriculture, the fectiveness of recently concluded multilateral Treasury, or other executive departments, as ap- and bilateral trade agreements and resolution propriate. The members of such committees of trade disputes. shall be appointed by the United States Trade (C) The actions taken under the trade laws Representative in consultation with such Sec- of the United States and the effectiveness of retaries. such actions in achieving trade policy objec- (2) The President shall establish such sectoral tives. or functional advisory committees as may be ap- (D) Important developments in other areas propriate. Such committees shall, insofar as is of trade for which there must be developed a practicable, be representative of all industry, proper policy response. labor, agricultural, or service interests (includ- (3) The President shall take the advice re- ing small business interests) in the sector or ceived through consultation under paragraph (2) functional areas concerned. In organizing such into account in determining the importance committees, the United States Trade Represent- which should be placed on each major objective ative and the Secretaries of Commerce, Labor, and negotiating position that should be adopted Agriculture, the Treasury, or other executive in order to achieve the overall trade policy of departments, as appropriate, shall— the United States. (A) consult with interested private organizations; and (b) Advisory Committee for Trade Policy and Ne- (B) take into account such factors as— gotiations (i) patterns of actual and potential com- (1) The President shall establish an Advisory petition between United States industry and Committee for Trade Policy and Negotiations to agriculture and foreign enterprise in inter- provide overall policy advice on matters re- national trade, ferred to in subsection (a) of this section. The (ii) the character of the nontariff barriers committee shall be composed of not more than and other distortions affecting such com- 45 individuals and shall include representatives petition, of non-Federal governments, labor, industry, ag- (iii) the necessity for reasonable limits on riculture, small business, service industries, re- the number of such advisory committees, tailers, nongovernmental environmental and (iv) the necessity that each committee be conservation organizations, and consumer inter- reasonably limited in size, and ests. The committee shall be broadly representa- (v) in the case of each sectoral committee, tive of the key sectors and groups of the econ- that the product lines covered by each com- omy, particularly with respect to those sectors mittee be reasonably related. and groups which are affected by trade. Mem- (3) The President— bers of the committee shall be recommended by (A) may, if necessary, establish policy advi- the United States Trade Representative and ap- sory committees representing non-Federal pointed by the President for a term of 4 years or governmental interests to provide policy ad- until the committee is scheduled to expire. An vice— individual may be reappointed to committee for (i) on matters referred to in subsection (a) any number of terms. Appointments to the Com- of this section, and mittee 1 shall be made without regard to politi- (ii) with respect to implementation of cal affiliation. trade agreements, and (2) The committee shall meet as needed at the call of the United States Trade Representative (B) shall include as members of committees or at the call of two-thirds of the members of established under subparagraph (A) represent- the committee. The chairman of the committee atives of non-Federal governmental interests shall be elected by the committee from among if he finds such inclusion appropriate after its members. consultation by the United States Trade Rep- (3) The United States Trade Representative resentative with such representatives. shall make available to the committee such (4) Appointments to each committee estab- staff, information, personnel, and administra- lished under paragraph (1), (2), or (3) shall be tive services and assistance as it may reason- made without regard to political affiliation. ably require to carry out its activities. (d) Policy, technical, and other advice and infor- (c) General policy, sectoral, or functional advi- mation sory committees Committees established under subsection (c) (1) The President may establish individual of this section shall meet at the call of the general policy advisory committees for indus- United States Trade Representative and the try, labor, agriculture, services, investment, de- Secretaries of Agriculture, Commerce, Labor, fense, and other interests, as appropriate, to Defense, or other executive departments, as ap- provide general policy advice on matters re- propriate, to provide policy advice, technical ad- ferred to in subsection (a) of this section. Such vice and information, and advice on other fac- committees shall, insofar as is practicable, be tors relevant to the matters referred to in sub- representative of all industry, labor, agricul- section (a) of this section. tural, service, investment, defense, and other interests, respectively, including small business (e) Meeting of advisory committees at conclusion interests, and shall be organized by the United of negotiations States Trade Representative and the Secretaries (1) The Advisory Committee for Trade Policy and Negotiations, each appropriate policy advi- 1 So in original. Probably should not be capitalized. sory committee, and each sectoral or functional § 2155 TITLE 19—CUSTOMS DUTIES Page 478 advisory committee, if the sector or area which and which is submitted in confidence by the pri- such committee represents is affected, shall vate sector or non-Federal government to offi- meet at the conclusion of negotiations for each cers or employees of the United States in con- trade agreement entered into under section 3803 nection with trade negotiations, may be dis- of this title, to provide to the President, to Con- closed upon request to— gress, and to the United States Trade Represent- (A) officers and employees of the United ative a report on such agreement. Each report States designated by the United States Trade that applies to a trade agreement entered into Representative; under section 3803 of this title shall be provided (B) members of the Committee on Ways and under the preceding sentence not later than the Means of the House of Representatives and the date on which the President notifies the Con- Committee on Finance of the Senate who are gress under section 3805(a)(1)(A) of this title of designated as official advisers under section his intention to enter into that agreement. 2211(a)(1) of this title or are designated by the (2) The report of the Advisory Committee for chairmen of either such committee under sec- Trade Policy and Negotiations and each appro- tion 2211(b)(3)(A) of this title and staff mem- priate policy advisory committee shall include bers of either such committee designated by an advisory opinion as to whether and to what the chairmen under section 2211(b)(3)(A) of extent the agreement promotes the economic in- this title; and terests of the United States and achieves the ap- (C) members of any committee of the House plicable overall and principal negotiating objec- or Senate or any joint committee of Congress tives set forth in section 3802 of this title, as ap- who are designated as advisers under section propriate. 2211(a)(2) of this title or designated by the (3) The report of the appropriate sectoral or chairman of such committee under section functional committee under paragraph (1) shall 2211(b)(3)(B) of this title and staff members of include an advisory opinion as to whether the such committee designated under section agreement provides for equity and reciprocity 2211(b)(3)(B) of this title, but disclosure may within the sector or within the functional area. be made under this subparagraph only with re- (f) Application of Federal Advisory Committee spect to trade secrets or commercial or finan- Act cial information that is relevant to trade policy matters or negotiations that are within The provisions of the Federal Advisory Com- the legislative jurisdiction of such committee; mittee Act apply— (1) to the Advisory Committee for Trade Pol- for use in connection with matters referred to in icy and Negotiations established under sub- subsection (a) of this section. section (b) of this section; and (2) Information other than that described in (2) to all other advisory committees which paragraph (1), and advice submitted in con- may be established under subsection (c) of this fidence by the private sector or non-Federal gov- section, except that— ernment to officers or employees of the United (A) the meetings of advisory committees States, to the Advisory Committee for Trade established under subsections (b) and (c) of Policy and Negotiations, or to any advisory this section shall be exempt from the re- committee established under subsection (c) of quirements of subsections (a) and (b) of sec- this section, in connection with matters referred tions 10 and 11 of the Federal Advisory Com- to in subsection (a) of this section, may be dis- mittee Act (relating to open meetings, pub- closed upon request to— lic notice, public participation, and public (A) the individuals described in paragraph availability of documents), whenever and to (1); and the extent it is determined by the President (B) the appropriate advisory committee es- or the President’s designee that such meet- tablished under this section. ings will be concerned with matters the dis- (3) Information submitted in confidence by of- closure of which would seriously com- ficers or employees of the United States to the promise the development by the United Advisory Committee for Trade Policy and Nego- States Government of trade policy, prior- tiations, or to any advisory committee estab- ities, negotiating objectives, or bargaining lished under subsection (c) of this section, may positions with respect to matters referred to be disclosed in accordance with rules issued by in subsection (a) of this section, and that the United States Trade Representative and the meetings may be called of such special task Secretaries of Commerce, Labor, Defense, Agri- forces, plenary meetings of chairmen, or culture, or other executive departments, as ap- other such groups made up of members of propriate, after consultation with the relevant the committees established under sub- advisory committees established under subsections (b) and (c) of this section; and section (c) of this section. Such rules shall de- (B) notwithstanding subsection (a)(2) of fine the categories of information which require section 14 of the Federal Advisory Commit- restricted or confidential handling by such com- tee Act, any committee established under mittee considering the extent to which public subsection (b) or (c) of this section may, in disclosure of such information can reasonably be the discretion of the President or the Presi- expected to prejudice the development of trade dent’s designee, terminate not later than the policy, priorities, or United States negotiating expiration of the 4-year period beginning on objectives. Such rules shall, to the maximum ex- the date of its establishment. tent feasible, permit meaningful consultations (g) Trade secrets and confidential information by advisory committee members with persons (1) Trade secrets and commercial or financial affected by matters referred to in subsection (a) information which is privileged or confidential, of this section. Page 479 TITLE 19—CUSTOMS DUTIES § 2155

(h) Advisory committee support appropriate. However, they may not speak or ne- The United States Trade Representative, and gotiate for the United States. the Secretaries of Commerce, Labor, Defense, (l) Advisory committees established by Depart- Agriculture, the Treasury, or other executive ment of Agriculture departments, as appropriate, shall provide such The provisions of title XVIII of the Food and staff, information, personnel, and administra- Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) tive services and assistance to advisory commit- shall not apply to any advisory committee es- tees established under subsection (c) of this sec- tablished under subsection (c) of this section. tion as such committees may reasonably require (m) ‘‘Non-Federal government’’ defined to carry out their activities. As used in this section, the term ‘‘non-Federal (i) Consultation with advisory committees; pro- government’’ means— cedures; nonacceptance of committee advice (1) any State, territory, or possession of the or recommendations United States, or the District of Columbia, or It shall be the responsibility of the United any political subdivision thereof; or States Trade Representative, in conjunction (2) any agency or instrumentality of any en- with the Secretaries of Commerce, Labor, Agri- tity described in paragraph (1). culture, the Treasury, or other executive depart- (Pub. L. 93–618, title I, § 135, Jan. 3, 1975, 88 Stat. ments, as appropriate, to adopt procedures for 1996; Pub. L. 96–39, title XI, § 1103, July 26, 1979, consultation with and obtaining information 93 Stat. 308; Pub. L. 98–573, title III, § 306(c)(2)(B), and advice from the advisory committees estab- Oct. 30, 1984, 98 Stat. 3011; Pub. L. 99–514, title lished under subsection (c) of this section on a XVIII, § 1887(a)(2), Oct. 22, 1986, 100 Stat. 2923; continuing and timely basis. Such consultation Pub. L. 100–418, title I, § 1631, Aug. 23, 1988, 102 shall include the provision of information to Stat. 1264; Pub. L. 103–465, title I, §§ 127(f), 128, each advisory committee as to— Dec. 8, 1994, 108 Stat. 4836; Pub. L. 107–210, div. B, (1) significant issues and developments; and title XXI, § 2110(a)(5), Aug. 6, 2002, 116 Stat. 1020; (2) overall negotiating objectives and posi- Pub. L. 108–429, title II, § 2004(i)(1), (2), Dec. 3, tions of the United States and other parties; 2004, 118 Stat. 2594, 2595; Pub. L. 109–280, title with respect to matters referred to in subsection XIV, § 1635(f)(2), Aug. 17, 2006, 120 Stat. 1171.) (a) of this section. The United States Trade Rep- REFERENCES IN TEXT resentative shall not be bound by the advice or Reorganization Plan Number 3 of 1979, referred to in recommendations of such advisory committees, subsec. (a)(1)(C), is set out as a note under section 2171 but shall inform the advisory committees of sig- of this title. nificant departures from such advice or recom- Executive Order Numbered 12188, referred to in sub- mendations made. In addition, in the course of sec. (a)(1)(C), is set out as a note under section 2171 of consultations with the Congress under this sub- this title. chapter, information on the advice and informa- The Federal Advisory Committee Act, referred to in subsec (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as tion provided by advisory committees shall be amended, which is set out in the Appendix to Title 5, made available to congressional advisers. Government Organization and Employees. (j) Private organizations or groups The Food and Agriculture Act of 1977, referred to in subsec. (l), is Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 913, In addition to any advisory committee estab- as amended. Title XVIII of the Act is classified gener- lished under this section, the President shall ally to chapter 55A (§ 2281 et seq.) of Title 7, Agri- provide adequate, timely and continuing oppor- culture. For complete classification of this Act to the tunity for the submission on an informal basis Code, see Short Title of 1977 Amendment note set out (and, if such information is submitted under the under section 1281 of Title 7 and Tables. provisions of subsection (g) of this section, on a AMENDMENTS confidential basis) by private organizations or 2006—Subsec. (f)(2)(B). Pub. L. 109–280 substituted ‘‘its groups, representing government, labor, indus- establishment’’ for ‘‘their establishment’’. try, agriculture, small business, service indus- 2004—Subsec. (b)(1). Pub. L. 108–429, § 2004(i)(2), sub- tries, consumer interests, and others, of statis- stituted ‘‘4 years or until the committee is scheduled to tics, data and other trade information, as well expire’’ for ‘‘2 years’’. as policy recommendations, pertinent to any Subsec. (f)(2). Pub. L. 108–429, § 2004(i)(1), amended par. matter referred to in subsection (a) of this sec- (2) generally. Prior to amendment, par. (2) read as fol- tion. lows: ‘‘to all other advisory committees which may be established under subsection (c) of this section; except (k) Scope of participation by members of advi- that the meetings of advisory committees established sory committees under subsections (b) and (c) of this section shall be ex- Nothing contained in this section shall be con- empt from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee strued to authorize or permit any individual to Act (relating to open meetings, public notice, public participate directly in any negotiation of any participation, and public availability of documents), matters referred to in subsection (a) of this sec- whenever and to the extent it is determined by the tion. To the maximum extent practicable, the President or his designee that such meetings will be members of the committees established under concerned with matters the disclosure of which would subsections (b) and (c) of this section, and other seriously compromise the development by the United appropriate parties, shall be informed and con- States Government of trade policy, priorities, negotiat- sulted before and during any such negotiations. ing objectives or bargaining positions with respect to matters referred to in subsection (a) of this section, They may be designated as advisors to a nego- and that meetings may be called of such special task tiating delegation, and may be permitted to par- forces, plenary meetings of chairmen, or other such ticipate in international meetings to the extent groups made up of members of the committees estab- the head of the United States delegation deems lished under subsections (b) and (c) of this section.’’ § 2155 TITLE 19—CUSTOMS DUTIES Page 480

2002—Subsec. (a)(1)(A). Pub. L. 107–210, § 2110(a)(5)(A), to in section 2111 or 2112 of this title’’, ‘‘Special Rep- substituted ‘‘section 3803 of this title’’ for ‘‘section 2902 resentative for Trade Negotiations’’ for ‘‘President act- of this title’’. ing through the Special Representative for Trade Nego- Subsec. (e)(1). Pub. L. 107–210, § 2110(a)(5)(B), sub- tiations’’ and ‘‘or Agriculture’’ for ‘‘and Agriculture’’. stituted ‘‘section 3803 of this title’’ for ‘‘section 2902 of Subsec. (c)(2). Pub. L. 96–39, § 1103(6)–(9), substituted this title’’ in two places and ‘‘section 3805(a)(1)(A) of ‘‘The President shall establish such sectoral or func- this title’’ for ‘‘section 2903(a)(1)(A) of this title’’. tional advisory committees as may be appropriate’’ for Subsec. (e)(2). Pub. L. 107–210, § 2110(a)(5)(C), sub- ‘‘The President shall, on his own initiative or at the re- stituted ‘‘section 3802 of this title’’ for ‘‘section 2901 of quest of organizations in a particular sector, establish this title’’. such industry, labor, or agricultural sector advisory 1994—Subsec. (a)(1)(B). Pub. L. 103–465, § 127(f), amend- committees as he determines to be necessary for any ed subpar. (B) generally. Prior to amendment, subpar. trade negotiations referred to in section 2111 or 2112 of (B) read as follows: ‘‘the operation of any trade agree- this title’’ and ‘‘Such committees shall, insofar as is ment once entered into; and’’. practicable, be representative of all industry, labor, ag- Subsec. (b)(1). Pub. L. 103–465, § 128, inserted ‘‘non- ricultural, or service interests (including small busi- governmental environmental and conservation organi- ness interests) in the sector or functional areas con- zations,’’ after ‘‘retailers,’’. cerned’’ for ‘‘Such committees shall, so far as prac- 1988—Pub. L. 100–418 amended section generally, sub- ticable, be representative of all industry, labor, or agri- stituting present provisions for provisions which, in the cultural interests including small business interests in following subsections, had related to: subsec. (a), infor- the sector concerned’’ and ‘‘the Special Representative mation and advice on trade agreements and other mat- for Trade Negotiations’’ for ‘‘the President, acting ters; subsec. (b), Advisory Committee for Trade Nego- through the Special Representative for Trade Negotia- tiations; subsec. (c), general policy, sectoral, functions’’, struck out ‘‘product sector’’ before ‘‘advisory tional, or policy advisory committees; subsec. (d), pol- committees’’, and inserted ‘‘, in the case of each sec- icy advice, technical advice and information, and other toral committee,’’ before ‘‘the product lines’’. advice; subsec. (e), meeting of advisory committees at Subsec. (d). Pub. L. 96–39, § 1103(10), required commit- conclusion of negotiations for trade agreements; sub- tee meetings to be also summoned at joint instance of sec. (f), Federal Advisory Committee Act; subsec. (g), Secretary of Agriculture, Commerce, or Labor, as ap- trade secrets and confidential commercial, financial, or propriate, previously required to be called before and other information; subsec. (h), staff, information, per- during trade negotiations, struck out item (1) through sonnel, and administrative services and assistance to (3) designation for ‘‘policy advice’’, ‘‘technical advice’’ advisory committees; subsec. (i), consultation with ad- and ‘‘advice on other factors’’, struck out ‘‘on negotia- visory committees; adoption of procedures; nonaccept- tions’’ and ‘‘on negotiations on particular products ance of committee advice or recommendations; subsec. both domestic and foreign’’ after ‘‘policy advice’’ and (j), private or non-Federal government organizations or ‘‘technical advice and information’’ and substituted groups; subsec. (k), direct participation in negotiations ‘‘factors relevant to the matters referred to in sub- by private individuals not authorized; information, section (a) of this section’’ for ‘‘factors relevant to po- consultation, participation of committee members and sitions of the United States in trade negotiations.’’ Subsec. (e). Pub. L. 96–39, § 1103(11)–(14), redesignated appropriate parties in international meetings; restric- par. (1) as entire provision, and in provision as so redes- tions; subsec. (l), advisory committees established by ignated, substituted ‘‘each sector or functional advi- Department of Agriculture; and subsec. (m), definition sory committee, if the sector or area’’ for ‘‘each sector of ‘‘non-Federal government’’. advisory committee, if the sector’’, ‘‘appropriate sector 1986—Subsecs. (m), (n). Pub. L. 99–514 redesignated or functional area’’ for ‘‘appropriate sector’’, and subsec. (n) as (m). ‘‘within the sector or within the functional area’’ for 1984—Subsec. (a). Pub. L. 98–573, § 306(c)(2)(B)(i), in- ‘‘within the sector’’, and struck out par. (2) which re- serted ‘‘and the non-Federal governmental sector’’ quired a report to Congress by the Advisory Committee after ‘‘private sector’’. for Trade Negotiations by each policy advisory com- Subsec. (c)(3). Pub. L. 98–573, § 306(c)(2)(B)(ii), added mittee, and, each sector advisory committee as soon as par. (3). practicable at end of the period ending 5 years after Subsec. (g)(1)(A), (B). Pub. L. 98–573, § 306(c)(2)(B)(iii), Jan. 3, 1975, including advisory opinions of the respec- inserted ‘‘or non-Federal government’’ after ‘‘private’’. tive committees as to how the trade agreements serve Subsec. (j). Pub. L. 98–573, § 306(c)(2)(B)(iii), (iv), in- the economic interests of United States and how provi- serted ‘‘or non-Federal government’’ after ‘‘private’’ sion is made for equity and reciprocity within the sec- and ‘‘government,’’ before ‘‘labor, industry’’. tor. Subsec. (n). Pub. L. 98–573, § 306(c)(2)(B)(v), added sub- Subsec. (f)(2). Pub. L. 96–39, § 1103(15)(A), (B), subsec. (n). stituted ‘‘committees’’ for ‘‘groups’’ and ‘‘with respect 1979—Subsec. (a). Pub. L. 96–39, § 1103(1), (2), struck to matters referred to in subsection (a) of this section’’ out ‘‘, in accordance with the provisions of this sec- for ‘‘on the negotiation of any trade agreement’’. tion,’’ after ‘‘President’’ and required the seeking of in- Subsec. (g). Pub. L. 96–39, § 1103(16), (17)(A), (B), sub- formation and advice respecting operation of a trade stituted in par. (1)(A) ‘‘matters referred to in sub- agreement once entered into and respecting other mat- section (a) of this section’’ for ‘‘a trade agreement re- ters arising in connection with the administration of ferred to in section 2111 or 2112 of this title’’, in par. trade policy of the United States. (1)(B) ‘‘matters referred to in subsection (a) of this sec- Subsec. (b)(1). Pub. L. 96–39, § 1103(3), substituted tion’’ for ‘‘trade negotiations’’, and in par. (2) ‘‘matters ‘‘matters referred to in subsection (a) of this section’’ referred to in subsection (a) of this title’’ for ‘‘proposed for ‘‘any trade agreement referred to in section 2111 or trade agreements’’. 2112 of this title’’. Subsec. (i). Pub. L. 96–39, § 1103(18)(A)–(C), struck out Subsec. (b)(2). Pub. L. 96–39, § 1103(4), substituted re- in provision before cl. (1) ‘‘, both during preparation for quirement that the members elect the Chairman of the negotiations and actual negotiations’’ after ‘‘basis’’ Committee from among its membership for provision and in cl. (1) ‘‘arising in preparation for or in the designating the Special Representative as Chairman course of such negotiations’’ after ‘‘developments’’ and and struck out provision for termination of the Com- substituted in cl. (2) ‘‘with respect to matters referred mittee upon submission of its report to Congress as to in subsection (a) of this section’’ for ‘‘to the negotia- soon as practical after the end of the period which ends tions’’. 5 years after Jan. 3, 1975. Subsec. (j). Pub. L. 96–39, § 1103(19), substituted ‘‘mat- Subsec. (c)(1). Pub. L. 96–39, § 1103(5), inserted a ters referred to in subsection (a) of this section’’ for comma after ‘‘initiative’’, included references to ‘‘serv- ‘‘trade agreement referred to in section 2111 or 2112 of ices’’, and substituted ‘‘general policy advice on mat- this title’’. ters referred to in subsection (a) of this section’’ for Subsec. (k). Pub. L. 96–39, § 1103(19), (20), substituted ‘‘general policy advice on any trade agreement referred ‘‘matters referred to in subsection (a) of this section’’ Page 481 TITLE 19—CUSTOMS DUTIES § 2155 for ‘‘trade agreement referred to in section 2111 or 2112 resentative, in consultation with the Cabinet secretar- of this title’’ and provided for information to and con- ies described in section 2155(c)(1) of title 19, United sultations with committee members and appropriate States Code, for a term of 2 years and may be reap- parties and participation in international meetings pointed for any number of terms. Appointments to the without becoming spokesmen or negotiators for the Committee shall be made without regard to political United States. affiliation. Any member may be removed at the discre- Subsec. (l). Pub. L. 96–39, § 1103(21), added subsec. (l). tion of the Trade Representative. SEC. 3. Functions. (a) The Committee shall provide the EFFECTIVE DATE OF 2006 AMENDMENT Trade Representative with policy advice on issues in- Amendment by Pub. L. 109–280 applicable with revolving trade and the environment. spect to goods entered, or withdrawn from warehouse (b) The Committee shall submit a report to the Presi- for consumption, on or after the 15th day after Aug. 17, dent, to the Congress, and to the Trade Representative 2006, see section 1641 of Pub. L. 109–280, set out as a note at the conclusion of negotiations for each trade agree- under section 58c of this title. ment referred to in section 102 of the Act [19 U.S.C. 2112]. The report shall include an advisory opinion on EFFECTIVE DATE OF 2004 AMENDMENT whether and to what extent the agreement promotes Pub. L. 108–429, title II, § 2004(i)(3), Dec. 3, 2004, 118 the interests of the United States. Stat. 2595, provided that: ‘‘The amendments made by (c) The Committee may establish such subcommit- this subsection [amending this section] shall take ef- tees of its members as it deems necessary, subject to fect on February 1, 2006.’’ the provisions of the Federal Advisory Committee Act and the approval of the Trade Representative, or his EFFECTIVE DATE OF 1994 AMENDMENT designee. (d) The Committee shall report its activities to the Amendment by Pub. L. 103–465 effective on the date Trade Representative, or his designee. on which the WTO Agreement enters into force with re- SEC. 4. Administration. (a) The Trade Representative, spect to the United States [Jan. 1, 1995], see section 130 or his designee, with the advice of the Chairman, shall of Pub. L. 103–465, set out as an Effective Date note be responsible for prior approval of the agendas for all under section 3531 of this title. Committee meetings. EFFECTIVE DATE OF 1979 AMENDMENT (b) The Trade Representative, or his designee, shall be responsible for determinations, filings, and other ad- Amendment by Pub. L. 96–39 effective July 26, 1979, ministrative requirements of the Federal Advisory see section 1114 of Pub. L. 96–39, set out as an Effective Committee Act. Date note under section 2581 of this title. (c)(1) The Trade Representative shall provide funding and administrative and staff support for the Commit- DELEGATION OF AUTHORITY tee. For delegation of functions of President under div. B (2) The Committee shall have an Executive Director of Pub. L. 107–210, amending this section, see section 1 who shall be a Federal officer or employee designated of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out by the Trade Representative. as a note under section 3801 of this title. (d) Members of the Committee shall serve without either compensation or reimbursement of expenses. PLAN AMENDMENTS NOT REQUIRED UNTIL (e) The Committee shall meet as needed at the call of JANUARY 1, 1989 the Trade Representative or his designee, depending on For provisions directing that if any amendments various factors such as the level of activity of trade ne- made by subtitle A or subtitle C of title XI [§§ 1101–1147 gotiations and the needs of the Trade Representative, and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. or at the call of two-thirds of the members of the Com- 99–514 require an amendment to any plan, such plan mittee. amendment shall not be required to be made before the SEC. 5. General. The Committee shall function for first plan year beginning on or after Jan. 1, 1989, see such period as may be necessary. In accordance with section 1140 of Pub. L. 99–514, as amended, set out as a the Federal Advisory Committee Act [5 U.S.C. App.], note under section 401 of Title 26, Internal Revenue the Committee shall terminate after 2 years from the Code. date of this order unless otherwise extended. WILLIAM J. CLINTON. EX. ORD. NO. 12905. TRADE AND ENVIRONMENT POLICY ADVISORY COMMITTEE EXTENSION OF TERM OF TRADE AND ENVIRONMENT POLICY ADVISORY COMMITTEE Ex. Ord. No. 12905, Mar. 25, 1994, 59 F.R. 14733, provided: Term of Trade and Environment Policy Advisory By the authority vested in me as President by the Committee extended until Sept. 30, 1997, by Ex. Ord. Constitution and the laws of the United States of No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out America, including the Federal Advisory Committee under section 14 of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and section 135(c)(1) of Act in the Appendix to Title 5, Government Organiza- the Trade Act of 1974, as amended (19 U.S.C. 2155(c)(1)) tion and Employees. (‘‘Act’’), it is hereby ordered as follows: Term of Trade and Environment Policy Advisory SECTION 1. Establishment. There is established in the Committee extended until Sept. 30, 1999, by Ex. Ord. Office of the United States Trade Representative No. 13062, § 1(o), Sept. 29, 1997, 62 F.R. 51755, formerly set (‘‘Trade Representative’’[)] the ‘‘Trade and Environ- out under section 14 of the Federal Advisory Commit- ment Policy Advisory Committee’’ (‘‘Committee’’). tee Act in the Appendix to Title 5. SEC. 2. Membership. (a) The Committee shall consist Term of Trade and Environment Policy Advisory of not more than 35 members, including, but not lim- Committee extended until Sept. 30, 2001, by Ex. Ord. ited to, representatives from environmental interest No. 13138, Sept. 30, 1999, 64 F.R. 53879, formerly set out groups, industry (including the environmental tech- as a note under section 14 of the Federal Advisory Com- nology and environmental services industries), agri- mittee Act in the Appendix to Title 5. culture, services, non-Federal government, and con- Term of Trade and Environment Policy Advisory sumer interests. The Committee should be broadly rep- Committee extended until Sept. 30, 2003, by Ex. Ord. resentative of the key sectors and groups of the econ- No. 13225, Sept. 28, 2001, 66 F.R. 50291, formerly set out omy with an interest in trade and environmental policy as a note under section 14 of the Federal Advisory Com- issues. mittee Act in the Appendix to Title 5. (b) The Chairman of the Committee shall be elected Term of Trade and Environment Policy Advisory by the Committee from among its members. Members Committee extended until Sept. 30, 2005, by Ex. Ord. of the Committee shall be appointed by the Trade Rep- No. 13316, Sept. 17, 2003, 68 F.R. 55255, formerly set out § 2171 TITLE 19—CUSTOMS DUTIES Page 482 as a note under section 14 of the Federal Advisory Com- section 207(f)(3) of title 18) in any trade negotia- mittee Act in the Appendix to Title 5. tion, or trade dispute, with the United States Term of Trade and Environment Policy Advisory may not be appointed as United States Trade Committee extended until Sept. 30, 2007, by Ex. Ord. Representative or as a Deputy United States No. 13385, Sept. 29, 2005, 70 F.R. 57989, formerly set out as a note under section 14 of the Federal Advisory Com- Trade Representative. mittee Act in the Appendix to Title 5. (c) Duties of United States Trade Representative Term of Trade and Environment Policy Advisory and Deputy United States Trade Representa- Committee extended until Sept. 30, 2009, by Ex. Ord. tives No. 13446, Sept. 28, 2007, 72 F.R. 56175, formerly set out (1) The United States Trade Representative as a note under section 14 of the Federal Advisory Com- mittee Act in the Appendix to Title 5. shall— Term of Trade and Environment Policy Advisory (A) have primary responsibility for develop- Committee extended until Sept. 30, 2011, by Ex. Ord. ing, and for coordinating the implementation No. 13511, Sept. 29, 2009, 74 F.R. 50909, formerly set out of, United States international trade policy, as a note under section 14 of the Federal Advisory Com- including commodity matters, and, to the ex- mittee Act in the Appendix to Title 5. tent they are related to international trade Term of Trade and Environment Policy Advisory policy, direct investment matters; Committee extended until Sept. 30, 2013, by Ex. Ord. (B) serve as the principal advisor to the No. 13585, Sept. 30, 2011, 76 F.R. 62281, set out as a note President on international trade policy and under section 14 of the Federal Advisory Committee shall advise the President on the impact of Act in the Appendix to Title 5. other policies of the United States Govern- PART 4—OFFICE OF THE UNITED STATES TRADE ment on international trade; REPRESENTATIVE (C) have lead responsibility for the conduct of, and shall be the chief representative of the AMENDMENTS United States for, international trade negotia- 1983—Pub. L. 97–456, § 3(d)(3), Jan. 12, 1983, 96 Stat. tions, including all negotiations on any mat- 2505, substituted ‘‘United States Trade Representative’’ ter considered under the auspices of the World for ‘‘Special Representative for Trade Negotiations’’ in Trade Organization, commodity and direct in- part 4 heading. vestment negotiations, in which the United § 2171. Structure, functions, powers, and person- States participates; nel (D) issue and coordinate policy guidance to departments and agencies on basic issues of (a) Establishment within Executive Office of the policy and interpretation arising in the exer- President cise of international trade functions, including There is established within the Executive Of- any matter considered under the auspices of fice of the President the Office of the United the World Trade Organization, to the extent States Trade Representative (hereinafter in this necessary to assure the coordination of inter- section referred to as the ‘‘Office’’). national trade policy and consistent with any (b) United States Trade Representative; Deputy other law; United States Trade Representatives (E) act as the principal spokesman of the President on international trade; (1) The Office shall be headed by the United (F) report directly to the President and the States Trade Representative who shall be ap- Congress regarding, and be responsible to the pointed by the President, by and with the advice President and the Congress for the administra- and consent of the Senate. As an exercise of the tion of, trade agreements programs; rulemaking power of the Senate, any nomina- (G) advise the President and Congress with tion of the United States Trade Representative respect to nontariff barriers to international submitted to the Senate for confirmation, and trade, international commodity agreements, referred to a committee, shall be referred to the and other matters which are related to the Committee on Finance. The United States Trade trade agreements programs; Representative shall hold office at the pleasure (H) be responsible for making reports to of the President, shall be entitled to receive the Congress with respect to matters referred to in same allowances as a chief of mission, and shall subparagraphs (C) and (F); have the rank of Ambassador Extraordinary and (I) be chairman of the interagency trade or- Plenipotentiary. ganization established under section 1872(a) of (2) There shall be in the Office three Deputy this title, and shall consult with and be ad- United States Trade Representatives and one vised by such organization in the performance Chief Agricultural Negotiator who shall be ap- of his functions; and pointed by the President, by and with the advice (J) in addition to those functions that are and consent of the Senate. As an exercise of the delegated to the United States Trade Rep- rulemaking power of the Senate, any nomina- resentative as of August 23, 1988, be respon- tion of a Deputy United States Trade Represent- sible for such other functions as the President ative or the Chief Agricultural Negotiator sub- may direct. mitted to the Senate for its advice and consent, (2) It is the sense of Congress that the United and referred to a committee, shall be referred to States Trade Representative should— the Committee on Finance. Each Deputy United (A) be the senior representative on any body States Trade Representative and the Chief Agri- that the President may establish for the pur- cultural Negotiator shall hold office at the pose of providing to the President advice on pleasure of the President and shall have the overall economic policies in which inter- rank of Ambassador. national trade matters predominate; and (3) A person who has directly represented, (B) be included as a participant in all eco- aided, or advised a foreign entity (as defined by nomic summit and other international meet- Page 483 TITLE 19—CUSTOMS DUTIES § 2171

ings at which international trade is a major (A) The Bureau of Economics and Business topic. Affairs of the Department of State. (3) The United States Trade Representative (B) The United States and Foreign Commer- may— cial Services of the Department of Commerce. (A) delegate any of his functions, powers, (C) The International Trade Administration and duties to such officers and employees of (other than the United States and Foreign the Office as he may designate; and Commercial Service) of the Department of (B) authorize such successive redelegations Commerce. of such functions, powers, and duties to such (D) The Foreign Agricultural Service of the officers and employees of the Office as he may Department of Agriculture. deem appropriate. The United States Trade Representative may (4) Each Deputy United States Trade Rep- also request the advice of the United States resentative shall have as his principal function International Trade Commission regarding the the conduct of trade negotiations under this carrying out of paragraph (1). chapter and shall have such other functions as (3) For purposes of this subsection, the term the United States Trade Representative may di- ‘‘unfair trade practice’’ means any act, policy, rect. or practice that— (5) The principal function of the Chief Agricul- (A) may be a subsidy with respect to which tural Negotiator shall be to conduct trade nego- countervailing duties may be imposed under tiations and to enforce trade agreements relat- subtitle A of title VII [19 U.S.C. 1671 et seq.]; ing to United States agricultural products and (B) may result in the sale or likely sale of services. The Chief Agricultural Negotiator foreign merchandise with respect to which shall be a vigorous advocate on behalf of United antidumping duties may be imposed under States agricultural interests. The Chief Agricul- subtitle B of title VII [19 U.S.C. 1673 et seq.]; tural Negotiator shall perform such other func- (C) may be either an unfair method of com- tions as the United States Trade Representative petition, or an unfair act in the importation of may direct. articles into the United States, that is unlaw- (d) Unfair trade practices; additional duties of ful under section 337 [19 U.S.C. 1337]; or Representative; advisory committee; defini- (D) may be an act, policy, or practice of a tion kind with respect to which action may be taken under subchapter III of this chapter. (1) In carrying out subsection (c) of this section with respect to unfair trade practices, the (e) Powers of United States Trade Representa- United States Trade Representative shall— tive (A) coordinate the application of inter- The United States Trade Representative may, agency resources to specific unfair trade prac- for the purpose of carrying out his functions tice cases; under this section— (B) identify, and refer to the appropriate (1) subject to the civil service and classifica- Federal department or agency for consider- tion laws, select, appoint, employ, and fix the ation with respect to action, each act, policy, compensation of such officers and employees or practice referred to in the report required as are necessary and prescribe their authority under section 2241(b) of this title, or otherwise and duties, except that not more than 20 indi- known to the United States Trade Representa- viduals may be employed without regard to tive on the basis of other available informa- any provision of law regulating the employ- tion, that may be an unfair trade practice that ment or compensation at rates not to exceed either— the rate of pay for level IV of the Executive (i) is considered to be inconsistent with Schedule in section 5314 1 of title 5; the provisions of any trade agreement and (2) employ experts and consultants in ac- has a significant adverse impact on United cordance with section 3109 of title 5 and com- States commerce, or pensate individuals so employed for each day (ii) has a significant adverse impact on do- (including traveltime) at rates not in excess of mestic firms or industries that are either the maximum rate of pay for grade GS–18 as too small or financially weak to initiate pro- provided in section 5332 of title 5 and while ceedings under the trade laws; such experts and consultants are so serving (C) identify practices having a significant away from their homes or regular place of adverse impact on United States commerce business, to pay such employees travel ex- that the attainment of United States negotiat- penses and per diem in lieu of subsistence at ing objectives would eliminate; and rates authorized by section 5703 of title 5 for (D) identify, on a biennial basis, those persons in Government service employed United States Government policies and prac- intermittently; tices that, if engaged in by a foreign govern- (3) promulgate such rules and regulations as ment, might constitute unfair trade practices may be necessary to carry out the functions, under United States law. powers and duties vested in him; (2) For purposes of carrying out paragraph (1), (4) utilize, with their consent, the services, the United States Trade Representative shall be personnel, and facilities of other Federal agen- assisted by an interagency unfair trade prac- cies; tices advisory committee composed of the Trade (5) enter into and perform such contracts, Representative, who shall chair the committee, leases, cooperative agreements, or other trans- and senior representatives of the following agen- actions as may be necessary in the conduct of cies, appointed by the respective heads of those agencies: 1 So in original. Probably should be section ‘‘5315’’. § 2171 TITLE 19—CUSTOMS DUTIES Page 484

the work of the Office and on such terms as (Pub. L. 93–618, title I, § 141, Jan. 3, 1975, 88 Stat. the United States Trade Representative may 1999; Pub. L. 97–456, § 3(a)–(d)(2), Jan. 12, 1983, 96 deem appropriate, with any agency or instru- Stat. 2504, 2505; Pub. L. 98–573, title III, mentality of the United States, or with any § 304(d)(2)(A), title VII, § 703, Oct. 30, 1984, 98 Stat. public or private person, firm, association, 3004, 3043; Pub. L. 99–272, title XIII, § 13023, Apr. corporation, or institution; 7, 1986, 100 Stat. 307; Pub. L. 99–514, title XVIII, (6) accept voluntary and uncompensated § 1887(a)(3), (4), Oct. 22, 1986, 100 Stat. 2923; Pub. services, notwithstanding the provisions of L. 100–203, title IX, § 9504, Dec. 22, 1987, 101 Stat. section 1342 of title 31; 1330–382; Pub. L. 100–418, title I, § 1601, Aug. 23, (7) adopt an official seal, which shall be judi- 1988, 102 Stat. 1260; Pub. L. 101–207, § 1(a), Dec. 7, cially noticed; 1989, 103 Stat. 1833; Pub. L. 101–382, title I, (8) pay for expenses approved by him for offi- § 103(a), Aug. 20, 1990, 104 Stat. 634; Pub. L. cial travel without regard to the Federal Trav- 103–465, title VI, § 621(a)(8), Dec. 8, 1994, 108 Stat. el Regulations or to the provisions of sub- 4993; Pub. L. 104–65, § 21(b), Dec. 19, 1995, 109 Stat. chapter I of chapter 57 of title 5 (relating to 704; Pub. L. 104–295, § 20(f)(1), Oct. 11, 1996, 110 rates of per diem allowances in lieu of subsist- Stat. 3529; Pub. L. 106–36, title I, § 1001(a)(2), June ence expenses); 25, 1999, 113 Stat. 130; Pub. L. 106–200, title IV, (9) accept, hold, administer, and utilize gifts, § 406, May 18, 2000, 114 Stat. 293; Pub. L. 107–210, devises, and bequests of property, both real div. A, title III, § 361(a), (b), Aug. 6, 2002, 116 Stat. and personal, for the purpose of aiding or fa- 991; Pub. L. 108–429, title II, § 2004(a)(15), Dec. 3, cilitating the work of the Office; 2004, 118 Stat. 2591.) (10) acquire, by purchase or exchange, not more than two passenger motor vehicles for REFERENCES IN TEXT use abroad, except that no vehicle may be ac- Subtitles A and B of title VII and section 337, referred quired at a cost exceeding $9,500; and to in subsec. (d)(3)(A) to (C), probably mean subtitles A (11) provide, where authorized by law, copies and B of title VII and section 337 of the Tariff Act of of documents to persons at cost, except that 1930 which is act June 17, 1930, ch. 497, 46 Stat. 590. Sub- any funds so received shall be credited to, and titles A and B of title VII of the Tariff Act of 1930 are be available for use from, the account from classified generally to parts I and II (§ 1671 et seq. and which expenditures relating thereto were 1673 et seq., respectively) of subtitle IV of chapter 4 of made. this title. Section 337 of the Tariff Act of 1930 is classified to section 1337 of this title. For complete classi- (f) Use of other Federal agencies fication of this Act to the Code, see section 1654 of this The United States Trade Representative shall, title and Tables. to the extent he deems it necessary for the prop- Subchapter III of this chapter, referred to in subsec. er administration and execution of the trade (d)(3)(D), was in the original ‘‘title III of the Trade Act agreements programs of the United States, draw of 1974’’, which is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title III of the Trade Act of 1974 is upon the resources of, and consult with, Federal classified generally to subchapter III (§ 2411 et seq.) of agencies in connection with the performance of this chapter. For complete classification of title III to his functions. the Code, see Tables. (g) Authorization of appropriations The Federal Pay Comparability Act of 1970, referred to in subsec. (g)(2), is Pub. L. 91–656, Jan. 8, 1971, 84 (1)(A) There are authorized to be appropriated Stat. 1946, which enacted sections 5305 to 5308 and 5947 to the Office for the purposes of carrying out its of Title 5, Government Organization and Employees, functions the following: amended sections 5108, 5301, and 5942 of Title 5 and sec- (i) $32,300,000 for fiscal year 2003. tion 410 of Title 39, Postal Service, repealed section 5302 (ii) $33,108,000 for fiscal year 2004. of Title 5, and enacted provisions set out as notes under (B) Of the amounts authorized to be appro- sections 5303 and 5942 of Title 5, section 60a of Title 2, priated under subparagraph (A) for any fiscal The Congress, and section 410 of Title 39. For complete classification of the Act to the Code see Short Title year— note set out under section 5301 of Title 5 and Tables. (i) not to exceed $98,000 may be used for entertainment and representation expenses of CODIFICATION the Office; and Section is comprised of section 141 of Pub. L. 93–618. (ii) not to exceed $1,000,000 shall remain Section 141(b) of Pub. L. 93–618 contains two pars. (3), available until expended. the first of which amended sections 5312 and 5314 of (2) For the fiscal year beginning October 1, Title 5, Government Organization and Employees. 1982, and for each fiscal year thereafter, there AMENDMENTS are authorized to be appropriated to the Office for the salaries of its officers and employees 2004—Subsec. (b)(2). Pub. L. 108–429 realigned margins. 2002—Subsec. (g)(1)(A). Pub. L. 107–210, § 361(a)(1)(A), such additional sums as may be provided by law struck out ‘‘not to exceed’’ after ‘‘functions’’ in intro- to reflect pay rate changes made in accordance ductory provisions. with the Federal Pay Comparability Act of 1970. Subsec. (g)(1)(A)(i). Pub. L. 107–210, § 361(a)(1)(B), (3) By not later than the date on which the added cl. (i) and struck out former cl. (i) which read as President submits to Congress the budget of the follows: ‘‘$23,250,000 for fiscal year 1991.’’ United States Government for a fiscal year, the Subsec. (g)(1)(A)(ii). Pub. L. 107–210, § 361(a)(1)(C), United States Trade Representative shall sub- added cl. (ii) and struck out former cl. (ii) which read mit to the Committee on Ways and Means of the as follows: ‘‘$21,077,000 for fiscal year 1992.’’ House of Representatives and the Committee on Subsec. (g)(1)(B). Pub. L. 107–210, § 361(a)(2), inserted ‘‘and’’ at end of cl. (i), redesignated cl. (iii) as (ii), and Finance of the Senate the projected amount of struck out former cl. (ii) which read as follows: ‘‘not to funds for the succeeding fiscal year that will be exceed $2,050,000 may be used to pay the United States necessary for the Office to carry out its func- share of the expenses of binational panels and extraor- tions. dinary challenge committees convened pursuant to Page 485 TITLE 19—CUSTOMS DUTIES § 2171 chapter 19 of the United States-Canada Free-Trade ‘‘There are authorized to be appropriated to the Office Agreement; and’’. for the purpose of carrying out its functions $13,582,000 Subsec. (g)(3). Pub. L. 107–210, § 361(b), added par. (3). for fiscal year 1986; of which not to exceed $80,000 may 2000—Subsec. (b)(2). Pub. L. 106–200, § 406(1), amended be used for entertainment and representation ex- par. (2) generally. Prior to amendment, par. (2) read as penses.’’ follows: ‘‘There shall be in the Office three Deputy 1986—Subsec. (d)(1). Pub. L. 99–272, § 13023(1), inserted United States Trade Representatives who shall be ap- provision that not more than 20 individuals may be em- pointed by the President, by and with the advice and ployed without regard to any provision of law regulat- consent of the Senate. As an exercise of the rulemaking ing the employment or compensation at rates not to power of the Senate, any nomination of a Deputy exceed the rate of pay for level IV of the Executive United States Trade Representative submitted to the Schedule. Senate for confirmation, and referred to a committee, Subsec. (d)(6). Pub. L. 99–514, § 1887(a)(3), substituted shall be referred to the Committee on Finance. Each ‘‘1342 of title 31’’ for ‘‘3679(b) of the Revised Statutes (31 Deputy United States Trade Representative shall hold U.S.C. 665(b))’’. office at the pleasure of the President and shall have Subsec. (d)(8), (11). Pub. L. 99–514, § 1887(a)(4), redesig- the rank of Ambassador.’’ nated the par. (8) relating to the provision of copies of Subsec. (c)(5). Pub. L. 106–200, § 406(2), added par. (5). documents to persons at cost as par. (11). 1999—Subsec. (b)(3). Pub. L. 106–36 struck out ‘‘LIMI- Subsec. (f)(1). Pub. L. 99–272, § 13023(2), substituted TATION ON APPOINTMENTS.—’’ after ‘‘(3)’’ and realigned ‘‘$13,582,000 for fiscal year 1986’’ for ‘‘$14,179,000 for fiscal margins. year 1985’’. 1996—Subsec. (c)(1)(D). Pub. L. 104–295 struck out 1984—Subsec. (d)(6) to (8). Pub. L. 98–573, § 304(d)(2)(A), comma after ‘‘World Trade Organization,’’. which directed that a new par. (8), relating to the pro- 1995—Subsec. (b)(3). Pub. L. 104–65 added par. (3). vision of copies of documents to persons at cost, be 1994—Subsec. (c)(1)(C). Pub. L. 103–465, § 621(a)(8)(A), added to subsec. (d) by striking out ‘‘and’’ at the end of inserted ‘‘all negotiations on any matter considered par. (6), substituting ‘‘; and’’ for the period at the end under the auspices of the World Trade Organization,’’ of par. (7), and adding the new par. (8) at the end thereafter ‘‘including’’. of, was executed by adding the new par. (8) following Subsec. (c)(1)(D). Pub. L. 103–465, § 621(a)(8)(B), in- par. (10). Amendments to pars. (6) and (7) could not be serted ‘‘, including any matter considered under the executed. auspices of the World Trade Organization,’’ after ‘‘func- Subsec. (f)(1). Pub. L. 98–573, § 703, substituted provi- tions’’. sions authorizing appropriations of $14,179,000 for fiscal 1990—Subsec. (g)(1). Pub. L. 101–382 amended par. (1) year 1985, of which not more than $80,000 may be used generally. Prior to amendment, par. (1) read as follows: for entertainment and representation for provisions au- ‘‘(A) There are authorized to be appropriated for fis- thorizing appropriations of $11,100,000 for fiscal year cal year 1990 to the Office for the purposes of carrying 1983, of which not more than $65,000 could be used for out its functions not to exceed $19,651,000. entertainment and representation expenses. ‘‘(B) Of the amounts authorized to be appropriated 1983—Subsec. (a). Pub. L. 97–456, § 3(d)(1)(D), sub- under subparagraph (A) for fiscal year 1990— stituted ‘‘United States Trade Representative’’ for ‘‘(i) not to exceed $89,000 may be used for entertain- ‘‘Special Representative for Trade Negotiations’’. ment and representation expenses of the Office; and Subsec. (b)(1). Pub. L. 97–456, § 3(d)(1)(D), substituted ‘‘(ii) not to exceed $1,000,000 shall remain available ‘‘United States Trade Representative’’ for ‘‘Special until expended.’’ Representative for Trade Negotiations’’ wherever ap- 1989—Subsec. (g)(1). Pub. L. 101–207, in subpar. (A), pearing. Subsec. (b)(2). Pub. L. 97–456, § 3(c), (d)(2)(A), (B), sub- substituted ‘‘1990’’ for ‘‘1988’’ and ‘‘$19,651,000’’ for stituted ‘‘three Deputy United States Trade Represent- ‘‘$15,172,000’’, and in subpar. (B), substituted ‘‘1990’’ for atives’’ for ‘‘two Deputy Special Representatives for ‘‘1988’’ in introductory provisions, and ‘‘$89,000’’ for Trade Negotiations’’ after ‘‘in the Office’’, ‘‘a Deputy ‘‘$69,000’’ in cl. (i). 1988—Subsec. (c)(1). Pub. L. 100–418, § 1601(a)(1), United States Trade Representative’’ for ‘‘a Deputy amended par. (1) generally. Prior to amendment, par. Special Representative’’ after ‘‘any nomination of a’’, (1) read as follows: ‘‘The United States Trade Rep- and ‘‘Deputy United States Trade Representative’’ for resentative shall— ‘‘Deputy Special Representative for Trade Negotia- ‘‘(A) be the chief representative of the United tions’’ after ‘‘Each’’. Subsec. (c)(1). Pub. L. 97–456, § 3(d)(1)(D), substituted States for each trade negotiation under this sub- ‘‘United States Trade Representative’’ for ‘‘Special chapter or section 2411 of this title; Representative for Trade Negotiations’’ in provisions ‘‘(B) report directly to the President and the Con- preceding subpar. (A). gress, and be responsible to the President and the Subsec. (c)(2). Pub. L. 97–456, § 3(b)(1), added par. (2). Congress for the administration of trade agreements Former par. (2) redesignated (3). programs under this chapter, the Trade Expansion Subsec. (c)(3). Pub. L. 97–456, § 3(b)(1), (d)(2)(C), (D), re- Act of 1962 [19 U.S.C. 1801 et seq.], and section 1351 of designated former par. (2) as (3) and substituted ‘‘Dep- this title; uty United States Trade Representative’’ for ‘‘Deputy ‘‘(C) advise the President and Congress with respect Special Representative for Trade Negotiations’’ after to nontariff barriers to international trade, inter- ‘‘Each’’ and ‘‘United States Trade Representative’’ for national commodity agreements, and other matters ‘‘Special Representative for Trade Negotiations’’ after which are related to the trade agreements programs; ‘‘such other functions as the’’. ‘‘(D) be responsible for making reports to Congress Subsec. (d). Pub. L. 97–456, § 3(d)(1)(D), substituted with respect to the matter set forth in subparagraphs ‘‘United States Trade Representative’’ for ‘‘Special (A) and (B); Representative for Trade Negotiations’’ in provisions ‘‘(E) be chairman of the interagency trade organiza- preceding par. (1). tion established pursuant to section 242(a) of the Subsec. (d)(3). Pub. L. 97–456, § 3(b)(2), inserted Trade Expansion Act of 1962 [19 U.S.C. 1872(a)]; and ‘‘, powers and duties’’ after ‘‘functions’’. ‘‘(F) be responsible for such other functions as the Subsec. (d)(5). Pub. L. 97–456, § 3(d)(1)(D), substituted President may direct.’’ ‘‘United States Trade Representative’’ for ‘‘Special Subsec. (c)(2) to (4). Pub. L. 100–418, § 1601(a)(2), (3), Representative for Trade Negotiations’’. added par. (2) and redesignated former pars. (2) and (3) Subsec. (d)(8) to (10). Pub. L. 97–456, § 3(b)(3)–(5), added as (3) and (4), respectively. pars. (8) to (10). Subsecs. (d) to (g). Pub. L. 100–418, § 1601(b)(1), (2), Subsec. (e). Pub. L. 97–456, § 3(d)(1)(D), substituted added subsec. (d) and redesignated former subsecs. (d) ‘‘United States Trade Representative’’ for ‘‘Special to (f) as (e) to (g), respectively. Representative for Trade Negotiations’’. 1987—Subsec. (f)(1). Pub. L. 100–203 amended par. (1) Subsec. (f). Pub. L. 97–456, § 3(a), substituted provi- generally. Prior to amendment, par. (1) read as follows: sions authorizing for appropriation $11,100,000 for fiscal § 2171 TITLE 19—CUSTOMS DUTIES Page 486

1983, of which no more than $65,000 could be used for en- diplomatic title of Minister-Counselor to the senior tertainment and representation expenses, and authoriz- Commercial Officer assigned to any United States mis- ing for appropriation such additional sums as might be sion abroad with a limit on the number of Commercial provided in accordance with the Federal Pay Com- Service officers accorded such diplomatic title at any parability Act of 1970, for provisions authorizing for ap- time were contained in the following appropriation propriation necessary sums for fiscal 1976 and each fis- acts: cal year thereafter any part of which was within the Pub. L. 102–395, title II, Oct. 6, 1992, 106 Stat. 1852. five-year period beginning on Jan. 3, 1975. Pub. L. 102–140, title II, Oct. 28, 1991, 105 Stat. 802. Subsec. (g). Pub. L. 97–456, § 3(d)(1), struck out subsec. Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2103. (g) which abolished the Office of Special Representative Pub. L. 101–162, title I, Nov. 21, 1989, 103 Stat. 991. for Trade Negotiations and transferred its assets and Pub. L. 100–459, title I, Oct. 1, 1988, 102 Stat. 2189. obligations to the Office of United States Trade Rep- Pub. L. 100–202, § 101(a) [title I], Dec. 22, 1987, 101 Stat. resentative. 1329, 1329–3. Subsec. (h). Pub. L. 97–456, § 3(d)(1), struck out subsec. (h) which permitted any individual holding the position PLAN AMENDMENTS NOT REQUIRED UNTIL of Special Representative for Trade Negotiations or JANUARY 1, 1989 Deputy Special Representative for Trade Negotiations For provisions directing that if any amendments on Jan. 3, 1975, appointed with the advice and consent made by subtitle A or subtitle C of title XI [§§ 1101–1147 of the Senate, to continue to hold such position, and and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. provided for the transfer of personnel employed by the 99–514 require an amendment to any plan, such plan Office of Special Representative for Trade Negotiations amendment shall not be required to be made before the on Jan. 2, 1975, to the Office of United States Trade first plan year beginning on or after Jan. 1, 1989, see Representative. section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue FFECTIVE DATE OF 2002 AMENDMENT E Code. Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II REORGANIZATION PLAN NO. 3 OF 1979 of this chapter on or after the date that is 90 days after 44 F.R. 69273, 93 Stat. 1381, as amended Pub. L. Aug. 6, 2002, except as otherwise provided, see section 97–195, § 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 151 of Pub. L. 107–210, set out as a note preceding sec- 97–377, title I, § 122, Dec. 21, 1982, 96 Stat. 1913 tion 2271 of this title. Prepared by the President and transmitted to the Sen- EFFECTIVE DATE OF 1995 AMENDMENT ate and the House of Representatives in Congress assembled, September 25, 1979, pursuant to the provi- Amendment by Pub. L. 104–65 applicable with respect sions of chapter 9 of title 5 of the United States Code. to an individual appointed as United States Trade Rep- resentative or as a Deputy United States Trade Rep- REORGANIZATION OF FUNCTIONS RELATING TO resentative on or after Dec. 19, 1995, see section 21(c) of INTERNATIONAL TRADE Pub. L. 104–65, set out as a note under section 207 of SECTION 1. OFFICE OF THE UNITED STATES TRADE Title 18, Crimes and Criminal Procedure. REPRESENTATIVE EFFECTIVE DATE OF 1994 AMENDMENT (a) The Office of the Special Representative for Trade Amendment by Pub. L. 103–465 effective on the date Negotiations is redesignated the Office of the United on which the WTO Agreement enters into force with re- States Trade Representative. spect to the United States [Jan. 1, 1995], see section (b)(1) The Special Representative for Trade Negotia- 621(b) of Pub. L. 103–465, set out as a note under section tions is redesignated the United States Trade Rep- 1677k of this title. resentative (hereinafter referred to as the ‘‘Trade Rep- resentative’’). The Trade Representative shall have pri- CHIEF NEGOTIATOR FOR INTELLECTUAL PROPERTY mary responsibility, with the advice of the interagency ENFORCEMENT organization established under section 242 of the Trade Pub. L. 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. Expansion Act of 1962 (19 U.S.C. 1872) (hereinafter re- 2872, provided in part: ‘‘That there is established a posi- ferred to as the ‘‘Committee’’), for developing, and for tion of Chief Negotiator for Intellectual Property En- coordinating the implementation of, United States forcement.’’ international trade policy, including commodity matters and, to the extent they are related to international WAIVER OF PROVISIONS LIMITING APPOINTMENT OF trade policy, direct investment matters. The Trade TRADE REPRESENTATIVE Representative shall serve as the principal advisor to the President on international trade policy and shall Pub. L. 105–5, Mar. 17, 1997, 111 Stat. 11, provided: advise the President on the impact of other policies of ‘‘That notwithstanding the provisions of paragraph (3) the United States Government on international trade. of section 141(b) of the Trade Act of 1974 (19 U.S.C. (2) The Trade Representative shall have lead respon- 2171(b)(3)) or any other provision of law, the President, sibility for the conduct of international trade negotia- acting by and with the advice and consent of the Sen- tions, including commodity and direct investment ne- ate, is authorized to appoint Charlene Barshefsky as gotiations in which the United States participates. the United States Trade Representative.’’ (3) To the extent necessary to assure the coordination REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY of international trade policy, and consistent with any RATES other law, the Trade Representative, with the advice of the Committee, shall issue policy guidance to depart- References in laws to the rates of pay for GS–16, 17, ments and agencies on basic issues of policy and inter- or 18, or to maximum rates of pay under the General pretation arising in the exercise of the following inter- Schedule, to be considered references to rates payable national trade functions. Such guidance shall deter- under specified sections of Title 5, Government Organi- mine the policy of the United States with respect to zation and Employees, see section 529 [title I, § 101(c)(1)] international trade issues arising in the exercise of of Pub. L. 101–509, set out in a note under section 5376 such functions: of Title 5. (A) matters concerning the General Agreement on Tariffs and Trade, including implementation of the SENIOR COMMERCIAL OFFICERS TO HOLD TITLE OF trade agreements set forth in section 2(c) of the MINISTER-COUNSELOR; MAXIMUM NUMBER DESIGNATED Trade Agreements Act of 1979 [19 U.S.C. 2503(c)]; Provisions requiring the Secretary of State, upon the United States Government positions on trade and request of the Secretary of Commerce, to accord the commodity matters dealt with by the Organization Page 487 TITLE 19—CUSTOMS DUTIES § 2171

for Economic Cooperation and Development, the tors of the Overseas Private Investment Corporation. United Nations Conference on Trade and Develop- The Trade Representative shall be the Vice Chair of ment, and other multilateral organizations; and the such Board. assertion and protection of the rights of the United (b) There shall be an additional member of the Board States under bilateral and multilateral international of Directors of the Overseas Private Investment Cor- trade and commodity agreements; poration who shall be appointed by the President of the (B) expansion of exports from the United States; United States, by and with the advice and consent of (C) policy research on international trade, commod- the Senate, and who shall not be an official or em- ity, and direct investment matters; ployee of the Government of the United States. Such (D) to the extent permitted by law, overall United Director shall be appointed for a term of no more than States policy with regard to unfair trade practices, three years. including enforcement of countervailing duties and SEC. 5. TRANSFER OF FUNCTIONS antidumping functions under section 303 and title VII of the Tariff Act of 1930 [19 U.S.C. 1303, 1671 et seq.]; (a)(1) There are transferred to the Secretary all func- (E) bilateral trade and commodity issues, including tions of the Secretary of the Treasury, the General East-West trade matters; and Counsel of the Department of the Treasury, or the De- (F) international trade issues involving energy. partment of the Treasury pursuant to the following: (4) All functions of the Trade Representative shall be (A) section 305(b) of the Trade Agreements Act of conducted under the direction of the President. 1979 (19 U.S.C. 2515(b)), to be exercised in consultation (c) The Deputy Special Representatives for Trade Ne- with the Secretary of the Treasury; gotiations are redesignated Deputy United States (B) section 232 of the Trade Expansion Act of 1962 Trade Representatives. (19 U.S.C. 1862); (C) section 303 and title VII (including section 771(1) SEC. 2. DEPARTMENT OF COMMERCE [19 U.S.C. 1677(1)] of the Tariff Act of 1930 (19 U.S.C. (a) The Secretary of Commerce (hereinafter referred 1303, 1671 et seq.), except that the Customs Service of to as the ‘‘Secretary’’) shall have, in addition to any the Department of the Treasury shall accept such de- other functions assigned by law, general operational re- posits, bonds, or other security as deemed appro- sponsibility for major nonagricultural international priate by the Secretary, shall assess and collect such trade functions of the United States Government, in- duties as may be directed by the Secretary, and shall cluding export development, commercial representa- furnish such of its important records or copies there- tion abroad, the administration of the antidumping and of as may be requested by the Secretary incident to countervailing duty laws, export controls, trade adjust- the functions transferred by this subparagraph; ment assistance to firms and communities, research (D) sections 514, 515, and 516 of the Tariff Act of 1930 and analysis, and monitoring compliance with inter- (19 U.S.C. 1514, 1515, and 1516) insofar as they relate to national trade agreements to which the United States any protest, petition, or notice of desire to contest is a party. described in section 1002(b)(1) of the Trade Agree- (b)(1) There shall be in the Department of Commerce ments Act of 1979 [19 U.S.C. 1516a note]; (hereinafter referred to as the ‘‘Department’’) a Deputy (E) with respect to the functions transferred by Secretary appointed by the President, by and with the subparagraph (C) of this paragraph, section 318 of the advice and consent of the Senate. The Deputy Sec- Tariff Act of 1930 (19 U.S.C. 1318), to be exercised in retary shall receive compensation at the rate payable consultation with the Secretary of the Treasury; for Level II of the Executive Schedule [5 U.S.C. 5315], (F) with respect to the functions transferred by and shall perform such duties and exercise such powers subparagraph (C) of this paragraph, section 502(b) of as the Secretary may from time to time prescribe. the Tariff Act of 1930 (19 U.S.C. 1502(b)), and, insofar (2) The position of Under Secretary of Commerce es- as it provides authority to issue regulations and dis- tablished under section 1 of the Act of June 5, 1939 (ch. seminate information, to be exercised in consultation 180, 53 Stat. 808; 15 U.S.C. 1502) is abolished. with the Secretary of the Treasury to the extent that (c) There shall be in the Department an Under Sec- the Secretary of the Treasury has responsibility retary for International Trade appointed by the Presi- under subparagraph (C), section 502(a) of such Act (19 dent, by and with the advice and consent of the Senate. U.S.C. 1502(a)); The Under Secretary for International Trade shall re- (G) with respect to the functions transferred by ceive compensation at the rate payable for Level III of subparagraph (C) of this paragraph, section 617 of the the Executive Schedule [5 U.S.C. 5314], and shall per- Tariff Act of 1930 (19 U.S.C. 1617); and (H) section 2632(e) of title 28 of the United States form such duties and exercise such powers as the Sec- Code, insofar as it relates to actions taken by the retary may from time to time prescribe. Secretary reviewable under section 516A of the Tariff (d) There shall be in the Department two additional Act of 1930 (19 U.S.C. 1516(a)) [19 U.S.C. 1516a]. Assistant Secretaries appointed by the President, by (2) The Secretary shall consult with the Trade Rep- and with the advice and consent of the Senate. Each resentative regularly in exercising the functions trans- such Assistant Secretary shall perform such duties and ferred by subparagraph (C) of paragraph (1) of this sub- exercise such powers as the Secretary may from time section, and shall consult with the Trade Representa- to time prescribe. tive regarding any substantive regulation proposed to (e) There shall be in the Department of Commerce a be issued to enforce such functions. Director General of the United States and Foreign (b)(1) There are transferred to the Secretary all trade Commercial Services who shall be appointed by the promotion and commercial functions of the Secretary President, by and with the advice and consent of the of State or the Department of State that are— Senate, and shall receive compensation at the rate pre- (A) performed in full-time overseas trade promotion scribed by law for level IV of the Executive Schedule [5 and commercial positions; or U.S.C. 5315]. [As amended Pub. L. 97–195, § 1(c)(6), June (B) performed in such countries as the President 16, 1982, 96 Stat. 115; Pub. L. 97–377, title I, § 122, Dec. 21, may from time to time prescribe. 1982, 96 Stat. 1913.] (2) To carry out the functions transferred by paragraph (1) of this subsection, the President, to the ex- SEC. 3. EXPORT-IMPORT BANK OF THE UNITED STATES tent he deems it necessary, may authorize the Sec- The Trade Representative and the Secretary shall retary to utilize Foreign Service personnel authorities serve, ex officio and without vote, as additional mem- and to exercise the functions vested in the Secretary of bers of the Board of Directors of the Export-Import State by the Foreign Service Act of 1946 (22 U.S.C. 801 Bank of the United States. et seq.) [see 22 U.S.C. 3901 et seq.] and by any other laws with respect to personnel performing such functions. SEC. 4. OVERSEAS PRIVATE INVESTMENT CORPORATION (c) There are transferred to the President all func- (a) The Trade Representative shall serve, ex officio, tions of the East-West Foreign Trade Board under sec- as an additional voting member of the Board of Direc- tion 411(c) of the Trade Act of 1974 (19 U.S.C. 2441(c)). § 2171 TITLE 19—CUSTOMS DUTIES Page 488

(d) Appropriations available to the Department of international trade practices, taking into account the State for Fiscal Year 1980 for representation of the interests of all elements of our economy. United States concerning matters arising under the Recent developments, which have raised concern General Agreement on Tariffs and Trade and trade and about the vitality of our international trade perform- commodity matters dealt with under the auspices of ance, have focused much attention on the way our the United Nations Conference on Trade and Develop- trade machinery is organized. These developments in- ment are transferred to the Trade Representative. clude our negative trade balance, increasing depend- (e) There are transferred to the interagency organiza- ence upon foreign oil, and international pressures on tion established under section 242 of the Trade Expan- the dollar. New challenges, such as implementation of sion Act of 1962 (19 U.S.C. 1872) all functions of the the Multilateral Trade Negotiation (MTN) agreements East-West Foreign Trade Board under section 411(a) and trade with non-market economies, will further test and (b) of the Trade Act of 1974 (19 U.S.C. 2441(a) and our Government trade organization. (b)). We must be prepared to apply domestically the MTN codes on procurement, subsidies, standards, and cus- SEC. 6. ABOLITION toms valuation. We also must monitor major imple- The East-West Foreign Trade Board established mentation measures abroad, reporting back to Amer- under section 411 of the Trade Act of 1974 (19 U.S.C. ican business on important developments and, where 2441) is abolished. necessary, raising questions internationally about foreign implementation. MTN will work—will open new SEC. 7. RESPONSIBILITY OF THE SECRETARY OF STATE markets for U.S. labor, farmers, and business—only if Nothing in this reorganization plan is intended to we have adequate procedures for aggressively monitor- derogate from the responsibility of the Secretary of ing and enforcing it. We intend to meet our obligations, State for advising the President on foreign policy mat- and we expect others to do the same. ters, including the foreign policy aspects of inter- The trade machinery we now have cannot do this job national trade and trade-related matters: effectively. Although the Special Trade Representative (STR) takes the lead role in administering the trade SEC. 8. INCIDENTAL TRANSFERS; INTERIM OFFICERS agreements program, many issues are handled else- where and no agency has across-the-board leadership in (a) So much of the personnel, property, records, and trade. Aside from the Trade Representative and the Ex- unexpended balances of appropriations, allocations, and port-Import Bank, trade is not the primary concern of other funds employed, used, held, available, or to be any Executive branch agency where trade functions are made available in connection with the functions trans- located. The current arrangements lack a central au- ferred under this reorganization plan as the Director of thority capable of planning a coherent trade strategy the Office of Management and Budget shall determine and assuring its vigorous implementation. shall be transferred to the appropriate agency, organi- This reorganization is designed to correct such defi- zation, or component at such time or times as such Di- ciencies and to prepare us for strong enforcement of the rector shall provide, except that no such unexpended MTN codes. It aims to improve our export promotion balances transferred shall be used for purposes other activities so that United States exporters can take full than those for which the appropriation originally was advantage of trade opportunities in foreign markets. It made. The Director of the Office of Management and provides for the timely and efficient administration of Budget shall provide for terminating the affairs of any our unfair trade laws. It also establishes an efficient agency abolished herein and for such further measures mechanism for shaping an effective, comprehensive and dispositions as such Director deems necessary to United States trade policy. effectuate the purposes of the reorganization plan. To achieve these objectives, I propose to place policy (b) Pending the assumption of office by the initial of- coordination and negotiation—those international ficers provided for in section 2 of this reorganization trade functions that most require comprehensiveness, plan, the functions of each such office may be per- influence, and Government-wide perspective—in the formed, for up to a total of 60 days, by such individuals Executive Office of the President. I propose to place as the President may designate. Any individual so des- operational and implementation responsibilities, which ignated shall be compensated at the rate provided here- are staff-intensive, in line departments that have the in for such position. requisite resources and knowledge of the major sectors SEC. 9. EFFECTIVE DATE of our economy to handle them. I have concluded that building our trade structure on STR and Commerce, re- The provisions of this reorganization plan shall take spectively, best satisfies these considerations. effect October 1, 1980, or at such earlier time or times I propose to enhance STR, to be renamed the Office as the President shall specify, but not sooner than the of the United States Trade Representative, by cen- earliest time allowable under section 906 of title 5 of tralizing in it international trade policy development, the United States Code. coordination and negotiation functions. The Commerce [Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, Department will become the focus of non-agricultural section 2(b)(1) of this Reorg. Plan is effective Dec. 7, operational trade responsibilities by adding to its ex- 1979]. isting duties those for commercial representation [Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, abroad, antidumping and countervailing duty cases, the sections 1, 2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)–(e), 6–8 non-agricultural aspects of MTN implementation, na- of this Reorg. Plan are effective Jan. 2, 1980, and sec- tional security investigations, and embargoes. tion 5(b)(1) of this Reorg. Plan is effective Apr. 1, 1980]. THE UNITED STATES TRADE REPRESENTATIVE MESSAGE OF THE PRESIDENT The Trade Representative, with the advice of the To the Congress of the United States: Trade Policy Committee, will be responsible for devel- I transmit herewith Reorganization Plan No. 3 of oping and coordinating our international trade and di- 1979, to consolidate trade functions of the United rect investment policy, including the following areas: States Government. I am acting under the authority Import remedies.—The Trade Representative will exer- vested in me by the Reorganization Act of 1977, chapter cise policy oversight of the application of import rem- 9 of title 5 of the United States Code, and pursuant to edies, analyze long-term trends in import remedy cases section 1109 of the Trade Agreements Act of 1979 [19 and recommend any necessary legislative changes. For U.S.C. 2111 note] which directs that I transmit to the antidumping and countervailing duty matters, such co- Congress a proposal to restructure the international ordination, to the extent legally permissible, will be di- trade functions of the Executive branch. rected toward the establishment of new precedents, ne- The goal of this reorganization is to improve the ca- gotiation of assurances, and coordination with other pacity of the Government to strengthen the export per- trade matters, rather than case-by-case fact finding formance of United States industry and to assure fair and determinations. Page 489 TITLE 19—CUSTOMS DUTIES § 2171

East-West trade policy.—The Trade Representative will and the Boards of the Export-Import Bank and the have lead responsibility for East-West trade negotia- Overseas Private Investment Corporation. tions and will coordinate East-West trade policy. The In performing these functions, the Trade Representa- Trade Policy Committee will assume the responsibil- tive will act as the principal trade spokesman of the ities of the East-West Foreign Trade Board. President. To assure that our trade policies take into International investment policy.—The Trade Represent- account the broadest range of perspectives, the Trade ative will have the policy lead regarding issues of di- Representative will consult with the Trade Policy rect foreign investment in the United States, direct in- Committee, whose mandate and membership will be ex- vestment by Americans abroad, operations of multi- panded. The Trade Representative will, as appropriate, national enterprises, and multilateral agreements on invite agencies such as the Export-Import Bank and international investment, insofar as such issues relate the Overseas Private Investment Corporation to par- to international trade. ticipate in TPC meetings in addition to the permanent International commodity policy.—The Trade Represent- TPC members. When different departmental views on ative will assume responsibility for commodity nego- trade matters exist within the TPC as will be the case tiations and also will coordinate commodity policy. from time to time in this complex policy area, I will Energy trade.—While the Departments of Energy and expect the Trade Representative to resolve policy dis- State will continue to share responsibility for inter- agreements in his best judgment, subject to appeal to national energy issues, the Trade Representative will the President. coordinate energy trade matters. The Department of Energy will become a member of the TPC. THE DEPARTMENT OF COMMERCE Export-expansion policy.—To ensure a vigorous and The Department of Commerce, under this proposal, coordinated Government-wide export expansion effort, will become the focal point of operational responsibil- policy oversight of our export expansion activities will ities in the non-agricultural trade area. My reorganiza- be the responsibility of the Trade Representative. The Trade Representative will have the lead role in tion plan will transfer to the Commerce Department bilateral and multilateral trade, commodity, and direct important responsibilities for administration of coun- investment negotiations. The Trade Representative tervailing and antidumping matters, foreign commer- will represent the United States in General Agreement cial representation, and MTN implementation support. on Tariffs and Trade (GATT) matters. Since the GATT Consolidating these trade functions in the Department will be the principal international forum for imple- of Commerce builds upon an agency with extensive menting and interpreting the MTN agreements and trade experience. The Department will retain its oper- since GATT meetings, including committee and work- ational responsibilities in such areas as export con- ing group meetings, occur almost continuously, the trols, East-West trade, trade adjustment assistance to Trade Representative will have a limited number of firms and communities, trade policy analysis, and mon- permanent staff in Geneva. In some cases, it may be itoring foreign compliance with trade agreements. The necessary to assign a small number of USTR staff Department will be substantially reorganized to con- abroad to assist in oversight of MTN enforcement. In solidate and reshape its trade functions under an Under this event, appropriate positions will be authorized. In Secretary for International Trade. recognition of the responsibility of the Secretary of With this reorganization, trade functions will be State regarding our foreign policy, the activities of strengthened within the Department of Commerce, and overseas personnel of the Trade Representative and the such related efforts in the Department as improvement Commerce Department will be fully coordinated with of industrial innovation and the productivity, encour- other elements of our diplomatic missions. aging local and regional economic development, and In addition to his role with regard to GATT matters, sectoral analysis, will be closely linked to an aggres- the Trade Representative will have the lead respon- sive trade program. Fostering the international com- sibility for trade and commodity matters considered in petitiveness of American industry will become the the Organization for Economic Cooperation and Devel- principal mission of the Department of Commerce. opment (OECD) and the United Nations Conference on Import remedies Trade and Development (UNCTAD) when such matters I propose to transfer to the Department of Commerce are the primary issues under negotiation. Because of responsibility for administration of the countervailing the Secretary of State’s foreign policy responsibilities, duty and antidumping statutes. This function will be and the responsibilities of the Director of the Inter- performed efficiently and effectively in an organiza- national Development Cooperation Agency as the tional setting where trade is the primary mission. This President’s principal advisor on development, the activity will be directed by a new Assistant Secretary Trade Representative will exercise his OECD and for Trade Administration, subject to Senate confirma- UNCTAD responsibilities in close cooperation with tion. Although the plan permits its provisions to take these officials. effect as late as October 1, 1980, I intend to make this To ensure that all trade negotiations are handled transfer effective by January 1, 1980, so that it will consistently and that our negotiating leverage is em- occur as the new MTN codes take effect. Commerce will ployed to the maximum, the Trade Representative will continue its supportive role in the staffing of other un- manage the negotiation of particular issues. Where ap- fair trade practice issues, such as cases arising under propriate, the Trade Representative may delegate re- section 301 of the Trade Act of 1974 [19 U.S.C. 2411]. sponsibility for negotiations to other agencies with expertise on the issues under consideration. He will coor- Commercial representation dinate the operational aspects of negotiations through This reorganization plan will transfer to the Depart- a Trade Negotiating Committee, chaired by the Trade ment of Commerce responsibility for commercial rep- Representative and including the Departments of Com- resentation abroad. This transfer would place both do- merce, State, Treasury, Agriculture and Labor. mestic and overseas export promotion activities under The Trade Representative will be concerned not only a single organization, directed by an Assistant Sec- with ongoing negotiations and coordination of specific, retary for Export Development, charged with aggres- immediate issues, but also—very importantly—with sively expanding U.S. export opportunities. Placing the development of long-term United States trade this Foreign Commercial Service in the Commerce De- strategies and policies. He will oversee implementation partment will allow commercial officers to concentrate of the MTN agreements, and will advise the President on the promotion of U.S. exports as their principal ac- on the effects of other Government policies (e.g., anti- tivity. trust, taxation) on U.S. trade. In order to participate Initially, the transfer of commercial representation more fully in oversight of international investment and from State to Commerce will involve all full-time over- export financing activities, the Trade Representative seas trade promotion and commercial positions (ap- will become a member of the National Advisory Coun- proximately 162), responsibility for this function in the cil on International Monetary and Financial Policies countries (approximately 60) to which these individuals § 2171 TITLE 19—CUSTOMS DUTIES Page 490 are assigned, and the associated foreign national em- prehensive service industry representation in our in- ployees in those countries. Over time, the Department dustry advisory process, as well as a continuing effort of Commerce undoubtedly will review the deployment to bring services under international discipline. I ex- of commercial officers in light of changing trade cir- pect the Commerce Department to play a major role in cumstances and propose extensions or alterations of developing new service sector initiatives for consider- coverage of the Foreign Commercial Service. ation within the Government. MTN implementation After an investigation lasting over a year, I have found that this reorganization is necessary to carry out I am dedicated to the aggressive implementation of the policy set forth in section 901(a) of title 5 of the the Multilateral Trade Agreements. The United States United States Code. As described above, this reorga- must seize the opportunities and enforce the obliga- nization will increase significantly our ability to im- tions created by these agreements. Under this proposal, plement the MTN agreements efficiently and effec- the Department of Commerce will assign high priority tively and will improve greatly the services of the gov- to this task. The Department of Commerce will be re- ernment with regard to export development. These im- sponsible for the day-to-day implementation of non-ag- provements will be achieved with no increase in person- ricultural aspects of the MTN agreements. Manage- nel or expenditures, except for an annual expense of ment of this function will be a principal assignment of about $300,000 for the salaries and clerical support of an Assistant Secretary for Trade Policy and Programs. the three additional senior Commerce Department offi- Implementation activities will include: monitoring agreements and targeting problems cials and a non-recurring expense of approximately for consultation and negotiation; $600,000 in connection with the transfers of functions operating a Trade Complaint Center where the provided in the plan. I find that the reorganization private sector can receive advice as to the recourse made by this plan makes necessary the provisions for and remedies available; the appointment and pay of a Deputy Secretary, an aiding in the settlement of disputes, including Under Secretary for International Trade, and two addi- staffing of formal complaint cases; tional Assistant Secretaries of the Department of Com- identifying problem areas for consideration by merce, and additional members of the Boards of Direc- the Trade Representative and the Trade Policy tors of the Export-Import Bank and the Overseas Pri- Committee; vate Investment Corporation. It is indeed appropriate that this proposal follows so educational and promotion programs regarding soon after the overwhelming approval by the Congress the provisions of the agreements and the processes of the Trade Agreements Act of 1979 [19 U.S.C. 2501 et for dealing with problems that arise; seq.], for it will sharpen and unify trade policy direc- providing American business with basic information, improve the efficiency of trade law enforcement, tion on foreign laws, regulations and procedures; and enable us to negotiate abroad from a position of consultations with private sector advisory com- strength. The extensive discussions between Adminis- mittees; and tration officials and the Congress on this plan have general analytical support. been a model of the kind of cooperation that can exist These responsibilities will be handled by a unit built between the two branches. I look forward to our further around the staff from Commerce that provided essen- cooperation in successfully implementing both this re- tial analytical support to STR throughout the MTN ne- organization proposal and the MTN agreements. gotiation process. Building implementation of MTN around this core group will assure that the govern- JIMMY CARTER. ment’s institutional memory and expertise on MTN is THE WHITE HOUSE, September 25, 1979. most effectively devoted to the challenge ahead. When EXECUTIVE ORDER NO. 11143 American business needs information or encounters problems in the MTN area, it can turn to the Depart- Ex. Ord. No. 11143, Mar. 2, 1963, 29 F.R. 3127, as amendment of Commerce for knowledgeable assistance. ed by Ex. Ord. No. 11159, June 23, 1964, 29 F.R. 8137, for- Matching the increased importance of trade in the merly set out under section 1871 of this title, which es- Department’s mission will be a much strengthened tablished the Public Advisory Committee for Trade Ex- trade organization within the Department. By creating pansion, was revoked by Ex. Ord. No. 11425, Aug. 30, a number of new senior level positions in the Depart- 1968, 33 F.R. 12363, set out below. ment, we will ensure that trade policy implementation EXECUTIVE ORDER NO. 11425 receives the kind of day-to-day top management attention that it both demands and requires. Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, for- With its new responsibilities and resources, the De- merly set out under section 1871 of this title, which di- partment of Commerce will become a key participant rected the Special Representative for Trade Negotia- in the formulation of our trade policies. Much of the tions (established by Ex. Ord. No. 11075, Jan. 15, 1963, 28 analysis in support of trade policy formulation will be F.R. 473) to conduct a long range study of United States conducted by the Department of Commerce, which will foreign trade policy and to consider the views of Con- be close to the operational aspects of the problems that gress, the Public Advisory Committee on Trade Policy, raise policy issues. and other federal agencies; established the Public Advi- To succeed in global competition, we must have a sory Committee on Trade Policy for purposes of this better understanding of the problems and prospects of study; and abolished the Public Advisory Committee U.S. industry, particularly in relation to the growing for Trade Negotiations; was omitted in view of the rev- strength of industries abroad. This is the key reason ocation of Ex. Ord. No. 11075 by Ex. Ord. No. 11846, Mar. why we will upgrade sectoral analysis capabilities 27, 1975, 40 F.R. 14291, set out under section 2111 of this throughout the Department of Commerce, including title, and in view of the abolition of the Office of Spe- the creation of a new Bureau of Industrial Analysis. cial Representative for Trade Negotiations (as estab- Commerce, with its ability to link trade to policies af- lished under Ex. Ord. No. 11075) by section 2171(g) of fecting industry, is uniquely suited to serve as the prin- this title. cipal technical expert within the Government on spe- EX. ORD. NO. 12175. EFFECTIVE DATE OF SECTION 2(b)(1) cial industry sector problems requiring international OF REORGANIZATION PLAN NO. 3 OF 1979 RESPECTING consultation, as well as to provide industry-specific in- REORGANIZATION OF FUNCTIONS RELATING TO INTER- formation on how tax, regulatory and other Govern- NATIONAL TRADE ment policies affect the international competitiveness of the U.S. industries. Ex. Ord. No. 12175, Dec. 7, 1979, 44 F.R. 70703, provided: Commerce will also expand its traditional trade pol- By the authority vested in me as President of the icy focus on industrial issues to deal with the inter- United States of America by Section 9 of Reorganiza- national trade and investment problems of our growing tion Plan No. 3 of 1979 (transmitted to the Congress on services sector. Under the proposal, there will be com- September 25, 1979) [set out as a note above], the time Page 491 TITLE 19—CUSTOMS DUTIES § 2171 period prescribed by Section 906 of Title 5 of the United fied in section 1(b)(3) of Reorganization Plan No. 3 of States Code having elapsed without the adoption of a 1979 [set out as a note above]. resolution of disapproval by either House of Congress, (b) The Committee shall be composed of the follow- it is hereby ordered that Section 2(b)(1) of that Plan, ing: establishing the Office of Deputy Secretary of Com- (1) The Trade Representative, who shall be Chair merce, is effective immediately. (2) The Secretary of Commerce, who shall be Vice Chair JIMMY CARTER. (3) The Secretary of State EX. ORD. NO. 12188. FUNCTIONS RELATING TO (4) The Secretary of the Treasury INTERNATIONAL TRADE (5) The Secretary of Defense (6) The Attorney General Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, as amended (7) The Secretary of the Interior by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. (8) The Secretary of Agriculture Ord. No. 13118, § 10(6), Mar. 31, 1999, 64 F.R. 16598; Ex. (9) The Secretary of Labor Ord. No. 13286, § 50, Feb. 28, 2003, 68 F.R. 10628, provided: (10) The Secretary of Transportation By the authority vested in me by the Trade Agree- (11) The Secretary of Energy ments Act of 1979 [see 19 U.S.C. 2501], the Trade Act of (12) The Secretary of Homeland Security 1974 [this chapter], the Trade Expansion Act of 1962 [see (13) The Director of the Office of Management and Short Title note set out under section 1801 of this Budget title], section 350 of the Tariff Act of 1930 [19 U.S.C. (14) The Chairman of the Council of Economic Ad- 1351], Reorganization Plan No. 3 of 1979 [set out as a visers note above], and section 301 of title 3 of the United (15) The Assistant to the President for National Se- States Code, and as President of the United States, it curity Affairs (16) The Administrator of the United States Agency is hereby ordered as follows: for International Development. SECTION 1–101. The United States Trade Representative. The Chair and any member of the Committee may (a) Except as may be otherwise expressly provided by designate a subordinate officer whose status is not law, the United States Trade Representative (herein- below that of an Assistant Secretary to serve in his after referred to as the ‘‘Trade Representative’’) shall stead when he is unable to attend any meetings of the be chief representative of the United States for: Committee. The Chair may invite representatives from (1) all activities of, or under the auspices of, the other agencies to attend the meetings of the Commit- General Agreement on Tariffs and Trade; tee. (2) discussions, meetings, and negotiations in the (c)(1) There is established, as a subcommittee of the Organization for Economic Cooperation and Develop- Committee, a Trade Negotiating Committee which ment when trade or commodity issues are the pri- shall advise the Trade Representative on the manage- mary issues under consideration; ment of negotiations referred to in section 1–101(a) of (3) negotiations in the United Nations Conference this order. The members of such subcommittee shall be on Trade and Development and other multilateral in- the Trade Representative (Chair), the Secretary of stitutions when trade or commodity issues are the State, the Secretary of the Treasury, the Secretary of primary issues under consideration; Agriculture, the Secretary of Commerce, and the Sec- (4) other bilateral or multilateral negotiations retary of Labor. when trade, including East-West trade, or commod- (2) The Trade Representative, with the advice of the ities is the primary issue under consideration; Committee, may create additional subcommittees (5) negotiations under sections 704 and 734 of the thereof. Tariff Act of 1930 (19 U.S.C. 1671c and 1673c); and (d) In advising the President on international trade (6) negotiations concerning direct investment in- and related matters, the Trade Representative shall centives and disincentives and bilateral investment take into account and reflect the views of the members issues concerning barriers to investment. of the Committee and of other interested agencies. For purposes of this subsection, the term ‘‘negotia- SEC. 1–103. Delegation of Functions. tions’’ includes discussions and meetings with foreign (a) The function vested in the President by section governments and instrumentalities primarily concern- 412(b) of the Trade Agreements Act of 1979 (19 U.S.C. ing preparations for formal negotiations and policies 2542(b)) is delegated to the Secretary of Commerce with regarding implementation of agreements resulting regard to the technical office established under section from such negotiations. 412(a)(1) of such Act [19 U.S.C. 2542(a)(1)] and to the Sec- (b) The Trade Representative, in consultation with retary of Agriculture with regard to the technical of- the Trade Negotiating Committee, shall invite such fice established under section 412(a)(2) of such Act [19 members of the Trade Negotiating Committee and rep- U.S.C. 2542(a)(2)]. In prescribing the functions of each resentatives of other departments or agencies as may technical office, the Secretary concerned shall consult be appropriate to participate in the negotiations and with the Trade Representative and with all affected other activities listed in subsection (a). regulatory agencies. The functions delegated by this (c) The Trade Representative, in consultation with section shall be exercised in coordination with the the Trade Negotiating Committee, may delegate to any Trade Representative. member of the Trade Negotiating Committee, or to any (b) The functions of the President under sections 2(b) other appropriate department or agency, primary re- and 303 of the Trade Agreements Act of 1979 (19 U.S.C. sponsibility for representing the United States in any 2503(b) and 2513) and section 701(b) of the Tariff Act of of the negotiations and other activities set forth in 1930 (19 U.S.C. 1671(b)) are delegated to the Trade Rep- subsection (a). resentative, who shall exercise such authority with the (d) The Trade Representative, or any department or advice of the Trade Policy Committee. agency to which responsibility for representing the SEC. 1–104. Authority Under the Foreign Service Act and United States in a negotiation or other activity has Related Laws. been delegated pursuant to subsection (c), shall consult (a) The Secretary of Commerce (hereinafter referred with the Trade Policy Committee and with any affected to as the ‘‘Secretary’’) is authorized to establish a For- regulatory agencies on the policy issues arising in con- eign Commercial Service in the Department of Com- nection with the negotiations and other activities list- merce, and a category of career officers of the Foreign ed in subsection (a). Commercial Service to be known as Foreign Commer- SEC. 1–102. The Trade Policy Committee. cial Officers. For purposes of the utilization by the Sec- (a) As provided by section 242 of the Trade Expansion retary of the authorities granted to the Secretary Act of 1962 (19 U.S.C. 1872), the Trade Policy Committee under this section, the terms ‘‘Foreign Service’’ and (hereinafter referred to as the ‘‘Committee’’) is con- ‘‘Foreign Service Officer’’ shall be construed to mean tinued. The Committee shall have the functions speci- ‘‘Foreign Commercial Service’’ and ‘‘Foreign Commer- fied by law or by the President, including those speci- cial Officer,’’ respectively. § 2191 TITLE 19—CUSTOMS DUTIES Page 492

(b) [Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 other funds employed, used, held, available, or to be F.R. 13968.] made available in connection with functions trans- (c) The Board of the Foreign Service and the Board of ferred or reassigned by the provisions of this order as Examiners for the Foreign Service established by Exec- the Director of the Office of Management and Budget utive Order 11264 of December 31, 1965, as amended [22 shall determine shall be transferred or reassigned for U.S.C. 826 note], shall exercise with respect to Foreign use in connection with such functions. Service personnel of the Department of Commerce the SEC. 1–107. Effective Dates. functions delegated to them by that order with respect (a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4, 5(a), 5(b)(2), to Foreign Service personnel of the Department of 5(c) through (e), and 6 through 8 of Reorganization Plan State. The Boards shall perform such additional func- No. 3 of 1979 [set out as a note above] and the provisions tions with respect to Foreign Service personnel of the of this order, shall take effect as of January 2, 1980. Department of Commerce as the Secretary may from (b) Section 5(b)(1) of such plan [set out as a note time to time delegate or otherwise assign, consistent above] shall take effect as of April 1, 1980. with the functions of such boards. SEC. 1–105. Prior Executive Orders and Determination. PART 5—CONGRESSIONAL PROCEDURES WITH (a) Section 1(b) of Executive Order 11269 of February RESPECT TO PRESIDENTIAL ACTIONS 14, 1966, as amended [22 U.S.C. 286b note], is amended by adding ‘‘the United States Trade Representative,’’ after § 2191. Bills implementing trade agreements on ‘‘the Secretary of State,’’. (b)(1) Section 1 of Executive Order 11539 of June 30, nontariff barriers and resolutions approving 1970 [7 U.S.C. 1854 note], is amended to read as follows: commercial agreements with Communist ‘‘Section 1. The United States Trade Representative, countries with the concurrence of the Secretary of Agriculture and the Secretary of State, is authorized to negotiate (a) Rules of House of Representatives and Senate bilateral agreements with representatives of govern- This section and sections 2192 and 2193 of this ments of foreign countries limiting the export from the title are enacted by the Congress— respective countries and the importation into the (1) as an exercise of the rulemaking power of United States of— ‘‘(1) fresh, chilled, or frozen cattle meat, the House of Representatives and the Senate, ‘‘(2) fresh, chilled, or frozen meat of goats and sheep respectively, and as such they are deemed a (except lambs), and part of the rules of each House, respectively, ‘‘(3) prepared and preserved beef and veal (except sau- but applicable only with respect to the proce- sage) if articles are prepared, whether fresh, chilled, or dure to be followed in that House in the case frozen, but not otherwise preserved, that are the prod- of implementing bills described in subsection ucts of such countries.’’. (2) Section 4 of such order is amended by striking out (b)(1) of this section, implementing revenue ‘‘the Secretary of State’’ and inserting in lieu thereof bills described in subsection (b) (2) of this sec- ‘‘the United States Trade Representative’’. tion, approval resolutions described in sub- (c) The last sentence of section 1(a) of Executive section (b)(3) of this section, and resolutions Order 11651 of March 3, 1972, as amended [7 U.S.C. 1854 described in sections 2192(a) and 2193(a) of this note] is amended to read as follows: ‘‘The United States title; and they supersede other rules only to Trade Representative, or his designee, also shall be a the extent that they are inconsistent there- member of the Committee.’’. (d) The first sentence of section 3 of Executive Order with; and 11703 of February 7, 1973 [19 U.S.C. 1862 note], is amend- (2) with full recognition of the constitu- ed to read as follows: ‘‘The Oil Policy Committee shall tional right of either House to change the henceforth consist of the United States Trade Rep- rules (so far as relating to the procedure of resentative, chair, and the Secretaries of State, Treas- that House) at any time, in the same manner ury, Defense, the Interior, Commerce and Energy, the and to the same extent as in the case of any Attorney General, and the Chairman of the Council of other rule of that House. Economic Advisers, as members.’’. (e) Sections 2(b) and 3(a), the first sentence of section (b) Definitions 3(c), and sections 3(e), 3(f), and 6 of Executive Order For purposes of this section— 11846 of March 27, 1975, as amended [19 U.S.C. 2111 note], are revoked. (1) The term ‘‘implementing bill’’ means (f)(1) Section 1(a)(5) of Executive Order 11858 of May only a bill of either House of Congress which 7, 1975 [50 U.S.C. App. 2170 note], is amended to read: is introduced as provided in subsection (c) of ‘‘(5) The United States Trade Representative’’. this section with respect to one or more trade (2) Section 1(a)(6) of such order is amended to read: agreements, or with respect to an extension ‘‘(6) The Chairman of the Council of Economic Advis- described in section 3572(c)(3) of this title, sub- ers’’. (g) Executive Order 12096 of November 2, 1978, is re- mitted to the House of Representatives and voked. the Senate under section 2112 of this title, sec- (h) The last paragraph of the Presidential Determina- tion 3572 of this title, or section 3805(a)(1) of tion Regarding the Acceptance and Application of Cer- this title and which contains— tain International Trade Agreements (dated December (A) a provision approving such trade agree- 14, 1979) (44 FR 74781, at 74784; December 18, 1979) [19 ment or agreements or such extension, U.S.C. 2503 note], delegating functions under section (B) a provision approving the statement of 2(b) of the Trade Agreements Act of 1979 [19 U.S.C. administrative action (if any) proposed to 2503(b)] and section 701(b) of the Tariff Act of 1930 [19 U.S.C. 1671b], is revoked. implement such trade agreement or agree- (i) Any reference to the Office of the Special Rep- ments, and resentative for Trade Negotiations or to the Special (C) if changes in existing laws or new stat- Representative for Trade Negotiations in any Execu- utory authority is required to implement tive order, Proclamation, or other document shall be such trade agreement or agreements or such deemed to refer to the Office of the United States Trade extension, provisions, necessary or appro- Representative or to the United States Trade Rep- priate to implement such trade agreement resentative, respectively. SEC. 1–106. Incidental Transfers and Reassignments. or agreements or such extension, either re- So much of the personnel, property, records, and un- pealing or amending existing laws or provid- expended balances of appropriations, allocations, and ing new statutory authority. Page 493 TITLE 19—CUSTOMS DUTIES § 2191

(2) The term ‘‘implementing revenue bill or on Ways and Means and the approval resolution resolution’’ means an implementing bill, or introduced in the Senate shall be referred to the approval resolution, which contains one or Committee on Finance. more revenue measures by reason of which it must originate in the House of Representa- (d) Amendments prohibited tives. No amendment to an implementing bill or ap- (3) The term ‘‘approval resolution’’ means proval resolution shall be in order in either the only a joint resolution of the two Houses of House of Representatives or the Senate; and no the Congress, the matter after the resolving motion to suspend the application of this subclause of which is as follows: ‘‘That the Con- section shall be in order in either House, nor gress approves the extension of nondiscrim- shall it be in order in either House for the Pre- inatory treatment with respect to the prod- siding Officer to entertain a request to suspend ucts of llll transmitted by the President the application of this subsection by unanimous to the Congress on llll.’’, the first blank consent. space being filled with the name of the country involved and the second blank space being (e) Period for committee and floor consideration filled with the appropriate date. (1) Except as provided in paragraph (2), if the (c) Introduction and referral committee or committees of either House to (1) On the day on which a trade agreement or which an implementing bill or approval resolu- extension is submitted to the House of Rep- tion has been referred have not reported it at resentatives and the Senate under section 2112 of the close of the 45th day after its introduction, this title, section 3572 of this title, or section such committee or committees shall be auto- 3805(a)(1) of this title, the implementing bill sub- matically discharged from further consideration mitted by the President with respect to such of the bill or resolution and it shall be placed on trade agreement or extension shall be intro- the appropriate calendar. A vote on final pas- duced (by request) in the House by the majority sage of the bill or resolution shall be taken in leader of the House, for himself and the minor- each House on or before the close of the 15th day ity leader of the House, or by Members of the after the bill or resolution is reported by the House designated by the majority leader and mi- committee or committees of that House to nority leader of the House; and shall be intro- which it was referred, or after such committee duced (by request) in the Senate by the majority or committees have been discharged from fur- leader of the Senate, for himself and the minor- ther consideration of the bill or resolution. If ity leader of the Senate, or by Members of the prior to the passage by one House of an imple- Senate designated by the majority leader and menting bill or approval resolution of that minority leader of the Senate. If either House is House, that House receives the same implement- not in session on the day on which such a trade ing bill or approval resolution from the other agreement or extension is submitted, the imple- House, then— menting bill shall be introduced in that House, (A) the procedure in that House shall be the as provided in the preceding sentence, on the same as if no implementing bill or approval first day thereafter on which that House is in resolution had been received from the other session. Such bills shall be referred by the Pre- House, but siding Officers of the respective Houses to the (B) the vote on final passage shall be on the appropriate committee, or, in the case of a bill implementing bill or approval resolution of containing provisions within the jurisdiction of the other House. two or more committees, jointly to such com- (2) The provisions of paragraph (1) shall not mittees for consideration of those provisions apply in the Senate to an implementing revenue within their respective jurisdictions. bill or resolution. An implementing revenue bill (2) On the day on which a bilateral commercial or resolution received from the House shall be agreement, entered into under subchapter IV of referred to the appropriate committee or com- this chapter after January 3, 1975, is transmitted mittees of the Senate. If such committee or to the House of Representatives and the Senate, committees have not reported such bill or reso- an approval resolution with respect to such lution at the close of the 15th day after its re- agreement shall be introduced (by request) in ceipt by the Senate (or, if later, before the close the House by the majority leader of the House, of the 45th day after the corresponding imple- for himself and the minority leader of the menting revenue bill or resolution was intro- House, or by Members of the House designated duced in the Senate), such committee or com- by the majority leader and minority leader of mittees shall be automatically discharged from the House; and shall be introduced (by request) further consideration of such bill or resolution in the Senate by the majority leader of the Sen- and it shall be placed on the calendar. A vote on ate, for himself and the minority leader of the final passage of such bill or resolution shall be Senate, or by Members of the Senate designated taken in the Senate on or before the close of the by the majority leader and minority leader of 15th day after such bill or resolution is reported the Senate. If either House is not in session on by the committee or committees of the Senate the day on which such an agreement is trans- to which it was referred, or after such commit- mitted, the approval resolution with respect to tee or committees have been discharged from such agreement shall be introduced in that further consideration of such bill or resolution. House, as provided in the preceding sentence, on (3) For purposes of paragraphs (1) and (2), in the first day thereafter on which that House is computing a number of days in either House, in session. The approval resolution introduced there shall be excluded any day on which that in the House shall be referred to the Committee House is not in session. § 2192 TITLE 19—CUSTOMS DUTIES Page 494

(f) Floor consideration in the House implementing bill or approval resolution is not (1) A motion in the House of Representatives in order. to proceed to the consideration of an imple- (Pub. L. 93–618, title I, § 151, Jan. 3, 1975, 88 Stat. menting bill or approval resolution shall be 2001; Pub. L. 100–418, title I, § 1107(b)(1), Aug. 23, highly privileged and not debatable. An amend- 1988, 102 Stat. 1135; Pub. L. 101–382, title I, ment to the motion shall not be in order, nor § 132(b)(2), Aug. 20, 1990, 104 Stat. 645; Pub. L. shall it be in order to move to reconsider the 103–465, title II, § 282(c)(4), Dec. 8, 1994, 108 Stat. vote by which the motion is agreed to or dis- 4929; Pub. L. 107–210, div. B, title XXI, § 2110(a)(1), agreed to. Aug. 6, 2002, 116 Stat. 1019.) (2) Debate in the House of Representatives on an implementing bill or approval resolution AMENDMENTS shall be limited to not more than 20 hours, 2002—Subsec. (b)(1). Pub. L. 107–210, § 2110(a)(1)(A), which shall be divided equally between those fa- substituted ‘‘section 3572 of this title, or section voring and those opposing the bill or resolution. 3805(a)(1) of this title’’ for ‘‘section 2903(a)(1) of this A motion further to limit debate shall not be de- title, or section 3572 of this title’’ in introductory pro- batable. It shall not be in order to move to revisions. Subsec. (c)(1). Pub. L. 107–210, § 2110(a)(1)(B), subcommit an implementing bill or approval reso- stituted ‘‘, section 3572 of this title, or section 3805(a)(1) lution or to move to reconsider the vote by of this title’’ for ‘‘or section 3572 of this title’’. which an implementing bill or approval resolu- 1994—Subsec. (b)(1). Pub. L. 103–465, § 282(c)(4)(A), in tion is agreed to or disagreed to. introductory provisions, inserted ‘‘, or with respect to (3) Motions to postpone, made in the House of an extension described in section 3572(c)(3) of this Representatives with respect to the consider- title,’’ after ‘‘trade agreements’’ and substituted ation of an implementing bill or approval reso- ‘‘, section 2903(a)(1) of this title, or section 3572 of this lution, and motions to proceed to the consider- title’’ for ‘‘or section 2903(a)(1) of this title’’, and in subpars. (A) and (C), inserted ‘‘or such extension’’ after ation of other business, shall be decided without ‘‘agreements’’ wherever appearing. debate. Subsec. (c)(1). Pub. L. 103–465, § 282(c)(4)(B), inserted (4) All appeals from the decisions of the Chair ‘‘or section 3572 of this title’’ after ‘‘section 2112 of this relating to the application of the Rules of the title’’ and ‘‘or extension’’ after ‘‘agreement’’ wherever House of Representatives to the procedure relat- appearing. ing to an implementing bill or approval resolu- 1990—Subsec. (b)(2). Pub. L. 101–382, § 132(b)(2)(A), (B), tion shall be decided without debate. inserted ‘‘or resolution’’ after ‘‘revenue bill’’ and ‘‘, or (5) Except to the extent specifically provided approval resolution,’’ after ‘‘implementing bill’’. in the preceding provisions of this subsection, Subsec. (b)(3). Pub. L. 101–382, § 132(b)(2)(C), substituted ‘‘joint’’ for ‘‘concurrent’’. consideration of an implementing bill or ap- Subsec. (e)(2). Pub. L. 101–382, § 132(b)(2)(D), (E), sub- proval resolution shall be governed by the Rules stituted ‘‘revenue bill or resolution’’ for ‘‘revenue bill’’ of the House of Representatives applicable to in three places and ‘‘such bill or resolution’’ for ‘‘such other bills and resolutions in similar circum- bill’’ in five places. stances. 1988—Subsec. (b)(1). Pub. L. 100–418 inserted reference (g) Floor consideration in the Senate to section 2903(a)(1) of this title. (1) A motion in the Senate to proceed to the EFFECTIVE DATE OF 1994 AMENDMENT consideration of an implementing bill or ap- Amendment by Pub. L. 103–465 effective, except as proval resolution shall be privileged and not de- otherwise provided, on the date on which the WTO batable. An amendment to the motion shall not Agreement enters into force with respect to the United be in order, nor shall it be in order to move to States [Jan. 1, 1995], and applicable with respect to in- reconsider the vote by which the motion is vestigations, reviews, and inquiries initiated and peti- agreed to or disagreed to. tions filed under specified provisions of subtitle IV (2) Debate in the Senate on an implementing (§ 1671 et seq.) of chapter 4 of this title after such date, see section 291 of Pub. L. 103–465, set out as a note bill or approval resolution, and all debatable under section 1671 of this title. motions and appeals in connection therewith, shall be limited to not more than 20 hours. The § 2192. Resolutions disapproving certain actions time shall be equally divided between, and controlled by, the majority leader and the minority (a) Contents of resolutions leader or their designees. (1) For purposes of this section, the term ‘‘res- (3) Debate in the Senate on any debatable mo- olution’’ means only— tion or appeal in connection with an implement- (A) a joint resolution of the two Houses of ing bill or approval resolution shall be limited the Congress, the matter after the resolving to not more than 1 hour, to be equally divided clause of which is as follows: ‘‘That the Con- between, and controlled by, the mover and the gress does not approve the action taken by, or manager of the bill or resolution, except that in the determination of, the President under sec- the event the manager of the bill or resolution tion 203 of the Trade Act of 1974 transmitted to is in favor of any such motion or appeal, the the Congress on lll.’’, the blank space being time in opposition thereto, shall be controlled filled with the appropriate date; and by the minority leader or his designee. Such (B) a joint resolution of the two Houses of leaders, or either of them, may, from time under Congress, the matter after the resolving their control on the passage of an implementing clause of which is as follows: ‘‘That the Con- bill or approval resolution, allot additional time gress does not approve lll transmitted to to any Senator during the consideration of any the Congress on lll.’’, with the first blank debatable motion or appeal. space being filled in accordance with para- (4) A motion in the Senate to further limit de- graph (2), and the second blank space being bate is not debatable. A motion to recommit an filled with the appropriate date. Page 495 TITLE 19—CUSTOMS DUTIES § 2192

(2) The first blank space referred to in para- (3) Motions to postpone, made in the House of graph (1)(B) shall be filled, in the case of a reso- Representatives with respect to the consider- lution referred to in section 2437(c)(2) of this ation of a resolution, and motions to proceed to title, with the phrase ‘‘the report of the Presi- the consideration of other business, shall be de- dent submitted under section lll of the Trade cided without debate. Act of 1974 with respect to lll’’ (with the first (4) All appeals from the decisions of the Chair blank space being filled with ‘‘402(b)’’ or relating to the application of the Rules of the ‘‘409(b)’’, as appropriate, and the second blank House of Representatives to the procedure relat- space being filled with the name of the country ing to a resolution shall be decided without de- involved). bate. (5) Except to the extent specifically provided (b) Reference to committees in the preceding provisions of this subsection, All resolutions introduced in the House of consideration of a resolution in the House of Representatives shall be referred to the Com- Representatives shall be governed by the Rules mittee on Ways and Means and all resolutions of the House of Representatives applicable to introduced in the Senate shall be referred to the other resolutions in similar circumstances. Committee on Finance. (e) Floor consideration in the Senate (c) Discharge of committees (1) A motion in the Senate to proceed to the (1) If the committee of either House to which consideration of a resolution shall be privileged. a resolution has been referred has not reported An amendment to the motion shall not be in it at the end of 30 days after its introduction, order, nor shall it be in order to move to recon- not counting any day which is excluded under sider the vote by which the motion is agreed to section 2194(b) of this title, it is in order to move or disagreed to. either to discharge the committee from further (2) Debate in the Senate on a resolution, and consideration of the resolution or to discharge all debatable motions and appeals in connection the committee from further consideration of therewith, shall be limited to not more than 20 any other resolution introduced with respect to hours, to be equally divided between, and con- the same matter, except that a motion to dis- trolled by, the majority leader and the minority charge— leader or their designees. (A) may only be made on the second legisla- (3) Debate in the Senate on any debatable motive day after the calendar day on which the tion or appeal in connection with a resolution Member making the motion announces to the shall be limited to not more than 1 hour, to be House his intention to do so; and equally divided between, and controlled by, the (B) is not in order after the Committee 1 has mover and the manager of the resolution, except reported a resolution with respect to the same that in the event the manager of the resolution matter. is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled (2) A motion to discharge under paragraph (1) by the minority leader or his designee. Such may be made only by an individual favoring the leaders, or either of them, may, from time under resolution, and is highly privileged in the House their control on the passage of a resolution, and privileged in the Senate; and debate thereon allot additional time to any Senator during the shall be limited to not more than 1 hour, the consideration of any debatable motion or ap- time to be divided in the House equally between peal. those favoring and those opposing the resolu- (4) A motion in the Senate to further limit de- tion, and to be divided in the Senate equally be- bate on a resolution, debatable motion, or ap- tween, and controlled by, the majority leader peal is not debatable. No amendment to, or mo- and the minority leader or their designees. An tion to recommit, a resolution is in order in the amendment to the motion is not in order, and it Senate. is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (f) Procedures in the Senate (1) Except as otherwise provided in this sec- (d) Floor consideration in the House tion, the following procedures shall apply in the (1) A motion in the House of Representatives Senate to a resolution to which this section ap- to proceed to the consideration of a resolution plies: shall be highly privileged and not debatable. An (A)(i) Except as provided in clause (ii), a res- amendment to the motion shall not be in order, olution that has passed the House of Rep- nor shall it be in order to move to reconsider the resentatives shall, when received in the Sen- vote by which the motion is agreed to or dis- ate, be referred to the Committee on Finance agreed to. for consideration in accordance with this sec- (2) Debate in the House of Representatives on tion. a resolution shall be limited to not more than 20 (ii) If a resolution to which this section ap- hours, which shall be divided equally between plies was introduced in the Senate before re- those favoring and those opposing the resolu- ceipt of a resolution that has passed the House tion. A motion further to limit debate shall not of Representatives, the resolution from the be debatable. No amendment to, or motion to re- House of Representatives shall, when received commit, the resolution shall be in order. It shall in the Senate, be placed on the calendar. If not be in order to move to reconsider the vote this clause applies, the procedures in the Sen- by which a resolution is agreed to or disagreed ate with respect to a resolution introduced in to. the Senate that contains the identical matter as the resolution that passed the House of 1 So in original. Probably should not be capitalized. Representatives shall be the same as if no res- § 2192 TITLE 19—CUSTOMS DUTIES Page 496

olution had been received from the House of subpar. (B) read as follows: ‘‘a resolution of either Representatives, except that the vote on pas- House of the Congress, the matter after the resolving sage in the Senate shall be on the resolution clause of which is as follows: ‘That the lll does not that passed the House of Representatives. approve lll transmitted to the Congress on lll.’, (B) If the Senate passes a resolution before with the first blank space being filled with the name of the resolving House, the second blank space being filled receiving from the House of Representatives a in accordance with paragraph (2), and the third blank joint resolution that contains the identical space being filled with the appropriate date.’’ matter, the joint resolution shall be held at Subsec. (a)(2). Pub. L. 101–382, § 132(c)(3), substituted the desk pending receipt of the joint resolu- ‘‘first’’ for ‘‘second’’ in introductory provisions and tion from the House of Representatives. Upon ‘‘2437(c)(2)’’ for ‘‘2437(c)(3)’’ in subpar. (C), redesignated receipt of the joint resolution from the House subpar. (C) as (B), and struck out former subpar. (B) of Representatives, such joint resolution shall which read as follows: ‘‘in the case of a resolution re- be deemed to be read twice, considered, read ferred to in section 2437(c)(2) of this title, with the phrase ‘the extension of nondiscriminatory treatment the third time, and passed. with respect to the products of lll’ (with this blank (2) If the texts of joint resolutions described in space being filled with the name of the country in- this section or section 2193(a) of this title, volved); and’’. whichever is applicable, concerning any matter Subsec. (c)(1). Pub. L. 101–382, § 132(c)(4), substituted ‘‘except that a motion to discharge— are not identical— ‘‘(A) may only be made on the second legislative (A) the Senate shall vote passage on the res- day after the calendar day on which the Member olution introduced in the Senate, and making the motion announces to the House his inten- (B) the text of the joint resolution passed by tion to do so; and the Senate shall, immediately upon its pas- ‘‘(B) is not in order after the Committee has re- sage (or, if later, upon receipt of the joint res- ported a resolution with respect to the same matter’’ olution passed by the House), be substituted for ‘‘except no motion to discharge shall be in order for the text of the joint resolution passed by after the committee has reported a resolution with the House of Representatives, and such resolu- respect to the same matter’’. tion, as amended, shall be returned with a re- Subsec. (f). Pub. L. 101–382, § 132(c)(5), amended subsec. (f) generally. Prior to amendment, subsec. (f) read quest for a conference between the two as follows: ‘‘In the case of a resolution described in sub- Houses. section (a)(1) of this section, if prior to the passage by (3) Consideration in the Senate of any veto one House of a resolution of that House, that House re- message with respect to a joint resolution de- ceives a resolution with respect to the same matter from the other House, then— scribed in subsection (a)(2)(B) of this section or ‘‘(1) the procedure in that House shall be the same section 2193(a) of this title, including consider- as if no resolution had been received from the other ation of all debatable motions and appeals in House; but connection therewith, shall be limited to 10 ‘‘(2) the vote on final passage shall be on the resolu- hours, to be equally divided between, and con- tion of the other House.’’ trolled by, the majority leader and the minority 1984—Subsec. (a)(1)(A). Pub. L. 98–573 substituted leader or their designees. ‘‘joint resolution’’ for ‘‘concurrent resolution’’. 1979—Subsec. (a)(1)(A). Pub. L. 96–39, § 902(a)(1)(A), (Pub. L. 93–618, title I, § 152, Jan. 3, 1975, 88 Stat. substituted ‘‘does not approve the action taken by, or 2004; Pub. L. 96–39, title IX, § 902(a)(1), title XI, the determination of, the President under section 203 of § 1106(c)(5), July 26, 1979, 93 Stat. 299, 312; Pub. L. the Trade Act of 1974 transmitted to the Congress on 98–573, title II, § 248(b), Oct. 30, 1984, 98 Stat. 2998; lll.’, the blank space being filled with the appro- Pub. L. 101–382, title I, § 132(c)(2)–(5), Aug. 20, priate date’’ for ‘‘does not approve lll transmitted 1990, 104 Stat. 646, 647; Pub. L. 103–465, title II, to the Congress on lll.’, the first blank space being filled in accordance with paragraph (2) and the second § 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat. 4909; Pub. blank space being filled with the appropriate date’’. L. 104–295, § 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.) Subsec. (a)(1)(B). Pub. L. 96–39, § 902(a)(1)(B), sub- REFERENCES IN TEXT stituted ‘‘paragraph (2),’’ for ‘‘paragraph (3),’’. Subsec. (a)(2), (3). Pub. L. 96–39, § 902(a)(1)(C), (D), re- Section 203 of the Trade Act of 1974, referred to in designated par. (3) as (2). Former par. (2), relating to subsec. (a)(1)(A), is section 203 of Pub. L. 93–618, title II, the first blank space referred to in subsec. (a)(1)(A), was Jan. 3, 1975, 88 Stat. 2015, which is classified to section struck out. 2253 of this title. Subsec. (c)(1). Pub. L. 96–39, § 1106(c)(5), substituted Sections 402(b) and 409(b) of the Trade Act of 1974, re- ‘‘section 2194(b) of this title’’ for ‘‘section 2193(b) of this ferred to in subsec. (a)(2)(C), are sections 402(b) and title’’. 409(b) of Pub. L. 93–618, title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively, which are classified to sections EFFECTIVE DATE OF 1994 AMENDMENT 2432 and 2439 of this title, respectively. Amendment by Pub. L. 103–465 effective on the effec- AMENDMENTS tive date of title II of Pub. L. 103–465, Jan. 1, 1995, see 1996—Subsec. (a)(2). Pub. L. 104–295 amended directory section 261(d)(2) of Pub. L. 103–465, set out as a note language of Pub. L. 103–465. See 1994 Amendment note under section 1315 of this title. below. EFFECTIVE DATE OF 1990 AMENDMENT 1994—Subsec. (a)(2). Pub. L. 103–465, as amended by Pub. L. 104–295, substituted comma for ‘‘as follows:’’ Amendment by section 132(c)(4) and (5) of Pub. L. after ‘‘shall be filled’’ in introductory provisions, 101–382 applicable with respect to recommendations struck out ‘‘(B)’’ before ‘‘in the case’’, and struck out made under section 2432(d) of this title by the President subpar. (A) which read as follows: ‘‘in the case of a res- after May 23, 1990, see section 132(d) of Pub. L. 101–382, olution referred to in section 1303(e) of this title, with set out as a note under section 2432 of this title. the phrase ‘the determination of the Secretary of the EFFECTIVE DATE OF 1984 AMENDMENT Treasury under section 303(d) of the Tariff Act of 1930’; and’’. Amendment by Pub. L. 98–573 effective on 15th day 1990—Subsec. (a)(1)(B). Pub. L. 101–382, § 132(c)(2), after Oct. 30, 1984, see section 214(a), (b) of Pub. L. amended subpar. (B) generally. Prior to amendment, 98–573, set out as a note under section 1304 of this title. Page 497 TITLE 19—CUSTOMS DUTIES § 2193

EFFECTIVE DATE OF 1979 AMENDMENT (c) Consideration of second resolution not in Amendment by Pub. L. 96–39 effective July 26, 1979, order see sections 903 and 1114 of Pub. L. 96–39, set out as Ef- It shall not be in order in either the House of fective Date notes under sections 2411 and 2581 of this Representatives or the Senate to consider a res- title, respectively. olution with respect to a recommendation of the § 2193. Resolutions relating to extension of waiv- President under section 2432(d) of this title er authority under section 402 of the Trade (other than a resolution described in subsection Act of 1974 (a) of this section received from the other House), if that House has adopted a resolution (a) Contents of resolution with respect to the same recommendation. For purposes of this section, the term ‘‘resolu- (d) Procedures relating to conference reports in tion’’ means only a joint resolution of the two the Senate Houses of Congress, the matter after the resolving clause of which is as follows: ‘‘That the Con- (1) Consideration in the Senate of the congress does not approve the extension of the au- ference report on any joint resolution described thority contained in section 402(c) of the Trade in subsection (a) of this section, including con- Act of 1974 recommended by the President to the sideration of all amendments in disagreement Congress on lll with respect to lll.’’, with (and all amendments thereto), and consideration the first blank space being filled with the appro- of all debatable motions and appeals in connec- priate date, and the second blank space being tion therewith, shall be limited to 10 hours, to filled with the names of those countries, if any, be equally divided between, and controlled by, with respect to which such extension of author- the majority leader and the minority leader or ity is not approved, and with the clause begin- their designees. Debate on any debatable motion ning with ‘‘with respect to’’ being omitted if the or appeal related to the conference report shall extension of the authority is not approved with be limited to 1 hour, to be equally divided be- respect to any country. tween, and controlled by, the mover and the (b) Application of rules of section 2192 of this manager of the conference report. title; exceptions (2) In any case in which there are amendments in disagreement, time on each amendment shall (1) Except as provided in this section, the pro- be limited to 30 minutes, to be equally divided visions of section 2192 of this title shall apply to between, and controlled by, the manager of the resolutions described in subsection (a) of this conference report and the minority leader or his section. designee. No amendment to any amendment in (2) In applying section 2192(c)(1) of this title, disagreement shall be received unless it is a ger- all calendar days shall be counted. (3) That part of section 2192(d)(2) of this title mane amendment. which provides that no amendment is in order (Pub. L. 93–618, title I, § 153, Jan. 3, 1975, 88 Stat. shall not apply to any amendment to a resolu- 2006; Pub. L. 101–382, title I, § 132(a)(3)–(6), Aug. tion which is limited to striking out or inserting 20, 1990, 104 Stat. 644, 645.) the names of one or more countries or to strik- REFERENCES IN TEXT ing out or inserting a with-respect-to clause. De- bate in the House of Representatives on any Section 402 of the Trade Act of 1974, referred to in amendment to a resolution shall be limited to catchline and subsec. (a), is classified to section 2432 of this title. not more than 1 hour which shall be equally divided between those favoring and those opposing AMENDMENTS the amendment. A motion in the House to fur- 1990—Subsec. (a). Pub. L. 101–382, § 132(a)(3), amended ther limit debate on an amendment to a resolu- subsec. (a) generally. Prior to amendment, subsec. (a) tion is not debatable. read as follows: ‘‘For purposes of this section, the term (4) That part of section 2192(e)(4) of this title ‘resolution’ means only— which provides that no amendment is in order ‘‘(1) a concurrent resolution of the two Houses of shall not apply to any amendment to a resolu- the Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the tion which is limited to striking out or inserting extension of the authority contained in section the names of one or more countries or to strik- 402(c)(1) of the Trade Act of 1974 recommended by the ing out or inserting a with-respect-to clause. President to the Congress on lll, except with re- The time limit on a debate on a resolution in spect to lll.’, with the first blank space being the Senate under section 2192(e)(2) of this title filled with the appropriate date and the second blank shall include all amendments to a resolution. space being filled with the names of those countries, Debate in the Senate on any amendment to a if any, with respect to which such extension of au- resolution shall be limited to not more than 1 thority is not approved, and with the except clause being omitted if there is no such country; and hour, to be equally divided between, and con- ‘‘(2) a resolution of either House of the Congress, trolled by, the mover and the manager of the the matter after the resolving clause of which is as resolution, except that in the event the manager follows: ‘That the lll does not approve the exten- of the resolution is in favor of any such amend- sion of the authority contained in section 402(c) of ment, the time in opposition thereto shall be the Trade Act of 1974 recommended by the President controlled by the minority leader or his des- to the Congress on lll with respect to lll.’, with ignee. The majority leader and minority leader the first blank space being filled with the name of the may, from time under their control on the pas- resolving House, the second blank space being filled sage of a resolution, allot additional time to any with the appropriate date, and the third blank space being filled with the names of those countries, if any, Senator during the consideration of any amend- with respect to which such extension of authority is ment. A motion in the Senate to further limit not approved, and with the with-respect-to clause debate on an amendment to a resolution is not being omitted if the extension of the authority is not debatable. approved with respect to any country.’’ § 2194 TITLE 19—CUSTOMS DUTIES Page 498

Subsec. (b). Pub. L. 101–382, § 132(a)(4), in par. (2), EFFECTIVE DATE OF 1979 AMENDMENT struck out provisions substituting 20 days for 30 days in Amendment by Pub. L. 96–39 effective July 26, 1979, resolution related to section 2432(d)(4) of this title, and see section 903 of Pub. L. 96–39, set out as an Effective in pars. (3) and (4), struck out provisions relating to ex- Date note under section 2411 of this title. cept clause in resolutions under subsec. (a)(1) and provisions identifying with-respect-to clause as relating to PART 6—CONGRESSIONAL LIAISON AND REPORTS resolutions under subsec. (a)(2). Subsec. (c). Pub. L. 101–382, § 132(a)(5), substituted § 2211. Congressional advisers for trade policy ‘‘subsection (a)’’ for ‘‘subsection (a)(1)’’. and negotiations Subsec. (d). Pub. L. 101–382, § 132(a)(6), added subsec. (d). (a) Selection (1) At the beginning of each regular session of EFFECTIVE DATE OF 1990 AMENDMENT Congress, the Speaker of the House of Rep- Amendment by Pub. L. 101–382 applicable with re- resentatives, upon the recommendation of the spect to recommendations made under section 2432(d) chairman of the Committee on Ways and Means, of this title by the President after May 23, 1990, see sec- shall select 5 members (not more than 3 of whom tion 132(d) of Pub. L. 101–382, set out as a note under are members of the same political party) of such section 2432 of this title. committee, and the President pro tempore of the Senate, upon the recommendation of the § 2194. Special rules relating to Congressional chairman of the Committee on Finance, shall se- procedures lect 5 members (not more than 3 of whom are members of the same political party) of such (a) Delivery of documents to both Houses committee, who shall be designated congres- Whenever, pursuant to section 2112(e), 2253(b), sional advisers on trade policy and negotiations. 2432(d), or 2437(a) or (b), a document is required They shall provide advice on the development of to be transmitted to the Congress, copies of such trade policy and priorities for the implementa- document shall be delivered to both Houses of tion thereof. They shall also be accredited by Congress on the same day and shall be delivered the United States Trade Representative on be- to the Clerk of the House of Representatives if half of the President as official advisers to the the House is not in session and to the Secretary United States delegations to international con- of the Senate if the Senate is not in session. ferences, meetings, and negotiating sessions relating to trade agreements. (b) Computation of 90-day period (2)(A) In addition to the advisers designated For purposes of sections 2253(c) and 2437(c)(2) under paragraph (1) from the Committee on of this title, the 90-day period referred to in such Ways and Means and the Committee on Fi- sections shall be computed by excluding— nance— (1) the days on which either House is not in (i) the Speaker of the House may select addi- session because of an adjournment of more tional members of the House, for designation than 3 days to a day certain or an adjourn- as congressional advisers regarding specific ment of the Congress sine die, and trade policy matters or negotiations, from any (2) any Saturday and Sunday, not excluded other committee of the House or joint com- under paragraph (1), when either House is not mittee of Congress that has jurisdiction over in session. legislation likely to be affected by such matters or negotiations; and (Pub. L. 93–618, title I, § 154, Jan. 3, 1975, 88 Stat. (ii) the President pro tempore of the Senate 2008; Pub. L. 96–39, title IX, § 902(a)(2), July 26, may select additional members of the Senate, 1979, 93 Stat. 300; Pub. L. 101–382, title I, for designation as congressional advisers re- § 132(c)(6), Aug. 20, 1990, 104 Stat. 647; Pub. L. garding specific trade policy matters or nego- 103–465, title II, § 261(d)(1)(A)(iii), Dec. 8, 1994, 108 tiations, from any other committee of the Stat. 4909; Pub. L. 106–36, title I, § 1001(a)(5), June Senate or joint committee of Congress that 25, 1999, 113 Stat. 130.) has jurisdiction over legislation likely to be affected by such matters or negotiations. AMENDMENTS 1999—Subsec. (b). Pub. L. 106–36 substituted ‘‘For pur- Members of the House and Senate selected as poses of sections 2253(c) and 2437(c)(2) of this title, the congressional advisers under this subparagraph 90-day period’’ for ‘‘For purposes of sections 2253(c), and shall be accredited by the United States Trade 2437(c)(2) of this title, the 90-day period’’ in introduc- Representative. tory provisions. (B) Before designating any member under sub- 1994—Subsec. (a). Pub. L. 103–465 struck out reference paragraph (A), the Speaker or the President pro to section 1303(e) of this title. tempore shall consult with— 1990—Subsec. (b). Pub. L. 101–382, which directed the (i) the chairman and ranking member of the substitution of ‘‘and 2437(c)(2)’’ for ‘‘2437(c)(2) and Committee on Ways and Means or the Com- 2437(c)(3)’’, was executed by making the substitution mittee on Finance, as appropriate; and for ‘‘2437(c)(2), and 2437(c)(3)’’ to reflect the probable in- (ii) the chairman and ranking minority tent of Congress. 1979—Subsec. (a). Pub. L. 96–39 struck out reference to member of the committee from which the section 2412(a) of this title. member will be selected. Subsec. (b). Pub. L. 96–39 struck out reference to sec- (C) Not more than 3 members (not more than tion 2412(b) of this title. 2 of whom are members of the same political party) may be selected under this paragraph as EFFECTIVE DATE OF 1994 AMENDMENT advisers from any committee of Congress. Amendment by Pub. L. 103–465 effective on the effec- (b) Briefing tive date of title II of Pub. L. 103–465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103–465, set out as a note (1) The United States Trade Representative under section 1315 of this title. shall keep each official adviser designated under Page 499 TITLE 19—CUSTOMS DUTIES § 2213 subsection (a)(1) of this section currently in- which had related to Congressional delegates to nego- formed on matters affecting the trade policy of tiations, and changing the structure of the section the United States and, with respect to possible from one consisting of subsecs. (a) and (b) to one consisting of subsecs. (a) to (c). agreements, negotiating objectives, the status 1979—Subsec. (b)(1). Pub. L. 96–39 substituted ‘‘trade of negotiations in progress, and the nature of agreement or any requirement of, amendment to, or any changes in domestic law or the administra- recommendation under, such agreement’’ for ‘‘trade tion thereof which may be recommended to Con- agreement’’. gress to carry out any trade agreement or any requirement of, amendment to, or recommenda- § 2212. Transmission of agreements to Congress tion under, such agreement. (a) Submission of copy and reasons (2) The United States Trade Representative As soon as practicable after a trade agreement shall keep each official adviser designated under entered into under section 2133 or 2134 of this subsection (a)(2) of this section currently in- title or under section 3803 of this title has en- formed regarding the trade policy matters and tered into force with respect to the United negotiations with respect to which the adviser is States, the President shall, if he has not pre- designated. viously done so, transmit a copy of such trade (3)(A) The chairmen of the Committee on agreement to each House of the Congress to- Ways and Means and the Committee on Finance gether with a statement, in the light of the ad- may designate members (in addition to the offi- vice of the International Trade Commission cial advisers under subsection (a)(1) of this sec- under section 2151(b) of this title, if any, and of tion) and staff members of their respective com- other relevant considerations, of his reasons for mittees who shall have access to the informa- entering into the agreement. tion provided to official advisers under paragraph (1). (b) Submission to each member (B) The Chairman 1 of any committee of the The President shall transmit to each Member House or Senate or any joint committee of Con- of the Congress a summary of the information gress from which official advisers are selected required to be transmitted to each House under under subsection (a)(2) of this section may des- subsection (a) of this section. For purposes of ignate other members of such committee, and this subsection, the term ‘‘Member’’ includes staff members of such committee, who shall any Delegate or Resident Commissioner. have access to the information provided to offi- (Pub. L. 93–618, title I, § 162, Jan. 3, 1975, 88 Stat. cial advisers under paragraph (2). 2008; Pub. L. 100–647, title IX, § 9001(a)(10), Nov. (c) Committee consultation 10, 1988, 102 Stat. 3807; Pub. L. 107–210, div. B, The United States Trade Representative shall title XXI, § 2110(a)(6), Aug. 6, 2002, 116 Stat. 1020.) consult on a continuing basis with the Commit- AMENDMENTS tee on Ways and Means of the House of Rep- resentatives, the Committee on Finance of the 2002—Subsec. (a). Pub. L. 107–210 substituted ‘‘or Senate, and the other appropriate committees of under section 3803 of this title’’ for ‘‘or under section 2902 of this title’’. the House and Senate on the development, im- 1988—Subsec. (a). Pub. L. 100–647 struck out ‘‘part 1 of plementation, and administration of overall this subchapter or’’ after ‘‘entered into under’’, and in- trade policy of the United States. Such con- serted ‘‘or under section 2902 of this title’’ after ‘‘2134 sultations shall include, but are not limited to, of this title’’. the following elements of such policy: EFFECTIVE DATE OF 1988 AMENDMENT (1) The principal multilateral and bilateral negotiating objectives and the progress being Amendment by Pub. L. 100–647 applicable as if such made toward their achievement. amendment took effect on Aug. 23, 1988, see section (2) The implementation, administration, and 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- effectiveness of recently concluded multi- tion 58c of this title. lateral and bilateral trade agreements and resolution of trade disputes. DELEGATION OF AUTHORITY (3) The actions taken, and proposed to be For delegation of functions of President under div. B taken, under the trade laws of the United of Pub. L. 107–210, amending this section, see section 1 States and the effectiveness, or anticipated ef- of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out fectiveness, of such actions in achieving trade as a note under section 3801 of this title. policy objectives. § 2213. Reports (4) The important developments and issues in other areas of trade for which there must be (a) Annual report on trade agreements program developed proper policy response. and national trade policy agenda When necessary, meetings shall be held with (1) The President shall submit to the Congress each Committee 1 in executive session to review during each calendar year (but not later than matters under negotiation. March 1 of that year) a report on— (A) the operation of the trade agreements (Pub. L. 93–618, title I, § 161, Jan. 3, 1975, 88 Stat. program, and the provision of import relief 2008; Pub. L. 96–39, § 3(e), July 26, 1979, 93 Stat. and adjustment assistance to workers and 150; Pub. L. 100–418, title I, § 1632, Aug. 23, 1988, firms, under this chapter during the preceding 102 Stat. 1269.) calendar year; and AMENDMENTS (B) the national trade policy agenda for the 1988—Pub. L. 100–418 amended section generally, sub- year in which the report is submitted. stituting present provisions for similar provisions (2) The report shall include, with respect to the matters referred to in paragraph (1)(A), in- 1 So in original. Probably should not be capitalized. formation regarding— § 2213 TITLE 19—CUSTOMS DUTIES Page 500

(A) new trade negotiations; ‘‘Trade Representative’’) and other appropriate (B) changes made in duties and nontariff officials of the United States Government shall barriers and other distortions of trade of the consult periodically with the appropriate com- United States; mittees of the Congress regarding the annual ob- (C) reciprocal concessions obtained; jectives and priorities set forth in each national (D) changes in trade agreements (including trade policy agenda with respect to— the incorporation therein of actions taken for (i) the status and results of the actions that import relief and compensation provided have been undertaken to achieve the objec- therefor); tives and priorities; and (E) the extension or withdrawal of non- (ii) any development which may require, or discriminatory treatment by the United result in, changes to any of such objectives or States with respect to the products of foreign priorities. countries; (b) Annual trade projection report (F) the extension, modification, withdrawal, suspension, or limitation of preferential treat- (1) In order for the Congress to be informed of ment to exports of developing countries; the impact of foreign trade barriers and macro- (G) the results of actions to obtain the re- economic factors on the balance of trade of the moval of foreign trade restrictions (including United States, the Trade Representative and the discriminatory restrictions) against United Secretary of the Treasury shall jointly prepare States exports and the removal of foreign and submit to the Committee on Finance of the practices which discriminate against United Senate and the Committee on Ways and Means States service industries (including transpor- of the House of Representatives (hereafter re- tation and tourism) and investment; ferred to in this subsection as the ‘‘Commit- (H) the measures being taken to seek the re- tees’’) on or before March 1 of each year a report moval of other significant foreign import re- which consists of— strictions; (A) a review and analysis of— (I) each of the referrals made under section (i) the merchandise balance of trade, 2171(d)(1)(B) of this title and any action taken (ii) the goods and services balance of trade, with respect to such referral; (iii) the balance on the current account, (J) other information relating to the trade (iv) the external debt position, agreements program and to the agreements (v) the exchange rates, entered into thereunder; and (vi) the economic growth rates, (K) the number of applications filed for ad- (vii) the deficit or surplus in the fiscal justment assistance for workers and firms, the budget, and number of such applications which were ap- (viii) the impact on United States trade of proved, and the extent to which adjustment market barriers and other unfair practices, assistance has been provided under such ap- of countries that are major trading partners of proved applications. the United States, including, as appropriate, (3)(A) The national trade policy agenda re- groupings of such countries; quired under paragraph (1)(B) for the year in (B) projections for each of the economic fac- which a report is submitted shall be in the form tors described in subparagraph (A) (except of a statement of— those described in clauses (v) and (viii)) for (i) the trade policy objectives and priorities each of the countries and groups of countries of the United States for the year, and the rea- referred to in subparagraph (A) for the year in sons therefor; which the report is submitted and for the suc- (ii) the actions proposed, or anticipated, to ceeding year; and be undertaken during the year to achieve such (C) conclusions and recommendations, based objectives and priorities, including, but not upon the projections referred to in subpara- limited to, actions authorized under the trade graph (B), for policy changes, including trade laws and negotiations with foreign countries; policy, exchange rate policy, fiscal policy, and (iii) any proposed legislation necessary or other policies that should be implemented to appropriate to achieve any of such objectives improve the outlook. or priorities; and (2) To the extent that subjects referred to in (iv) the progress that was made during the paragraph (1)(A), (B), or (C) are covered in the preceding year in achieving the trade policy national trade policy agenda required under sub- objectives and priorities included in the state- section (a)(1)(B) of this section or in other re- ment provided for that year under this para- ports required by this chapter or other law, the graph. Trade Representative and the Secretary of the (B) The President may separately submit any Treasury may, as appropriate, draw on the infor- information referred to in subparagraph (A) to mation, analysis, and conclusions, if any, in the Congress in confidence if the President con- those reports for the purposes of preparing the siders confidentiality appropriate. report required by this subsection. (C) Before submitting the national trade pol- (3) The Trade Representative and the Sec- icy agenda for any year, the President shall seek retary of the Treasury shall consult with the advice from the appropriate advisory commit- Chairman of the Board of Governors of the Fed- tees established under section 2155 of this title eral Reserve System in the preparation of each and shall consult with the appropriate commit- report required under this subsection. tees of the Congress. (4) The Trade Representative and the Sec- (D) The United States Trade Representative retary of the Treasury may separately submit (hereafter referred to in this section as the any information, analysis, or conclusion re- Page 501 TITLE 19—CUSTOMS DUTIES § 2213 ferred to in paragraph (1) to the Committees in ‘‘(6) The United States is once again at a critical confidence if the Trade Representative and the juncture in trade policy development. The nature of Secretary consider confidentiality appropriate. the United States trade deficit and its causes and (5) After submission of each report required consequences must be analyzed and documented. ‘‘(c) ESTABLISHMENT OF COMMISSION.— under paragraph (1), the Trade Representative ‘‘(1) ESTABLISHMENT.—There is established a com- and the Secretary of the Treasury shall consult mission to be known as the Trade Deficit Review with each of the Committees with respect to the Commission (hereafter in this section referred to as report. the ‘Commission’). ‘‘(2) PURPOSE.—The purpose of the Commission is to (c) ITC reports study the nature, causes, and consequences of the The United States International Trade Com- United States merchandise trade and current account mission shall submit to the Congress, at least deficits. once a year, a factual report on the operation of ‘‘(3) MEMBERSHIP OF COMMISSION.— the trade agreements program. ‘‘(A) COMPOSITION.—The Commission shall be composed of 12 members as follows: (Pub. L. 93–618, title I, § 163, Jan. 3, 1975, 88 Stat. ‘‘(i) Three persons shall be appointed by the 2009; Pub. L. 100–418, title I, § 1641, Aug. 23, 1988, President pro tempore of the Senate upon the rec- 102 Stat. 1271.) ommendation of the Majority Leader of the Sen- ate, after consultation with the Chairman of the REFERENCES IN TEXT Committee on Finance. ‘‘(ii) Three persons shall be appointed by the This chapter, referred to in subsecs. (a)(1)(A) and (b), President pro tempore of the Senate upon the rec- was in the original ‘‘this Act’’, meaning Pub. L. 93–618, ommendation of the Minority Leader of the Sen- Jan. 3, 1975, 88 Stat. 1978, as amended, which is classi- ate, after consultation with the ranking minority fied principally to this chapter. For complete classi- member of the Committee on Finance. fication of this Act to the Code, see References in Text ‘‘(iii) Three persons shall be appointed by the note set out under section 2101 of this title and Tables. Speaker of the House of Representatives, after consultation with the Chairman of the Commit- AMENDMENTS tee on Ways and Means. 1988—Pub. L. 100–418 amended section generally, com- ‘‘(iv) Three persons shall be appointed by the pletely revising and expanding provisions covering re- Minority Leader of the House of Representatives, ports, changing the structure of the section from one after consultation with the ranking minority consisting of subsecs. (a) and (b) to one consisting of member of the Committee on Ways and Mean. subsecs. (a) to (c). ‘‘(B) QUALIFICATIONS OF MEMBERS.— ‘‘(i) APPOINTMENTS.—Persons who are appointed DELEGATION OF FUNCTIONS under subparagraph (A) shall be persons who— Memorandum of President of the United States, Mar. ‘‘(I) have expertise in economics, inter- 1, 2004, 69 F.R. 10133, provided: national trade, manufacturing, labor, environ- Memorandum for the United States Trade Represent- ment, business, or have other pertinent quali- ative fications or experience; and By the authority vested in me as President by the ‘‘(II) are not officers or employees of the Constitution and the laws of the United States, includ- United States. ing section 301 of title 3, United States Code, I hereby ‘‘(ii) OTHER CONSIDERATIONS.—In appointing delegate to you the functions conferred upon the Presi- Commission members, every effort shall be made dent by section 163 of the Trade Act of 1974, as amended to ensure that the members— (19 U.S.C. 2213), to provide the specified report to the ‘‘(I) are representative of a broad cross-sec- Congress. tion of economic and trade perspectives within You are authorized and directed to publish this the United States; and memorandum in the Federal Register. ‘‘(II) provide fresh insights to analyzing the causes and consequences of United States mer- GEORGE W. BUSH. chandise trade and current account deficits. TRADE DEFICIT REVIEW COMMISSION ‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— ‘‘(A) IN GENERAL.—Members shall be appointed Pub. L. 105–277, div. A, § 127, Oct. 21, 1998, 112 Stat. not later than 60 days after the date of enactment 2681–547, as amended by Pub. L. 106–57, title III, § 311, of this Act [Oct. 21, 1998] and the appointment shall Sept. 29, 1999, 113 Stat. 427; Pub. L. 106–246, div. B, title be for the life of the Commission. II, § 2501, July 13, 2000, 114 Stat. 556; Pub. L. 107–107, div. ‘‘(B) VACANCIES.—Any vacancy in the Commission A, title X, § 1048(i)(10), Dec. 28, 2001, 115 Stat. 1229, pro- shall not affect its powers, but shall be filled in the vided that: same manner as the original appointment. ‘‘(a) SHORT TITLE.—This section may be cited as the ‘‘(5) INITIAL MEETING.—Not later than 30 days after ‘Trade Deficit Review Commission Act’. the date on which all members of the Commission ‘‘(b) FINDINGS.—Congress makes the following find- have been appointed, the Commission shall hold its ings: first meeting. ‘‘(1) The United States continues to run substantial ‘‘(6) MEETINGS.—The Commission shall meet at the merchandise trade and current account deficits. call of the Chairperson. ‘‘(2) Economic forecasts anticipate continued ‘‘(7) CHAIRPERSON AND VICE CHAIRPERSON.—The growth in such deficits in the next few years. members of the Commission shall elect a chairperson ‘‘(3) The positive net international asset position and vice chairperson from among the members of the that the United States built up over many years was Commission. eliminated in the 1980s. The United States today has ‘‘(8) QUORUM.—A majority of the members of the become the world’s largest debtor nation. Commission shall constitute a quorum for the trans- ‘‘(4) The United States merchandise trade deficit is action of business. characterized by large bilateral trade imbalances ‘‘(9) VOTING.—Each member of the Commission with a handful of countries. shall be entitled to 1 vote, which shall be equal to the ‘‘(5) The United States has one of the most open vote of every other member of the Commission. borders and economies in the world. The United ‘‘(d) DUTIES OF THE COMMISSION.— States faces significant tariff and nontariff trade bar- ‘‘(1) IN GENERAL.—The Commission shall be respon- riers with its trading partners. The United States sible for examining the nature, causes, and conse- does not benefit from fully reciprocal market access. quences of, and the accuracy of available data on, the § 2213 TITLE 19—CUSTOMS DUTIES Page 502

United States merchandise trade and current account partners may impact on United States merchandise deficits. trade and current account deficits. ‘‘(2) ISSUES TO BE ADDRESSED.—The Commission ‘‘(G) The impact that currency exchange rate shall examine and report to the President, the Com- fluctuations and any manipulation of exchange mittee on Ways and Means of the House of Represent- rates may have on United States merchandise trade atives, the Committee on Finance of the Senate, and and current account deficits. other appropriate committees of Congress on the fol- ‘‘(H) The flow of investments both into and out of lowing: the United States, including— ‘‘(A) The relationship of the merchandise trade ‘‘(i) any consequences for the United States and current account balances to the overall well- economy of the current status of the United being of the United States economy, and to wages States as a debtor nation; and employment in various sectors of the United ‘‘(ii) any relationship between such investment States economy. flows and the United States merchandise trade ‘‘(B) The impact that United States monetary and and current account deficits and living standards fiscal policies may have on United States merchan- of United States workers; dise trade and current account deficits. ‘‘(iii) any impact such investment flows may ‘‘(C) The extent to which the coordination, alloca- have on United States labor, community, envi- tion, and accountability of trade responsibilities ronmental, and health and safety standards, and among Federal agencies may contribute to the how such investment flows influence the location trade and current account deficits. of manufacturing facilities; and ‘‘(D) The causes and consequences of the mer- ‘‘(iv) the effect of barriers to United States for- chandise trade and current account deficits and eign direct investment in developed and develop- specific bilateral trade deficits, including— ing nations, particularly nations with which the ‘‘(i) identification and quantification of— United States has a merchandise trade and cur- ‘‘(I) the macroeconomic factors and bilateral rent account deficit. trade barriers that may contribute to the ‘‘(e) FINAL REPORT.— United States merchandise trade and current ‘‘(1) IN GENERAL.—Not later than 15 months after account deficits; the date of the initial meeting of the Commission, ‘‘(II) any impact of the merchandise trade and the Commission shall submit to the President and current account deficits on the domestic econ- Congress a final report which contains— omy, industrial base, manufacturing capacity, ‘‘(A) the findings and conclusions of the Commis- technology, number and quality of jobs, produc- sion described in subsection (d); and tivity, wages, and the United States standard of ‘‘(B) recommendations for addressing the prob- living; lems identified as part of the Commission’s analy- ‘‘(III) any impact of the merchandise trade sis. and current account deficits on the defense pro- ‘‘(2) SEPARATE VIEWS.—Any member of the Commis- duction and innovation capabilities of the sion may submit additional findings and recom- United States; and mendations as part of the final report. ‘‘(IV) trade deficits within individual indus- ‘‘(f) POWERS OF COMMISSION.— trial, manufacturing, and production sectors, ‘‘(1) HEARINGS.—The Commission may hold such and any relationship between such deficits and hearings, sit and act at such times and places, take the increasing volume of intra-industry and such testimony, and receive such evidence as the intra-company transactions; Commission may find advisable to fulfill the require- ‘‘(ii) a review of the adequacy and accuracy of ments of this section. The Commission shall hold at the current collection and reporting of import least 1 or more hearings in Washington, D.C., and 4 in and export data, and the identification and devel- different regions of the United States. opment of additional data bases and economic ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—The measurements that may be needed to properly Commission may secure directly from any Federal quantify the merchandise trade and current ac- department or agency such information as the Com- count balances, and any impact the merchandise mission considers necessary to carry out the provi- trade and current account balances may have on sions of this section. Upon request of the Chairperson the United States economy; and ‘‘(iii) the extent to which there is reciprocal of the Commission, the head of such department or market access substantially equivalent to that agency shall furnish such information to the Com- afforded by the United States in each country mission. ‘‘(3) POSTAL SERVICES.—The Commission may use with which the United States has a persistent and the United States mails in the same manner and substantial bilateral trade deficit, and the extent under the same conditions as other departments and to which such deficits have become structural. ‘‘(E) Any relationship of United States merchan- agencies of the Federal Government. dise trade and current account deficits to both com- ‘‘(g) COMMISSION PERSONNEL MATTERS.— parative and competitive trade advantages within ‘‘(1) COMPENSATION OF MEMBERS.—Each member of the global economy, including— the Commission shall be compensated at a rate equal ‘‘(i) a systematic analysis of the United States to the daily equivalent of the annual rate of basic pay trade patterns with different trading partners and prescribed for level IV of the Executive Schedule to what extent the trade patterns are based on under section 5315 of title 5, United States Code, for comparative and competitive trade advantages; each day (including travel time) during which such ‘‘(ii) the extent to which the increased mobility member is engaged in the performance of the duties of capital and technology has changed both com- of the Commission. parative and competitive trade advantages; ‘‘(2) TRAVEL EXPENSES.—The members of the Com- ‘‘(iii) any impact that labor, environmental, or mission shall be allowed travel expenses, including health and safety standards may have on com- per diem in lieu of subsistence, at rates authorized parative and competitive trade advantages; for employees of agencies under subchapter I of chap- ‘‘(iv) the effect that offset and technology ter 57 of title 5, United States Code, while away from transfer agreements have on the long-term com- their homes or regular places of business in the per- petitiveness of the United States manufacturing formance of services for the Commission. sectors; and ‘‘(3) STAFF.— ‘‘(v) any effect that international trade, labor, ‘‘(A) IN GENERAL.—The Chairperson of the Com- environmental, or other agreements may have on mission may, without regard to the civil service United States competitiveness. laws and regulations, appoint and terminate an ex- ‘‘(F) The extent to which differences in the ecutive director and such other additional person- growth rates of the United States and its trading nel as may be necessary to enable the Commission Page 503 TITLE 19—CUSTOMS DUTIES § 2241

to perform its duties. The employment of an execu- propriations for the United States International tive director shall be subject to confirmation by the Trade Commission shall be transmitted to the Commission. President on or before October 15 of the year ‘‘(B) COMPENSATION.—The Chairperson of the preceding the beginning of each fiscal year and Commission may fix the compensation of the exec- shall be included by him in the Budget without utive director and other personnel without regard to the provisions of chapter 51 and subchapter III of revision, and the Commission shall not be con- chapter 53 of title 5, United States Code, relating to sidered to be a department or establishment for classification of positions and General Schedule purposes of such chapter. pay rates, except that the rate of pay for the execu- (Pub. L. 93–618, title I, § 175(a)(1), Jan. 3, 1975, 88 tive director and other personnel may not exceed Stat. 2011.) the rate payable for level V of the Executive Sched- ule under section 5316 of such title. CODIFICATION ‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed- ‘‘Chapter 11 of title 31’’ and ‘‘such chapter’’ sub- eral Government employee may be detailed to the stituted in text for ‘‘the Budget and Accounting Act, Commission without reimbursement, and such detail 1921 (31 U.S.C. 1 et seq.)’’ and ‘‘such Act’’, respectively, shall be without interruption or loss of civil service on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 status or privilege. Stat. 1067, the first section of which enacted Title 31, ‘‘(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT Money and Finance. SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services under PART 8—IDENTIFICATION OF MARKET BARRIERS section 3109(b) of title 5, United States Code, at rates AND CERTAIN UNFAIR TRADE ACTIONS for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for § 2241. Estimates of barriers to market access level V of the Executive Schedule under section 5316 of such title. (a) National trade estimates ‘‘(6) APPLICABILITY OF CERTAIN PAY AUTHORITIES.— (1) In general An individual who is a member of the Commission For calendar year 1988, and for each succeed- and is an annuitant or otherwise covered by section ing calendar year, the United States Trade 8344 or 8468 of title 5, United States Code, by reason Representative, through the interagency trade of membership on the Commission is not subject to organization established pursuant to section the provisions of section 8344 or 8468 (whichever is applicable) with respect to such membership. 1872(a) of this title and with the assistance of ‘‘(h) SUPPORT SERVICES.—The Administrator of the the interagency advisory committee estab- General Services Administration shall provide to the lished under section 2171(d)(2) of this title, Commission on a reimbursable basis such administra- shall— tive support services as the Commission may request. (A) identify and analyze acts, policies, or ‘‘(i) APPROPRIATIONS.—There are appropriated practices of each foreign country which con- $2,000,000 to the Commission to carry out the provisions stitute significant barriers to, or distortions of this section. Amounts appropriated pursuant to this of— subsection shall remain available until the date which (i) United States exports of goods or is 90 days after the date on which the Commission sub- services (including agricultural commod- mits the final report described in subsection (e). ities; and property protected by trade- ‘‘(j) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the Federal Advisory Committee Act (Public marks, patents, and copyrights exported or Law 92–463; 5 U.S.C. App.) shall not apply to the Com- licensed by United States persons), mission. (ii) foreign direct investment by United ‘‘(k) TERMINATION.—The Commission shall terminate States persons, especially if such invest- 90 days after the date on which the Commission sub- ment has implications for trade in goods mits the final report under subsection (e).’’ or services; 1 and (iii) United States electronic commerce,2 PART 7—UNITED STATES INTERNATIONAL TRADE COMMISSION (B) make an estimate of the trade-distorting impact on United States commerce of § 2231. Change of name any act, policy, or practice identified under subparagraph (A); and (a) Former United States Tariff Commission (C) make an estimate, if feasible, of— The United States Tariff Commission (estab- (i) the value of additional goods and lished by section 1330 of this title) is renamed as services of the United States, the United States International Trade Commis- (ii) the value of additional foreign direct sion. investment by United States persons, and (b) References in law and other documents (iii) the value of additional United States electronic commerce, Any reference in any law of the United States, or in any order, rule, regulation, or other docu- that would have been exported to, or in- 3 ment, to the United States Tariff Commission vested in or transacted with,, each foreign (or the Tariff Commission) shall be considered country during such calendar year if each of to refer to the United States International such acts, policies, and practices of such country did not exist. Trade Commission. (2) Certain factors taken into account in mak- (Pub. L. 93–618, title I, § 171, Jan. 3, 1975, 88 Stat. ing analysis and estimate 2009.) In making any analysis or estimate under § 2232. Independent budget and authorization of paragraph (1), the Trade Representative shall appropriations take into account— Effective with respect to the fiscal year begin- 1 So in original. The semicolon probably should be a comma. ning October 1, 1976, for purposes of chapter 11 of 2 So in original. The comma probably should be a semicolon. title 31, estimated expenditures and proposed ap- 3 So in original. § 2241 TITLE 19—CUSTOMS DUTIES Page 504

(A) the relative impact of the act, policy, (c) Assistance of other agencies or practice on United States commerce; (1) Furnishing of information (B) the availability of information to document prices, market shares, and other mat- The head of each department or agency of ters necessary to demonstrate the effects of the executive branch of the Government, in- the act, policy, or practice; cluding any independent agency, is authorized (C) the extent to which such act, policy, or and directed to furnish to the Trade Rep- practice is subject to international agree- resentative or to the appropriate agency, upon ments to which the United States is a party; request, such data, reports, and other informa- (D) any advice given through appropriate tion as is necessary for the Trade Representa- committees established pursuant to section tive to carry out his functions under this sec- 2155 of this title; and tion. In preparing the section of the report re- (E) the actual increase in— quired by subsection (b)(2)(C) of this section, (i) the value of goods and services of the the Trade Representative shall consult in par- United States exported to, ticular with the Attorney General. (ii) the value of foreign direct invest- (2) Restrictions on release or use of informa- ment made in, and tion (iii) the value of electronic commerce transacted with, Nothing in this subsection shall authorize the release of information to, or the use of in- the foreign country during the calendar year formation by, the Trade Representative in a for which the estimate under paragraph manner inconsistent with law or any proce- (1)(C) is made. dure established pursuant thereto. (3) Annual revisions and updates (3) Personnel and services The Trade Representative shall annually revise and update the analysis and estimate The head of any department, agency, or in- under paragraph (1). strumentality of the United States may detail such personnel and may furnish such services, (b) Reports with or without reimbursement, as the Trade (1) In general Representative may request to assist in carry- On or before April 30, 1989, and on or before ing out his functions. March 31 of each succeeding calendar year, the (d) Electronic commerce Trade Representative shall submit a report on the analysis and estimates made under sub- For purposes of this section, the term ‘‘elec- section (a) of this section for the calendar year tronic commerce’’ has the meaning given that preceding such calendar year (which shall be term in section 1104(3) 4 of the Internet Tax known as the ‘‘National Trade Estimate’’) to Freedom Act. the President, the Committee on Finance of (Pub. L. 93–618, title I, § 181, as added Pub. L. the Senate, and appropriate committees of the 98–573, title III, § 303(a), Oct. 30, 1984, 98 Stat. House of Representatives. 3001; amended Pub. L. 100–418, title I, § 1304, Aug. (2) Reports to include information with respect 23, 1988, 102 Stat. 1181; Pub. L. 103–465, title III, to action being taken §§ 311(a), 312, Dec. 8, 1994, 108 Stat. 4938; Pub. L. The Trade Representative shall include in 105–277, div. C, title XII, § 1202, Oct. 21, 1998, 112 each report submitted under paragraph (1) in- Stat. 2681–726.) formation with respect to any action taken (or REFERENCES IN TEXT the reasons for no action taken) to eliminate any act, policy, or practice identified under Section 1104(3) of the Internet Tax Freedom Act, re- subsection (a), including, but not limited to— ferred to in subsec. (d), was redesignated section 1105(3) of the Act by Pub. L. 108–435, § 3(1), Dec. 3, 2004, 118 Stat. (A) any action under section 2411 of this 2616, and is set out in a note under section 151 of Title title, 47, Telegraphs, Telephones, and Radiotelegraphs. (B) negotiations or consultations with foreign governments, or AMENDMENTS (C) a section on foreign anticompetitive 1998—Subsec. (a)(1)(A)(iii). Pub. L. 105–277, § 1202(1)(A), practices, the toleration of which by foreign added cl. (iii). governments is adversely affecting exports Subsec. (a)(1)(C). Pub. L. 105–277, § 1202(1)(B), added cl. of United States goods or services. (iii) and inserted ‘‘or transacted with,’’ after ‘‘or in- (3) Consultation with Congress on trade policy vested in’’ in concluding provisions. priorities Subsec. (a)(2)(E)(iii). Pub. L. 105–277, § 1202(2), added cl. (iii). The Trade Representative shall keep the Subsec. (d). Pub. L. 105–277, § 1202(3), added subsec. (d). committees described in paragraph (1) cur- 1994—Subsec. (b)(2)(C). Pub. L. 103–465, § 311(a)(1), rently informed with respect to trade policy added subpar. (C). priorities for the purposes of expanding mar- Subsec. (b)(3). Pub. L. 103–465, § 312, inserted at end ket opportunities. After the submission of the ‘‘After the submission of the report required by para- report required by paragraph (1), the Trade graph (1), the Trade Representative shall also consult periodically with, and take into account the views of, Representative shall also consult periodically the committees described in that paragraph regarding with, and take into account the views of, the means to address the foreign trade barriers identified committees described in that paragraph re- in the report, including the possible initiation of inves- garding means to address the foreign trade tigations under section 2412 of this title or other trade barriers identified in the report, including the actions.’’ possible initiation of investigations under section 2412 of this title or other trade actions. 4 So in original. See References in Text note below. Page 505 TITLE 19—CUSTOMS DUTIES § 2242

Subsec. (c)(1). Pub. L. 103–465, § 311(a)(2), inserted at lateral agreements to remove barriers to global elec- end ‘‘In preparing the section of the report required by tronic commerce through the World Trade Organiza- subsection (b)(2)(C) of this section, the Trade Rep- tion, the Organization for Economic Cooperation and resentative shall consult in particular with the Attor- Development, the Trans-Atlantic Economic Partner- ney General.’’ ship, the Asia Pacific Economic Cooperation forum, the 1988—Pub. L. 100–418, § 1304(a)(10), substituted ‘‘Esti- Free Trade Area of the America, the North American mates of’’ for ‘‘Actions concerning’’ in section catch- Free Trade Agreement, and other appropriate venues. line. ‘‘(b) NEGOTIATING OBJECTIVES.—The negotiating ob- Subsec. (a)(1). Pub. L. 100–418, § 1304(a)(1), substituted jectives of the United States shall be— ‘‘For calendar year 1988, and for each succeeding cal- ‘‘(1) to assure that electronic commerce is free endar year,’’ for ‘‘Not later than the date on which the from— initial report is required under subsection (b)(1) of this ‘‘(A) tariff and nontariff barriers; section,’’. ‘‘(B) burdensome and discriminatory regulation Pub. L. 100–418, § 1304(a)(9), which directed the inser- and standards; and tion of ‘‘and with the assistance of the interagency ad- ‘‘(C) discriminatory taxation; and visory committee established under section 2171(d)(2) of ‘‘(2) to accelerate the growth of electronic com- this title,’’ after ‘‘section 1872(a) of this title,’’ was exe- merce by expanding market access opportunities cuted by making the insertion after ‘‘section 1872(a) of for— this title’’ to reflect the probable intent of Congress. ‘‘(A) the development of telecommunications in- Subsec. (a)(1)(A). Pub. L. 100–418, § 1304(a)(2), inserted frastructure; ‘‘of each foreign country’’ after ‘‘or practices’’. ‘‘(B) the procurement of telecommunications Subsec. (a)(1)(C). Pub. L. 100–418, § 1304(a)(3)–(5), added equipment; subpar. (C). ‘‘(C) the provision of Internet access and tele- Subsec. (a)(2)(E). Pub. L. 100–418, § 1304(a)(6)–(8), added communications services; and subpar. (E). ‘‘(D) the exchange of goods, services, and digi- Subsec. (b)(1). Pub. L. 100–418, § 1304(b), amended par. talized information. (1) generally. Prior to amendment, par. (1) read as fol- ‘‘(c) ELECTRONIC COMMERCE.—For purposes of this sec- lows: ‘‘On or before the date which is one year after Oc- tion, the term ‘electronic commerce’ has the meaning tober 30, 1984, and each year thereafter, the Trade Rep- given that term in section 1104(3) [probably means Pub. resentative shall submit the analysis and estimate L. 105–277, div. C, title XI, § 1105(3), set out in a note under subsection (a) of this section to the Committee under section 151 of Title 47, Telegraphs, Telephones, on Finance of the Senate and to the Committee on and Radiotelegraphs].’’ Ways and Means of the House of Representatives.’’ § 2242. Identification of countries that deny ade- EFFECTIVE DATE OF 1994 AMENDMENT quate protection, or market access, for intel- Amendment by Pub. L. 103–465 effective on the date lectual property rights on which the WTO Agreement enters into force with re- (a) In general spect to the United States [Jan. 1, 1995], see section 316 of Pub. L. 103–465, set out as an Effective Date note By no later than the date that is 30 days after under section 3581 of this title. the date on which the annual report is submitted to Congressional committees under section SEVERABILITY 2241(b) of this title, the United States Trade Pub. L. 105–277, div. C, title XII, § 1206, Oct. 21, 1998, Representative (hereafter in this section re- 112 Stat. 2681–728, provided that: ‘‘If any provision of ferred to as the ‘‘Trade Representative’’) shall this title [amending this section and enacting provi- identify— sions set out under this section], or any amendment (1) those foreign countries that— made by this title, or the application of that provision (A) deny adequate and effective protection to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the of intellectual property rights, or Constitution of the United States, then the other provi- (B) deny fair and equitable market access sions of that title, and the application of that provision to United States persons that rely upon in- to other persons and circumstances, shall not be af- tellectual property protection, and fected.’’ (2) those foreign countries identified under CONSTRUCTION OF 1998 AMENDMENTS paragraph (1) that are determined by the Pub. L. 105–277, div. C, title XII, § 1204, Oct. 21, 1998, Trade Representative to be priority foreign 112 Stat. 2681–728, provided that: ‘‘Nothing in this title countries. [amending this section and enacting provisions set out (b) Special rules for identifications under this section] shall be construed to expand the duty of any person to collect or pay taxes beyond that (1) In identifying priority foreign countries which existed immediately before the date of the enact- under subsection (a)(2) of this section, the Trade ment of this Act [Oct. 21, 1998].’’ Representative shall only identify those foreign Pub. L. 105–277, div. C, title XII, § 1205, Oct. 21, 1998, countries— 112 Stat. 2681–728, provided that: ‘‘Nothing in this title (A) that have the most onerous or egregious [amending this section and enacting provisions set out acts, policies, or practices that— under this section] shall limit or otherwise affect the (i) deny adequate and effective intellectual implementation of the Telecommunications Act of 1996 property rights, or (Public Law 104–104) [see Short Title of 1996 Amend- ment note set out under section 609 of Title 47, Tele- (ii) deny fair and equitable market access graphs, Telephones, and Radiotelegraphs] or the to United States persons that rely upon in- amendments made by such Act.’’ tellectual property protection,

DECLARATION THAT THE INTERNET SHOULD BE FREE OF (B) whose acts, policies, or practices de- FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RE- scribed in subparagraph (A) have the greatest STRICTIONS adverse impact (actual or potential) on the Pub. L. 105–277, div. C, title XII, § 1203, Oct. 21, 1998, relevant United States products, and 112 Stat. 2681–727, provided that: (C) that are not— ‘‘(a) IN GENERAL.—It is the sense of Congress that the (i) entering into good faith negotiations, President should seek bilateral, regional, and multi- or § 2242 TITLE 19—CUSTOMS DUTIES Page 506

(ii) making significant progress in bilat- (B) the manufacture of products that are eral or multilateral negotiations, patented or for which there are process pat- to provide adequate and effective protection of ents. intellectual property rights. (2) A foreign country denies adequate and ef- (2) In identifying priority foreign countries fective protection of intellectual property under subsection (a)(2) of this section, the Trade rights if the foreign country denies adequate Representative shall— and effective means under the laws of the for- (A) consult with the Register of Copyrights, eign country for persons who are not citizens the Under Secretary of Commerce for Intellec- or nationals of such foreign country to secure, tual Property and Director of the United exercise, and enforce rights relating to pat- States Patent and Trademark Office, other ap- ents, process patents, registered trademarks, propriate officers of the Federal Government, copyrights and mask works. and (3) A foreign country denies fair and equi- (B) take into account information from such table market access if the foreign country ef- sources as may be available to the Trade Rep- fectively denies access to a market for a prod- resentative and such information as may be uct protected by a copyright or related right, submitted to the Trade Representative by in- patent, trademark, mask work, trade secret, terested persons, including information con- or plant breeder’s right, through the use of tained in reports submitted under section laws, procedures, practices, or regulations 2241(b) of this title and petitions submitted which— under section 2412 of this title. (A) violate provisions of international law or international agreements to which both (3) The Trade Representative may identify a the United States and the foreign country foreign country under subsection (a)(1)(B) of this are parties, or section only if the Trade Representative finds (B) constitute discriminatory nontariff that there is a factual basis for the denial of fair trade barriers. and equitable market access as a result of the violation of international law or agreement, or (4) A foreign country may be determined to the existence of barriers, referred to in sub- deny adequate and effective protection of in- section (d)(3) of this section. tellectual property rights, notwithstanding (4) In identifying foreign countries under para- the fact that the foreign country may be in graphs (1) and (2) of subsection (a) of this sec- compliance with the specific obligations of the tion, the Trade Representative shall take into Agreement on Trade-Related Aspects of Intel- account— lectual Property Rights referred to in section (A) the history of intellectual property laws 3511(d)(15) of this title. and practices of the foreign country, including (e) Publication any previous identification under subsection The Trade Representative shall publish in the (a)(2) of this section, and Federal Register a list of foreign countries iden- (B) the history of efforts of the United tified under subsection (a) of this section and States, and the response of the foreign coun- shall make such revisions to the list as may be try, to achieve adequate and effective protec- required by reason of action under subsection (c) tion and enforcement of intellectual property of this section. rights. (f) Special rule for actions affecting United (c) Revocations and additional identifications States cultural industries (1) The Trade Representative may at any (1) In general time— By no later than the date that is 30 days (A) revoke the identification of any foreign after the date on which the annual report is country as a priority foreign country under submitted to Congressional committees under this section, or section 2241(b) of this title, the Trade Rep- (B) identify any foreign country as a priority resentative shall identify any act, policy, or foreign country under this section, practice of Canada which— if information available to the Trade Represent- (A) affects cultural industries, ative indicates that such action is appropriate. (B) is adopted or expanded after December (2) The Trade Representative shall include in 17, 1992, and the semiannual report submitted to the Con- (C) is actionable under article 2106 of the gress under section 2419(3) of this title a detailed North American Free Trade Agreement. explanation of the reasons for the revocation (2) Special rules for identifications under paragraph (1) of the identification of any For purposes of section 2412(b)(2)(A) of this foreign country as a priority foreign country title, an act, policy, or practice identified under this section. under this subsection shall be treated as an (d) Definitions act, policy, or practice that is the basis for For purposes of this section— identification of a country under subsection (1) The term ‘‘persons that rely upon intel- (a)(2) of this section, unless the United States lectual property protection’’ means persons has already taken action pursuant to article involved in— 2106 of the North American Free Trade Agree- (A) the creation, production or licensing of ment in response to such act, policy, or prac- works of authorship (within the meaning of tice. In deciding whether to identify an act, sections 102 and 103 of title 17) that are copy- policy, or practice under paragraph (1), the righted, or Trade Representative shall— Page 507 TITLE 19—CUSTOMS DUTIES § 2251

(A) consult with and take into account the Subsec. (d)(4). Pub. L. 103–465, § 313(2)(B), added par. views of representatives of the relevant do- (4). mestic industries, appropriate committees Subsec. (g). Pub. L. 103–465, § 313(3), added subsec. (g). established pursuant to section 2155 of this 1993—Subsec. (f). Pub. L. 103–182 added subsec. (f). title, and appropriate officers of the Federal EFFECTIVE DATE OF 1999 AMENDMENT Government, and Amendment by Pub. L. 106–113 effective 4 months (B) take into account the information after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] from such sources as may be available to the of Pub. L. 106–113, set out as a note under section 1 of Trade Representative and such information Title 35, Patents. as may be submitted to the Trade Represent- ative by interested persons, including infor- EFFECTIVE DATE OF 1994 AMENDMENT mation contained in reports submitted Amendment by Pub. L. 103–465 effective on the date under section 2241(b) of this title. on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 316 (3) Cultural industries of Pub. L. 103–465, set out as an Effective Date note For purposes of this subsection, the term under section 3581 of this title. ‘‘cultural industries’’ means persons engaged in any of the following activities: EFFECTIVE DATE OF 1993 AMENDMENT (A) The publication, distribution, or sale Amendment by Pub. L. 103–182 effective on the date of books, magazines, periodicals, or news- the North American Free Trade Agreement enters into papers in print or machine readable form but force with respect to the United States [Jan. 1, 1994], not including the sole activity of printing or see section 516(a) of Pub. L. 103–182, set out as an Effec- tive Date note under section 3461 of this title. typesetting any of the foregoing. (B) The production, distribution, sale, or PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE exhibition of film or video recordings. AND EFFECTIVE PROTECTION OF INTELLECTUAL PROP- (C) The production, distribution, sale, or ERTY RIGHTS exhibition of audio or video music record- Pub. L. 101–189, div. A, title VIII, § 852, Nov. 29, 1989, ings. 103 Stat. 1517, as amended by Pub. L. 101–510, div. A, (D) The publication, distribution, or sale title XIII, § 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided of music in print or machine readable form. that it is the sense of Congress that it be a very impor- (E) Radio communications in which the tant consideration in procurement of property, serv- transmissions are intended for direct recep- ices, or technology by the Department of Defense tion by the general public, and all radio, whether such procurement is from any person of any television, and cable broadcasting undertak- country which has been identified by the United States ings and all satellite programming and Trade Representative as denying adequate and effective protection of intellectual property rights or fair and broadcast network services. equitable market access to United States persons that (g) Annual report rely upon intellectual property protection.

The Trade Representative shall, by not later IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE than the date by which countries are identified AND EFFECTIVE PROTECTION OF INTELLECTUAL PROP- under subsection (a) of this section, transmit to ERTY RIGHTS the Committee on Ways and Means of the House Section 1303(a) of Pub. L. 100–418 provided that: of Representatives and the Committee on Fi- ‘‘(1) The Congress finds that— nance of the Senate, a report on actions taken ‘‘(A) international protection of intellectual prop- under this section during the 12 months preced- erty rights is vital to the international competitive- ing such report, and the reasons for such ac- ness of United States persons that rely on protection tions, including a description of progress made of intellectual property rights; and in achieving improved intellectual property pro- ‘‘(B) the absence of adequate and effective protec- tection and market access for persons relying on tion of United States intellectual property rights, and the denial of fair and equitable market access, intellectual property rights. seriously impede the ability of the United States per- (Pub. L. 93–618, title I, § 182, as added Pub. L. sons that rely on protection of intellectual property 100–418, title I, § 1303(b), Aug. 23, 1988, 102 Stat. rights to export and operate overseas, thereby harm- 1179; amended Pub. L. 103–182, title V, § 513, Dec. ing the economic interests of the United States. 8, 1993, 107 Stat. 2156; Pub. L. 103–465, title III, ‘‘(2) The purpose of this section [enacting this section and this note] is to provide for the development of an § 313, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 106–113, overall strategy to ensure adequate and effective pro- div. B, § 1000(a)(9) [title IV, § 4732(b)(8)], Nov. 29, tection of intellectual property rights and fair and 1999, 113 Stat. 1536, 1501A–584.) equitable market access for United States persons that rely on protection of intellectual property rights.’’ AMENDMENTS 1999—Subsec. (b)(2)(A). Pub. L. 106–113 substituted SUBCHAPTER II—RELIEF FROM INJURY ‘‘Under Secretary of Commerce for Intellectual Prop- CAUSED BY IMPORT COMPETITION erty and Director of the United States Patent and Trademark Office’’ for ‘‘Commissioner of Patents and PART 1—POSITIVE ADJUSTMENT BY INDUSTRIES Trademarks’’. INJURED BY IMPORTS 1994—Subsec. (b)(4). Pub. L. 103–465, § 313(1), added par. (4). § 2251. Action to facilitate positive adjustment to Subsec. (d)(3). Pub. L. 103–465, § 313(2)(A), amended in- import competition troductory provisions generally. Prior to amendment, introductory provisions read as follows: ‘‘A foreign (a) Presidential action country denies fair and equitable market access if the foreign country effectively denies access to a market If the United States International Trade Com- for a product protected by a copyright, patent, or proc- mission (hereinafter referred to in this part as ess patent through the use of laws, procedures, prac- the ‘‘Commission’’) determines under section tices, or regulations which—’’. 2252(b) of this title that an article is being im- § 2252 TITLE 19—CUSTOMS DUTIES Page 508 ported into the United States in such increased EFFECTIVE DATE OF 1984 AMENDMENT quantities as to be a substantial cause of serious Amendment by Pub. L. 98–573 effective on 15th day injury, or the threat thereof, to the domestic inafter Oct. 30, 1984, see section 214(a), (b) of Pub. L. dustry producing an article like or directly com- 98–573, set out as a note under section 1304 of this title. petitive with the imported article, the Presi- EFFECTIVE DATE OF 1979 AMENDMENT dent, in accordance with this part, shall take all appropriate and feasible action within his power Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as an Effective Date which the President determines will facilitate note under section 1671 of this title. efforts by the domestic industry to make a positive adjustment to import competition and pro- STUDY ON TRADE ADJUSTMENT ASSISTANCE FOR vide greater economic and social benefits than FISHERMEN costs. Pub. L. 107–210, div. A, title I, § 143, Aug. 6, 2002, 116 (b) Positive adjustment to import competition Stat. 953, required Secretary of Commerce, not later than 1 year after Aug. 6, 2002, to conduct a study and (1) For purposes of this part, a positive adjust- report to Congress on appropriateness and feasibility of ment to import competition occurs when— a trade adjustment assistance program for fishermen. (A) the domestic industry— TERM ‘‘INDUSTRY’’ TO INCLUDE PRODUCERS LOCATED IN (i) is able to compete successfully with im- UNITED STATES INSULAR POSSESSIONS ports after actions taken under section 2254 of this title terminate, or Pub. L. 98–67, title II, § 214(f), Aug. 5, 1983, 97 Stat. 393, provided that: ‘‘For purposes of chapter 1 of title II of (ii) the domestic industry experiences an the Trade Act of 1974 [this part], the term ‘industry’ orderly transfer of resources to other pro- shall include producers located in the United States in- ductive pursuits; and sular possessions.’’

(B) dislocated workers in the industry expe- EX. ORD. NO. 11913. COLLECTION OF INFORMATION FOR rience an orderly transition to productive pur- IMPORT RELIEF AND ADJUSTMENT ASSISTANCE suits. Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, pro- (2) The domestic industry may be considered vided: to have made a positive adjustment to import By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, competition even though the industry is not of including Section 332(g) of the Tariff Act of 1930, as the same size and composition as the industry at amended (19 U.S.C. 1332(g)), and as President of the the time the investigation was initiated under United States of America, in order to reduce the re- section 2252(b) of this title. porting burden with respect to the collection of information pursuant to Title II of the Trade Act of 1974 (88 (Pub. L. 93–618, title II, § 201, Jan. 3, 1975, 88 Stat. Stat. 2011, 19 U.S.C. 2251 et seq.) and consistent with 2011; Pub. L. 96–39, title I, § 106(b)(3), July 26, Chapter 35 of Title 44 of the United States Code, it is 1979, 93 Stat. 193; Pub. L. 98–573, title II, § 249, hereby ordered as follows: Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100–418, title SECTION 1. Whenever the United States International I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225.) Trade Commission, in connection with investigations pursuant to Section 201 of the Trade Act of 1974 (19 AMENDMENTS U.S.C. 2251), collects factual data from firms on their 1988—Pub. L. 100–418, in amending section generally, sales, production, employment, and financial experi- substituted provisions relating to action to facilitate ence, the Commission shall provide such information to positive adjustment to import competition for provi- the Secretaries of Commerce and Labor. sions relating to investigation by International Trade SEC. 2. The Secretaries of Commerce and Labor shall Commission. See section 2252 of this title. ensure that the factual data, received pursuant to Sec- 1984—Subsec. (b)(2)(B). Pub. L. 98–573, § 249(1)(A), sub- tion 1, are used solely for the performance of their stituted ‘‘inventory (whether maintained by domestic functions pursuant to Sections 264 and 224, respec- producers, importers, wholesalers, or retailers), and’’ tively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274). for ‘‘inventory, and’’. GERALD R. FORD. Subsec. (b)(2)(D). Pub. L. 98–573, § 249(1)(B)–(D), added subpar. (D). § 2252. Investigations, determinations, and rec- Subsec. (b)(7). Pub. L. 98–573, § 249(2), added par. (7). ommendations by Commission 1979—Subsec. (b)(6). Pub. L. 96–39 substituted ‘‘subtitles A and B of title VII or section 337 of the Tariff (a) Petitions and adjustment plans Act of 1930’’ for ‘‘the Antidumping Act, 1921, section 303 (1) A petition requesting action under this or 337 of the Tariff Act of 1930’’. part for the purpose of facilitating positive ad- EFFECTIVE DATE OF 1988 AMENDMENT justment to import competition may be filed with the Commission by an entity, including a Section 1401(c) of Pub. L. 100–418 provided that: ‘‘The trade association, firm, certified or recognized amendments made by subsections (a) and (b) [enacting section 2254 of this title and amending sections 1330, union, or group of workers, which is representa- 2133, 2251 to 2253, 2274, 2354, and 2703 of this title and tive of an industry. provisions set out as a note under section 2112 of this (2) A petition under paragraph (1)— title] shall take effect on the date of the enactment of (A) shall include a statement describing the this Act [Aug. 23, 1988] and shall apply with respect to specific purposes for which action is being investigations initiated under chapter 1 of title II of sought, which may include facilitating the or- the Trade Act of 1974 [this part] on or after that date. derly transfer of resources to more productive Any petition filed under section 201 of such chapter [19 pursuits, enhancing competitiveness, or other U.S.C. 2251] before such date of enactment, and with re- means of adjustment to new conditions of spect to which the United States International Trade Commission did not make a finding before such date competition; and with respect to serious injury or the threat thereof, (B) may— may be withdrawn and refiled, without prejudice, by (i) subject to subsection (d)(1)(C)(i) of this the petitioner under section 202(a) of such chapter [19 section, request provisional relief under sub- U.S.C. 2252(a)] (as amended by this section).’’ section (d)(1) of this section; or Page 509 TITLE 19—CUSTOMS DUTIES § 2252

(ii) request provisional relief under sub- Agreement Implementation Act [19 U.S.C. 3351 section (d)(2) of this section. et seq.], title II of the United States-Jordan (3) Whenever a petition is filed under para- Free Trade Area Implementation Act, title III of graph (1), the Commission shall promptly trans- the United States-Chile Free Trade Agreement mit copies of the petition to the Office of the Implementation Act, title III of the United United States Trade Representative and other States-Singapore Free Trade Agreement Imple- Federal agencies directly concerned. mentation Act, title III of the United States- (4) A petitioner under paragraph (1) may sub- Australia Free Trade Agreement Implementa- mit to the Commission and the United States tion Act, title III of the United States-Morocco Trade Representative (hereafter in this part re- Free Trade Agreement Implementation Act, ferred to as the ‘‘Trade Representative’’), either title III of the Dominican Republic-Central with the petition, or at any time within 120 days America-United States Free Trade Agreement after the date of filing of the petition, a plan to Implementation Act [19 U.S.C. 4051 et seq.], title facilitate positive adjustment to import com- III of the United States-Bahrain Free Trade petition. Agreement Implementation Act, title III of the (5)(A) Before submitting an adjustment plan United States-Oman Free Trade Agreement Im- under paragraph (4), the petitioner and other en- plementation Act, title III of the United States- tities referred to in paragraph (1) that wish to Peru Trade Promotion Agreement Implementa- participate may consult with the Trade Rep- tion Act, and title III of the United resentative and the officers and employees of States–Korea Free Trade Agreement Implemen- any Federal agency that is considered appro- tation Act. The Commission may request that priate by the Trade Representative, for purposes parties providing confidential business informa- of evaluating the adequacy of the proposals tion furnish nonconfidential summaries thereof being considered for inclusion in the plan in re- or, if such parties indicate that the information lation to specific actions that may be taken in the submission cannot be summarized, the under this part. reasons why a summary cannot be provided. If (B) A request for any consultation under sub- the Commission finds that a request for con- paragraph (A) must be made to the Trade Rep- fidentiality is not warranted and if the party resentative. Upon receiving such a request, the concerned is either unwilling to make the infor- Trade Representative shall confer with the peti- mation public or to authorize its disclosure in tioner and provide such assistance, including generalized or summarized form, the Commis- publication of appropriate notice in the Federal sion may disregard the submission. Register, as may be practicable in obtaining (b) Investigations and determinations by Com- other participants in the consultation. No con- mission sultation may occur under subparagraph (A) un- (1)(A) Upon the filing of a petition under sub- less the Trade Representative, or his delegate, is section (a) of this section, the request of the in attendance. President or the Trade Representative, the reso- (6)(A) In the course of any investigation under lution of either the Committee on Ways and subsection (b) of this section, the Commission Means of the House of Representatives or the shall seek information (on a confidential basis, Committee on Finance of the Senate, or on its to the extent appropriate) on actions being own motion, the Commission shall promptly taken, or planned to be taken, or both, by firms make an investigation to determine whether an and workers in the industry to make a positive article is being imported into the United States adjustment to import competition. in such increased quantities as to be a substan- (B) Regardless whether an adjustment plan is tial cause of serious injury, or the threat there- submitted under paragraph (4) by the petitioner, of, to the domestic industry producing an article if the Commission makes an affirmative deter- like or directly competitive with the imported mination under subsection (b) of this section, article. any— (B) For purposes of this section, the term (i) firm in the domestic industry; ‘‘substantial cause’’ means a cause which is im- (ii) certified or recognized union or group of portant and not less than any other cause. workers in the domestic industry; (2)(A) Except as provided in subparagraph (B), (iii) State or local community; the Commission shall make the determination (iv) trade association representing the do- under paragraph (1) within 120 days (180 days if mestic industry; or the petition alleges that critical circumstances (v) any other person or group of persons, exist) after the date on which the petition is may, individually, submit to the Commission filed, the request or resolution is received, or commitments regarding actions such persons the motion is adopted, as the case may be. and entities intend to take to facilitate positive (B) If before the 100th day after a petition is adjustment to import competition. filed under subsection (a)(1) of this section the (7) Nothing in paragraphs (5) and (6) may be Commission determines that the investigation construed to provide immunity under the anti- is extraordinarily complicated, the Commission trust laws. shall make the determination under paragraph (8) The procedures concerning the release of (1) within 150 days (210 days if the petition al- confidential business information set forth in leges that critical circumstances exist) after the section 332(g) of the Tariff Act of 1930 [19 U.S.C. date referred to in subparagraph (A). 1332(g)] shall apply with respect to information (3) The Commission shall publish notice of the received by the Commission in the course of in- commencement of any proceeding under this vestigations conducted under this part, part 1 of subsection in the Federal Register and shall, title III of the North American Free Trade within a reasonable time thereafter, hold public § 2252 TITLE 19—CUSTOMS DUTIES Page 510 hearings at which the Commission shall afford (4) For purposes of subsection (b) of this sec- interested parties and consumers an opportunity tion, in determining the domestic industry pro- to be present, to present evidence, to comment ducing an article like or directly competitive on the adjustment plan, if any, submitted under with an imported article, the Commission— subsection (a) of this section, to respond to the (A) to the extent information is available, presentations of other parties and consumers, shall, in the case of a domestic producer which and otherwise to be heard. also imports, treat as part of such domestic (c) Factors applied in making determinations industry only its domestic production; (1) In making determinations under subsection (B) may, in the case of a domestic producer (b) of this section, the Commission shall take which produces more than one article, treat as into account all economic factors which it con- part of such domestic industry only that por- siders relevant, including (but not limited to)— tion or subdivision of the producer which pro- (A) with respect to serious injury— duces the like or directly competitive article; (i) the significant idling of productive fa- and cilities in the domestic industry, (C) may, in the case of one or more domestic (ii) the inability of a significant number of producers which produce a like or directly firms to carry out domestic production oper- competitive article in a major geographic area ations at a reasonable level of profit, and of the United States and whose production fa- (iii) significant unemployment or under- cilities in such area for such article constitute employment within the domestic industry; a substantial portion of the domestic industry (B) with respect to threat of serious injury— in the United States and primarily serve the (i) a decline in sales or market share, a market in such area, and where the imports higher and growing inventory (whether are concentrated in such area, treat as such maintained by domestic producers, import- domestic industry only that segment of the ers, wholesalers, or retailers), and a down- production located in such area. ward trend in production, profits, wages, (5) In the course of any proceeding under this productivity, or employment (or increasing subsection, the Commission shall investigate underemployment) in the domestic industry, any factor which in its judgment may be con- (ii) the extent to which firms in the do- tributing to increased imports of the article mestic industry are unable to generate ade- under investigation. Whenever in the course of quate capital to finance the modernization its investigation the Commission has reason to of their domestic plants and equipment, or believe that the increased imports are attrib- are unable to maintain existing levels of ex- utable in part to circumstances which come penditures for research and development, within the purview of subtitles A and B of title (iii) the extent to which the United States VII [19 U.S.C. 1671 et seq., 1673 et seq.] or section market is the focal point for the diversion of 337 [19 U.S.C. 1337] of the Tariff Act of 1930, or exports of the article concerned by reason of other remedial provisions of law, the Commis- restraints on exports of such article to, or on sion shall promptly notify the appropriate agen- imports of such article into, third country cy so that such action may be taken as is other- markets; and wise authorized by such provisions of law. (C) with respect to substantial cause, an in- (6) For purposes of this section: crease in imports (either actual or relative to (A)(i) The term ‘‘domestic industry’’ means, domestic production) and a decline in the pro- with respect to an article, the producers as a portion of the domestic market supplied by whole of the like or directly competitive arti- domestic producers. cle or those producers whose collective pro- (2) In making determinations under subsection duction of the like or directly competitive ar- (b) of this section, the Commission shall— ticle constitutes a major proportion of the (A) consider the condition of the domestic total domestic production of such article. industry over the course of the relevant busi- (ii) The term ‘‘domestic industry’’ includes ness cycle, but may not aggregate the causes producers located in the United States insular of declining demand associated with a reces- possessions. sion or economic downturn in the United (B) The term ‘‘significant idling of produc- States economy into a single cause of serious tive facilities’’ includes the closing of plants injury or threat of injury; and or the underutilization of production capacity. (B) examine factors other than imports (C) The term ‘‘serious injury’’ means a sig- which may be a cause of serious injury, or nificant overall impairment in the position of threat of serious injury, to the domestic in- a domestic industry. dustry. (D) The term ‘‘threat of serious injury’’ means serious injury that is clearly imminent. The Commission shall include the results of its examination under subparagraph (B) in the re- (d) Provisional relief port submitted by the Commission to the Presi- (1)(A) An entity representing a domestic in- dent under subsection (e) of this section. dustry that produces a perishable agricultural (3) The presence or absence of any factor product or citrus product that is like or directly which the Commission is required to evaluate in competitive with an imported perishable agri- subparagraphs (A) and (B) of paragraph (1) is not cultural product or citrus product may file a re- necessarily dispositive of whether an article is quest with the Trade Representative for the being imported into the United States in such monitoring of imports of that product under increased quantities as to be a substantial cause subparagraph (B). Within 21 days after receiving of serious injury, or the threat thereof, to the the request, the Trade Representative shall de- domestic industry. termine if— Page 511 TITLE 19—CUSTOMS DUTIES § 2252

(i) the imported product is a perishable agri- dent, if he considers provisional relief to be war- cultural product or citrus product; and ranted and after taking into account the finding (ii) there is a reasonable indication that of the Commission under subparagraph (E), shall such product is being imported into the United proclaim such provisional relief that the Presi- States in such increased quantities as to be, or dent considers necessary to prevent or remedy likely to be, a substantial cause of serious in- the serious injury. jury, or the threat thereof, to such domestic (2)(A) When a petition filed under subsection industry. (a) of this section alleges that critical circumstances exist and requests that provisional relief (B) If the determinations under subparagraph be provided under this subsection with respect (A)(i) and (ii) are affirmative, the Trade Rep- to imports of the article identified in the peti- resentative shall request, under section 332(g) of tion, the Commission shall, not later than 60 the Tariff Act of 1930 [19 U.S.C. 1332(g)], the days after the petition containing the request Commission to monitor and investigate the im- was filed, determine, on the basis of available ports concerned for a period not to exceed 2 information, whether— years. The monitoring and investigation may in- (i) there is clear evidence that increased im- clude the collection and analysis of information ports (either actual or relative to domestic that would expedite an investigation under sub- production) of the article are a substantial section (b) of this section. cause of serious injury, or the threat thereof, (C) If a petition filed under subsection (a) of to the domestic industry producing an article this section— like or directly competitive with the imported (i) alleges injury from imports of a perish- article; and able agricultural product or citrus product (ii) delay in taking action under this part that has been, on the date the allegation is in- would cause damage to that industry that cluded in the petition, subject to monitoring would be difficult to repair. by the Commission under subparagraph (B) for (B) If the determinations under subparagraph not less than 90 days; and (A)(i) and (ii) are affirmative, the Commission (ii) requests that provisional relief be pro- shall find the amount or extent of provisional vided under this subsection with respect to relief that is necessary to prevent or remedy the such imports; serious injury. In carrying out this subpara- the Commission shall, not later than the 21st graph, the Commission shall give preference to day after the day on which the request was filed, increasing or imposing a duty on imports, if make a determination, on the basis of available such form of relief is feasible and would prevent information, whether increased imports (either or remedy the serious injury. actual or relative to domestic production) of the (C) The Commission shall immediately report perishable agricultural product or citrus prod- to the President its determinations under sub- uct are a substantial cause of serious injury, or paragraph (A)(i) and (ii) and, if the determina- the threat thereof, to the domestic industry pro- tions are affirmative, the finding under subpara- ducing a like or directly competitive perishable graph (B). product or citrus product, and whether either— (D) Within 30 days after receiving a report (I) the serious injury is likely to be difficult from the Commission under subparagraph (C) to repair by reason of perishability of the like containing an affirmative determination under or directly competitive agricultural product; subparagraph (A)(i) and (ii), the President, if he or considers provisional relief to be warranted and (II) the serious injury cannot be timely pre- after taking into account the finding of the vented through investigation under subsection Commission under subparagraph (B), shall pro- (b) of this section and action under section claim, for a period not to exceed 200 days, such 2253 of this title. provisional relief that the President considers necessary to prevent or remedy the serious in- (D) At the request of the Commission, the Sec- jury. Such relief shall take the form of an in- retary of Agriculture shall promptly provide to crease in, or the imposition of, a duty on im- the Commission any relevant information that ports, if such form of relief is feasible and would the Department of Agriculture may have for prevent or remedy the serious injury. purposes of making determinations and findings (3) If provisional relief is proclaimed under under this subsection. paragraph (1)(G) or (2)(D) in the form of an in- (E) Whenever the Commission makes an af- crease, or the imposition of, a duty, the Presi- firmative preliminary determination under sub- dent shall order the suspension of liquidation of paragraph (C), the Commission shall find the all imported articles subject to the affirmative amount or extent of provisional relief that is determination under paragraph (1)(C) or para- necessary to prevent or remedy the serious in- graph (2)(A), as the case may be, that are en- jury. In carrying out this subparagraph, the tered, or withdrawn from warehouse for con- Commission shall give preference to increasing sumption, on or after the date of the determina- or imposing a duty on imports, if such form of tion. relief is feasible and would prevent or remedy (4)(A) Any provisional relief implemented the serious injury. under this subsection with respect to an im- (F) The Commission shall immediately report ported article shall terminate on the day on to the President its determination under sub- which— paragraph (C) and, if the determination is af- (i) if such relief was proclaimed under para- firmative, the finding under subparagraph (E). graph (1)(G) or (2)(D), the Commission makes a (G) Within 7 days after receiving a report from negative determination under subsection (b) of the Commission under subparagraph (F) con- this section regarding injury or the threat taining an affirmative determination, the Presi- thereof by imports of such article; § 2252 TITLE 19—CUSTOMS DUTIES Page 512

(ii) action described in section 2253(a)(3)(A) or threat thereof, to the domestic industry and or (C) of this title takes effect under section be most effective in facilitating the efforts of 2253 of this title with respect to such article; the domestic industry to make a positive adjust- (iii) a decision by the President not to take ment to import competition. any action under section 2253(a) of this title (2) The Commission is authorized to rec- with respect to such article becomes final; or ommend under paragraph (1)— (iv) whenever the President determines that, (A) an increase in, or the imposition of, any because of changed circumstances, such relief duty on the imported article; is no longer warranted. (B) a tariff-rate quota on the article; (C) a modification or imposition of any (B) Any suspension of liquidation ordered quantitative restriction on the importation of under paragraph (3) with respect to an imported the article into the United States; article shall terminate on the day on which pro- (D) one or more appropriate adjustment visional relief is terminated under subparagraph measures, including the provision of trade ad- (A) with respect to the article. justment assistance under part 2 of this sub- (C) If an increase in, or the imposition of, a chapter; or duty that is proclaimed under section 2253 of (E) any combination of the actions described this title on an imported article is different in subparagraphs (A) through (D). from a duty increase or imposition that was proclaimed for such an article under this section, (3) The Commission shall specify the type, then the entry of any such article for which liq- amount, and duration of the action rec- uidation was suspended under paragraph (3) ommended by it under paragraph (1). The limita- shall be liquidated at whichever of such rates of tions set forth in section 2253(e) of this title are duty is lower. applicable to the action recommended by the (D) If provisional relief in the form of an in- Commission. crease in, or the imposition of, a duty is pro- (4) In addition to the recommendation made claimed under this section with respect to an under paragraph (1), the Commission may also imported article and neither a duty increase nor recommend that the President— a duty imposition is proclaimed under section (A) initiate international negotiations to ad- 2253 of this title regarding such article, the dress the underlying cause of the increase in entry of any such article for which liquidation imports of the article or otherwise to alleviate was suspended under paragraph (3) may be liq- the injury or threat; or uidated at the rate of duty that applied before (B) implement any other action authorized provisional relief was provided. under law that is likely to facilitate positive (5) For purposes of this subsection: adjustment to import competition. (A) The term ‘‘citrus product’’ means any (5) For purposes of making its recommenda- processed oranges or grapefruit, or any orange tion under this subsection, the Commission or grapefruit juice, including concentrate. shall— (B) A perishable agricultural product is any (A) after reasonable notice, hold a public agricultural article, including livestock, re- hearing at which all interested parties shall be garding which the Trade Representative con- provided an opportunity to present testimony siders action under this section to be appro- and evidence; and priate after taking into account— (B) take into account— (i) whether the article has— (i) the form and amount of action de- (I) a short shelf life, scribed in paragraph (2)(A), (B), and (C) that (II) a short growing season, or would prevent or remedy the injury or (III) a short marketing period, threat thereof, (ii) the objectives and actions specified in (ii) whether the article is treated as a per- the adjustment plan, if any, submitted under ishable product under any other Federal law subsection (a)(4) of this section, or regulation; and (iii) any individual commitment that was (iii) any other factor considered appro- submitted to the Commission under sub- priate by the Trade Representative. section (a)(6) of this section, The presence or absence of any factor which (iv) any information available to the Com- the Trade Representative is required to take mission concerning the conditions of com- into account under clause (i), (ii), or (iii) is not petition in domestic and world markets, and necessarily dispositive of whether an article is likely developments affecting such condi- a perishable agricultural product. tions during the period for which action is (C) The term ‘‘provisional relief’’ means— being requested, and (i) any increase in, or imposition of, any (v) whether international negotiations duty; may be constructive to address the injury or (ii) any modification or imposition of any threat thereof or to facilitate adjustment. quantitative restriction on the importation (6) Only those members of the Commission of an article into the United States; or who agreed to the affirmative determination (iii) any combination of actions under under subsection (b) of this section are eligible clauses (i) and (ii). to vote on the recommendation required to be (e) Commission recommendations made under paragraph (1) or that may be made (1) If the Commission makes an affirmative under paragraph (3). Members of the Commis- determination under subsection (b)(1) of this sion who did not agree to the affirmative deter- section, the Commission shall also recommend mination may submit, in the report required the action that would address the serious injury, under subsection (f) of this section, separate Page 513 TITLE 19—CUSTOMS DUTIES § 2252 views regarding what action, if any, should be (1) the Secretary of Labor shall give expe- taken under section 2253 of this title. dited consideration to petitions by workers in (f) Report by Commission the domestic industry for certification for eligibility to apply for adjustment assistance (1) The Commission shall submit to the Presi- under part 2 of this subchapter; and dent a report on each investigation undertaken (2) the Secretary of Commerce shall give ex- under subsection (b) of this section. The report pedited consideration to petitions by firms in shall be submitted at the earliest practicable the domestic industry for certification of eli- time, but not later than 180 days (240 days if the gibility to apply for adjustment assistance petition alleges that critical circumstances under part 3 of this subchapter. exist) after the date on which the petition is filed, the request or resolution is received, or (h) Limitations on investigations the motion is adopted, as the case may be. (1) Except for good cause determined by the (2) The Commission shall include in the report Commission to exist, no investigation for the required under paragraph (1) the following: purposes of this section shall be made with re- (A) The determination made under sub- spect to the same subject matter as a previous section (b) of this section and an explanation investigation under this part, unless 1 year has of the basis for the determination. elapsed since the Commission made its report to (B) If the determination under subsection (b) the President of the results of such previous in- of this section is affirmative, the recom- vestigation. mendations for action made under subsection (2) No new investigation shall be conducted (e) of this section and an explanation of the with respect to an article that is or has been the basis for each recommendation. subject of an action under section 2253(a)(3)(A), (C) Any dissenting or separate views by (B), (C), or (E) of this title if the last day on members of the Commission regarding the de- which the President could take action under termination and any recommendation referred section 2253 of this title in the new investigation to in subparagraphs (A) and (B). is a date earlier than that permitted under sec- (D) The findings required to be included in tion 2253(e)(7) of this title. the report under subsection (c)(2) of this sec- (3)(A) Not later than the date on which the tion. Textiles Agreement enters into force with re- (E) A copy of the adjustment plan, if any, spect to the United States, the Secretary of submitted under section 2251(b)(4) of this title. Commerce shall publish in the Federal Register (F) Commitments submitted, and informa- a list of all articles that are subject to the Tex- tion obtained, by the Commission regarding tiles Agreement. An investigation may be con- steps that firms and workers in the domestic ducted under this section concerning imports of industry are taking, or plan to take, to facili- any article that is subject to the Textiles Agree- tate positive adjustment to import competi- ment only if the United States has integrated tion. that article into GATT 1994 pursuant to the Tex- (G) A description of— tiles Agreement, as set forth in notices pub- (i) the short- and long-term effects that lished in the Federal Register by the Secretary implementation of the action recommended of Commerce, including the notice published under subection 1 (e) of this section is likely under section 3591 of this title. to have on the petitioning domestic indus- (B) For purposes of this paragraph: try, on other domestic industries, and on (i) The term ‘‘Textiles Agreement’’ means consumers, and the Agreement on Textiles and Clothing re- (ii) the short- and long-term effects of not ferred to in section 3511(d)(4) of this title. taking the recommended action on the peti- (ii) The term ‘‘GATT 1994’’ has the meaning tioning domestic industry, its workers and given that term in section 3501(1)(B) of this the communities where production facilities title. of such industry are located, and on other (i) Limited disclosure of confidential business in- domestic industries. formation under protective order (3) The Commission, after submitting a report The Commission shall promulgate regulations to the President under paragraph (1), shall to provide access to confidential business infor- promptly make it available to the public (with mation under protective order to authorized rep- the exception of the confidential information resentatives of interested parties who are par- obtained under subsection (a)(6)(B) of this sec- ties to an investigation under this section. tion and any other information which the Com- mission determines to be confidential) and cause (Pub. L. 93–618, title II, § 202, Jan. 3, 1975, 88 Stat. a summary thereof to be published in the Fed- 2014; Pub. L. 100–418, title I, § 1401(a), Aug. 23, eral Register. 1988, 102 Stat. 1225; Pub. L. 103–182, title III, §§ 315, 317(b), Dec. 8, 1993, 107 Stat. 2107, 2108; Pub. (g) Expedited consideration of adjustment assist- L. 103–465, title III, §§ 301(a)–(d)(2), (4), (e), (f), ance petitions 302(b)(4)(B), 303(1)–(6), Dec. 8, 1994, 108 Stat. If the Commission makes an affirmative deter- 4932–4934, 4936, 4937; Pub. L. 104–295, § 20(c)(5), mination under subsection (b)(1) of this section, Oct. 11, 1996, 110 Stat. 3528; Pub. L. 107–43, title the Commission shall promptly notify the Sec- II, § 222, Sept. 28, 2001, 115 Stat. 250; Pub. L. retary of Labor and the Secretary of Commerce 108–77, title III, § 316, Sept. 3, 2003, 117 Stat. 937; of the determination. After receiving such noti- Pub. L. 108–78, title III, § 316, Sept. 3, 2003, 117 fication— Stat. 967; Pub. L. 108–286, title III, § 316, Aug. 3, 2004, 118 Stat. 945; Pub. L. 108–302, title III, § 316, 1 So in original. Probably should be ‘‘subsection’’. Aug. 17, 2004, 118 Stat. 1120; Pub. L. 109–53, title § 2252 TITLE 19—CUSTOMS DUTIES Page 514

III, § 316, Aug. 2, 2005, 119 Stat. 492; Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057, as amended. Part 1 109–169, title III, § 316, Jan. 11, 2006, 119 Stat. 3597; of title III of the Act probably means part 1 of subtitle Pub. L. 109–283, title III, § 316, Sept. 26, 2006, 120 A of title III of the Act, which is classified generally to Stat. 1207; Pub. L. 110–138, title III, § 316, Dec. 14, subpart 1 (§ 3351 et seq.) of part A of subchapter III of chapter 21 of this title. For complete classification of 2007, 121 Stat. 1483; Pub. L. 112–41, title III, § 316, this Act to the Code, see Short Title note set out under Oct. 21, 2011, 125 Stat. 456; Pub. L. 112–42, title section 3301 of this title and Tables. III, § 316, Oct. 21, 2011, 125 Stat. 491; Pub. L. Title II of the United States-Jordan Free Trade Area 112–43, title III, § 316, Oct. 21, 2011, 125 Stat. 527.) Implementation Act, referred to in subsec. (a)(8), is title II of Pub. L. 107–43, Sept. 28, 2001, 115 Stat. 243, AMENDMENT OF SECTION which is set out in a note under section 2112 of this Pub. L. 112–43, title I, § 107(a), title III, § 316, title. Oct. 21, 2011, 125 Stat. 501, 527, provided that, Title III of the United States-Chile Free Trade Agree- ment Implementation Act, referred to in subsec. (a)(8), effective on the date on which the United is title III of Pub. L. 108–77, Sept. 3, 2003, 117 Stat. 909, States–Panama Trade Promotion Agreement en- which is set out in a note under section 3805 of this ters into force, subsection (a)(8) of this section title. is amended in the first sentence by striking Title III of the United States-Singapore Free Trade ‘‘and’’ and by inserting before the period at the Agreement Implementation Act, referred to in subsec. end ‘‘, and title III of the United (a)(8), is title III of Pub. L. 108–78, Sept. 3, 2003, 117 Stat. States–Panama Trade Promotion Agreement Im- 948, which is set out in a note under section 3805 of this plementation Act’’. See 2011 Amendment note title. Title III of the United States-Australia Free Trade below. Agreement Implementation Act, referred to in subsec. For termination of amendment by section (a)(8), is title III of Pub. L. 108–286, Aug. 3, 2004, 118 107(c) of Pub. L. 112–43, see Effective and Ter- Stat. 941, which is set out in a note under section 3805 mination Dates of 2011 Amendment note below. of this title. Pub. L. 112–42, title I, § 107(a), title III, § 316, Title III of the United States-Morocco Free Trade Oct. 21, 2011, 125 Stat. 466, 491, provided that, Agreement Implementation Act, referred to in subsec. effective on the date the United (a)(8), is title III of Pub. L. 108–302, Aug. 17, 2004, 118 Stat. 1116, which is set out in a note under section 3805 States–Columbia Trade Promotion Agreement of this title. enters into force, subsection (a)(8) of this sec- The Dominican Republic-Central America-United tion is amended by striking ‘‘and’’ and by in- States Free Trade Agreement Implementation Act, re- serting before the period at the end ‘‘, and title ferred to in subsec. (a)(8), is Pub. L. 109–53, Aug. 2, 2005, III of the United States–Colombia Trade Pro- 119 Stat. 462, as amended. Title III of the Act is classi- motion Agreement Implementation Act’’. See fied generally to subchapter III (§ 4051 et seq.) of chap- 2011 Amendment note below. ter 26 of this title. For complete classification of this For termination of amendment by section Act to the Code, see Short Title note set out under section 4001 of this title and Tables. 107(c) of Pub. L. 112–42, see Effective and Ter- Title III of the United States-Bahrain Free Trade mination Dates of 2011 Amendment note below. Agreement Implementation Act, referred to in subsec. For termination of amendment by section (a)(8), is title III of Pub. L. 109–169, Jan. 11, 2006, 119 107(c) of Pub. L. 112–41, see Effective and Ter- Stat. 3593, which is set out in a note under section 3805 mination Dates of 2011 Amendment note below. of this title. For termination of amendment by section Title III of the United States-Oman Free Trade 107(c) of Pub. L. 110–138, see Effective and Ter- Agreement Implementation Act, referred to in subsec. (a)(8), is title III of Pub. L. 109–283, Sept. 26, 2006, 120 mination Dates of 2007 Amendment note below. Stat. 1203, which is set out in a note under section 3805 For termination of amendment by section of this title. 107(c) of Pub. L. 109–283, see Effective and Ter- Title III of the United States-Peru Trade Promotion mination Dates of 2006 Amendment note below. Agreement Implementation Act, referred to in subsec. For termination of amendment by section (a)(8), is title III of Pub. L. 110–138, Dec. 14, 2007, 121 106(c) of Pub. L. 109–169, see Effective and Ter- Stat. 1455, which is set out in a note under section 3805 mination Dates of 2006 Amendment note below. of this title. Title III of the United States–Korea Free Trade For termination of amendment by section Agreement Implementation Act, referred to in subsec. 107(d) of Pub. L. 109–53, see Effective and Ter- (a)(8), is title III of Pub. L. 112–41, Oct. 21, 2011, 125 Stat. mination Dates of 2005 Amendment note below. 451, which is set out in a note under section 3805 of this For termination of amendment by section title. 107(c) of Pub. L. 108–302, see Effective and Ter- The Tariff Act of 1930, referred to in subsec. (c)(5), is mination Dates of 2004 Amendments note below. act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Sub- For termination of amendment by section titles A and B of title VII of the Tariff Act of 1930 are 106(c) of Pub. L. 108–286, see Effective and Ter- classified generally to parts I and II (§ 1671 et seq. and 1673 et seq., respectively) of subtitle IV of chapter 4 of mination Dates of 2004 Amendments note below. this title. For complete classification of this Act to the For termination of amendment by section Code, see section 1654 of this title and Tables. 107(c) of Pub. L. 108–78, see Effective and Ter- mination Dates of 2003 Amendments note below. AMENDMENTS For termination of amendment by section 2011—Subsec. (a)(8). Pub. L. 112–43, §§ 107(c), 316, in 107(c) of Pub. L. 108–77, see Effective and Ter- first sentence, temporarily struck out ‘‘and’’ before mination Dates of 2003 Amendments note below. ‘‘title III of the United States–Colombia Trade Pro- For termination of amendment by section motion Agreement Implementation Act’’ and inserted before period at end ‘‘, and title III of the United 404(c) of Pub. L. 107–43, see Effective and Ter- States–Panama Trade Promotion Agreement Imple- mination Dates of 2001 Amendment note below. mentation Act’’. See Effective and Termination Dates of 2011 Amendment note below. REFERENCES IN TEXT Pub. L. 112–42, §§ 107(c), 316, in first sentence, tempo- The North American Free Trade Agreement Imple- rarily struck out ‘‘and’’ before ‘‘title III of the United mentation Act, referred to in subsec. (a)(8), is Pub. L. States–Korea Free Trade Agreement Implementation Page 515 TITLE 19—CUSTOMS DUTIES § 2252

Act’’ and inserted before period at end ‘‘, and title III the date of filing be amended to request,’’ after ‘‘re- of the United States–Colombia Trade Promotion Agree- quest’’. ment Implementation Act’’. See Effective and Termi- Subsec. (a)(8). Pub. L. 103–465, § 301(a), inserted at end nation Dates of 2011 Amendment note below. ‘‘The Commission may request that parties providing Pub. L. 112–41, §§ 107(c), 316, in first sentence, tempo- confidential business information furnish nonconfiden- rarily struck out ‘‘and’’ before ‘‘title III of the United tial summaries thereof or, if such parties indicate that States-Peru Trade Promotion Agreement Implementa- the information in the submission cannot be summa- tion Act’’ and inserted before period at end ‘‘, and title rized, the reasons why a summary cannot be provided. III of the United States–Korea Free Trade Agreement If the Commission finds that a request for confidential- Implementation Act’’. See Effective and Termination ity is not warranted and if the party concerned is ei- Dates of 2011 Amendment note below. ther unwilling to make the information public or to au- 2007—Subsec. (a)(8). Pub. L. 110–138, §§ 107(c), 316, in thorize its disclosure in generalized or summarized first sentence, temporarily struck out ‘‘and’’ before form, the Commission may disregard the submission.’’ ‘‘title III of the United States-Oman Free Trade Agree- Subsec. (b)(1)(A). Pub. L. 103–465, § 303(2), substituted ment Implementation Act’’ and inserted before period ‘‘subsection (a)’’ for ‘‘subsection (b)’’. at end ‘‘, and title III of the United States-Peru Trade Subsec. (b)(2)(A). Pub. L. 103–465, § 301(d)(2)(A)(i), in- Promotion Agreement Implementation Act’’. See Effec- serted ‘‘(180 days if the petition alleges that critical tive and Termination Dates of 2007 Amendment note circumstances exist)’’ after ‘‘120 days’’. below. Subsec. (b)(2)(B). Pub. L. 103–465, § 301(d)(2)(A)(ii), in- 2006—Subsec. (a)(8). Pub. L. 109–283, §§ 107(c), 316, in serted ‘‘(210 days if the petition alleges that critical first sentence, temporarily struck out ‘‘and’’ before circumstances exist)’’ after ‘‘150 days’’. ‘‘title III of the United States-Bahrain Free Trade Subsec. (b)(3), (4). Pub. L. 103–465, § 301(c), added par. Agreement Implementation Act’’ and inserted before (3), struck out former par. (3) which provided time lim- period at end ‘‘, and title III of the United States-Oman its on Commission determinations where petitioner al- Free Trade Agreement Implementation Act’’. See Ef- leged existence of critical circumstances, and struck fective and Termination Dates of 2006 Amendment note out former par. (4) which provided for notice and hear- below. ings on any adjustment plan submitted under subsec. Pub. L. 109–169, §§ 106(c), 316, in first sentence, tempo- (a) of this section. rarily struck out ‘‘and’’ before ‘‘title III of the Domini- Subsec. (c)(1)(B)(i). Pub. L. 103–465, § 301(e)(1), inserted can Republic-Central America-United States Free ‘‘productivity,’’ after ‘‘wages,’’. Trade Agreement Implementation Act’’ and inserted Subsec. (c)(6). Pub. L. 103–465, § 303(5), substituted before period at end ‘‘, and title III of the United ‘‘section’’ for ‘‘subsection’’ in introductory provisions. States-Bahrain Free Trade Agreement Implementation Subsec. (c)(6)(A). Pub. L. 103–465, § 301(e)(2)(A), amend- Act’’. See Effective and Termination Dates of 2006 ed subpar. (A) generally. Prior to amendment, subpar. Amendment note below. 2005—Subsec. (a)(8). Pub. L. 109–53, §§ 107(d), 316, in (A) read as follows: ‘‘The term ‘domestic industry’ in- first sentence, temporarily struck out ‘‘and’’ before cludes producers located in the United States insular ‘‘title III of the United States-Morocco Free Trade possession.’’ Agreement Implementation Act’’ and inserted before Subsec. (c)(6)(C), (D). Pub. L. 103–465, § 301(e)(2)(B), period at end ‘‘, and title III of the Dominican Repub- added subpars. (C) and (D). Subsec. (d)(1)(C)(i). Pub. L. 103–465, § 303(3)(A), sub- lic-Central America-United States Free Trade Agree- stituted ‘‘subparagraph (B)’’ for ‘‘paragraph (2)’’. ment Implementation Act’’. See Effective and Termi- Subsec. (d)(1)(E), (G). Pub. L. 103–465, § 303(3)(B), nation Dates of 2005 Amendment note below. 2004—Subsec. (a)(8). Pub. L. 108–302, §§ 107(c), 316, in struck out ‘‘or threat thereof’’ after ‘‘the serious in- first sentence, temporarily struck out ‘‘and’’ before jury’’ wherever appearing. ‘‘title III of the United States-Australia’’ and inserted Subsec. (d)(2). Pub. L. 103–465, § 301(d)(1), amended par. before period at end ‘‘, and title III of the United (2) generally. Prior to amendment, par. (2) read as fol- States-Morocco Free Trade Agreement Implementation lows: ‘‘(2)(A) The Commission shall, at the same time it Act’’. See Effective and Termination Dates of 2004 makes an affirmative determination under subsection Amendments note below. Pub. L. 108–286, §§ 106(c), 316, in first sentence, tempo- (b)(3)(A) of this section regarding the existence of criti- rarily struck out ‘‘and’’ before ‘‘title III of the United cal circumstances, find the amount or extent of provi- States-Singapore’’ and inserted before period at end sional relief that is appropriate to address such critical ‘‘, and title III of the United States-Australia Free circumstances. The Commission shall immediately re- Trade Agreement Implementation Act’’. See Effective port to the President each such affirmative determina- and Termination Dates of 2004 Amendments note below. tion and finding. 2003—Subsec. (a)(8). Pub. L. 108–78, §§ 107(c), 316, in ‘‘(B) After receiving a report from the Commission first sentence, temporarily struck out ‘‘and’’ before under subparagraph (A), the President shall, within 7 ‘‘title III of the United States-Chile’’ and inserted be- days after the day on which the report is received and fore period at end ‘‘, and title III of the United States- after taking into account the finding of the Commis- Singapore Free Trade Agreement Implementation sion under subparagraph (A), proclaim such provisional Act’’. See Effective and Termination Dates of 2003 relief, if any, that the President considers appropriate Amendments note below. to address the critical circumstances.’’ Pub. L. 108–77, §§ 107(c), 316, in first sentence, tempo- Subsec. (d)(3). Pub. L. 103–465, § 301(d)(4)(A), sub- rarily struck out ‘‘and’’ before ‘‘title II’’ and inserted stituted ‘‘(2)(D)’’ for ‘‘(2)(B)’’ and ‘‘paragraph (2)(A)’’ for before period at end ‘‘, and title III of the United ‘‘subsection (b)(1) of this section’’. States-Chile Free Trade Agreement Implementation Subsec. (d)(4)(A)(i). Pub. L. 103–465, §§ 301(d)(4)(B), Act’’. See Effective and Termination Dates of 2003 303(4), inserted ‘‘or (2)(D)’’ after ‘‘(1)(G)’’ and sub- Amendments note below. stituted ‘‘subsection (b) of this section’’ for ‘‘section 2001—Subsec. (a)(8). Pub. L. 107–43, in first sentence, 2253(a) of this title’’. temporarily substituted ‘‘, part 1’’ for ‘‘and part 1’’ and Subsec. (f)(1). Pub. L. 103–465, § 301(d)(2)(B), inserted inserted before period at end ‘‘, and title II of the ‘‘(240 days if the petition alleges that critical circum- United States-Jordan Free Trade Area Implementation stances exist)’’ after ‘‘180 days’’. Act’’. See Effective and Termination Dates of 2001 Subsec. (f)(2)(G)(ii). Pub. L. 103–465, § 303(6), sub- Amendment note below. stituted ‘‘industry are located’’ for ‘‘industry is lo- 1996—Subsec. (d)(4)(A)(i). Pub. L. 104–295 made tech- cated’’. nical amendment to reference in original act which ap- Subsec. (h)(2). Pub. L. 103–465, § 302(b)(4)(B), amended pears in text as reference to subsection (b) of this sec- par. (2) generally. Prior to amendment, par. (2) read as tion. follows: ‘‘If an article was the subject of an investiga- 1994—Subsec. (a)(2)(B)(ii). Pub. L. 103–465, § 303(1), tion under this section that resulted in any action de- struck out ‘‘, or at any time before the 150th day after scribed in section 2253(a)(3)(A), (B), (C), or (E) of this § 2252 TITLE 19—CUSTOMS DUTIES Page 516 title being taken under section 2253 of this title, no and, during any period in which a country ceases to be other investigation under this part may be initiated a CAFTA–DR country, to cease to have effect with re- with respect to such article while such action is in ef- spect to such country, see section 107 of Pub. L. 109–53, fect or during the period beginning on the date on set out as an Effective and Termination Dates note which such action terminates that is equal in duration under section 4001 of this title. to the period during which such action was in effect.’’ Subsec. (h)(3). Pub. L. 103–465, § 301(f), added par. (3). EFFECTIVE AND TERMINATION DATES OF 2004 Subsec. (i). Pub. L. 103–465, § 301(b), added subsec. (i). AMENDMENTS 1993—Subsec. (a)(8). Pub. L. 103–182, § 317(b), added Amendment by Pub. L. 108–302 effective on the date par. (8). on which the United States-Morocco Free Trade Agree- Subsec. (d)(1)(A). Pub. L. 103–182, § 315(1), inserted ‘‘or ment enters into force (July 1, 2005) and to cease to be citrus product’’ after ‘‘agricultural product’’ wherever effective on the date on which the Agreement termi- appearing. nates, see section 107(a), (c) of Pub. L. 108–302, set out Subsec. (d)(1)(C). Pub. L. 103–182, § 315(2), in cl. (i) and in a note under section 3805 of this title. provisions before subcl. (I), inserted ‘‘or citrus product’’ Amendment by Pub. L. 108–286 effective on the date after ‘‘agricultural product’’ wherever appearing and in on which the United States-Australia Free Trade provisions before subcl. (I), inserted ‘‘or citrus product’’ Agreement enters into force (Jan. 1, 2005) and to cease after ‘‘competitive perishable product’’. to be effective on the date on which the Agreement ter- Subsec. (d)(5). Pub. L. 103–182, § 315(3), (4), added sub- minates, see section 106(a), (c) of Pub. L. 108–286, set par. (A) and redesignated former subpars. (A) and (B) as out in a note under section 3805 of this title. (B) and (C), respectively. 1988—Pub. L. 100–418, in amending section generally, EFFECTIVE AND TERMINATION DATES OF 2003 substituted provisions relating to investigations, deter- AMENDMENTS minations and recommendations by Commission for Amendment by Pub. L. 108–78 effective on the date provisions relating to Presidential action after inves- the United States-Singapore Free Trade Agreement en- tigations. See section 2253 of this title. ters into force (Jan. 1, 2004), and to cease to be effective EFFECTIVE AND TERMINATION DATES OF 2011 on the date the Agreement ceases to be in force, see AMENDMENT section 107(a), (c) of Pub. L. 108–78, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–43 effective on the date Amendment by Pub. L. 108–77 effective on the date the United States–Panama Trade Promotion Agree- the United States-Chile Free Trade Agreement enters ment enters into force and to cease to be effective on into force (Jan. 1, 2004), and to cease to be effective on the date the Agreement terminates, see section 107(a), the date the Agreement ceases to be in force, see sec- (c) of Pub. L. 112–43, set out in a note under section 3805 tion 107(a), (c) of Pub. L. 108–77, set out in a note under of this title. section 3805 of this title. Amendment by Pub. L. 112–42 effective on the date the United States–Columbia Trade Promotion Agree- EFFECTIVE AND TERMINATION DATES OF 2001 ment enters into force and to cease to be effective on AMENDMENT the date the Agreement terminates, see section 107(a), Amendment by Pub. L. 107–43 effective on the date (c) of Pub. L. 112–42, set out in a note under section 3805 the Agreement between the United States of America of this title. and the Hashemite Kingdom of Jordan on the Estab- Amendment by Pub. L. 112–41 effective on the date lishment of a Free Trade Area enters into force (Dec. the United States–Korea Free Trade Agreement enters 17, 2001), and ceases to be effective on the date the into force (Mar. 15, 2012) and to cease to be effective on Agreement ceases to be in force, see section 404(a), (c), the date the Agreement terminates, see section 107(a), of Pub. L. 107–43, set out in a note under section 2112 of (c) of Pub. L. 112–41, set out in a note under section 3805 this title. of this title. EFFECTIVE DATE OF 1994 AMENDMENT EFFECTIVE AND TERMINATION DATES OF 2007 AMENDMENT Section 304 of title III of Pub. L. 103–465 provided Amendment by Pub. L. 110–138 effective on the date that: the United States-Peru Trade Promotion Agreement ‘‘(a) IN GENERAL.—Except as provided in subsection enters into force (Feb. 1, 2009) and to cease to be effec- (b), this subtitle [subtitle A (§§ 301–304) of title III of tive on the date the Agreement ceases to be in force, Pub. L. 103–465, amending this section and sections 2253 see section 107(a), (c) of Pub. L. 110–138, set out in a and 2254 of this title] and the amendments made by this note under section 3805 of this title. subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United EFFECTIVE AND TERMINATION DATES OF 2006 States [Jan. 1, 1995]. AMENDMENT ‘‘(b) SECTION 301(b).—The amendment made by section 301(b) [amending this section] takes effect on the Amendment by Pub. L. 109–283 effective on the date date of the enactment of this Act [Dec. 8, 1994].’’ on which the United States-Oman Free Trade Agree- ment enters into force (Jan. 1, 2009) and to cease to be EFFECTIVE DATES OF 1993 AMENDMENT effective on the date on which the Agreement terminates, see section 107(a), (c) of Pub. L. 109–283, set out Amendment by Pub. L. 103–182 effective on the date in a note under section 3805 of this title. the North American Free Trade Agreement enters into Amendment by Pub. L. 109–169 effective on the date force with respect to the United States [Jan. 1, 1994], on which the United States-Bahrain Free Trade Agree- see section 318 of Pub. L. 103–182, set out as an Effective ment enters into force (Aug. 1, 2006) and to cease to be Date note under section 3351 of this title. effective on the date on which the Agreement termi- EFFECTIVE DATE OF 1988 AMENDMENT nates, see section 106(a), (c) of Pub. L. 109–169, set out in a note under section 3805 of this title. Amendment by Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated EFFECTIVE AND TERMINATION DATES OF 2005 under this part on or after that date, see section 1401(c) AMENDMENT of Pub. L. 100–418, set out as a note under section 2251 Amendment by Pub. L. 109–53 effective on the date of this title. the Dominican Republic-Central America-United URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement The Uruguay Round Agreements, including the World ceases to be in force with respect to the United States, Trade Organization Agreement and agreements an- Page 517 TITLE 19—CUSTOMS DUTIES § 2253 nexed to that Agreement, as referred to in section (G) the extent to which there is diversion of 3511(d) of this title, entered into force with respect to foreign exports to the United States market the United States on Jan. 1, 1995. See note set out by reason of foreign restraints; under section 3511 of this title. (H) the potential for circumvention of any § 2253. Action by President after determination action taken under this section; of import injury (I) the national security interests of the United States; and (a) In general (J) the factors required to be considered by (1)(A) After receiving a report under section the Commission under section 2252(e)(5) of this 2252(f) of this title containing an affirmative title. finding regarding serious injury, or the threat (3) The President may, for purposes of taking thereof, to a domestic industry, the President action under paragraph (1)— shall take all appropriate and feasible action (A) proclaim an increase in, or the imposi- within his power which the President deter- tion of, any duty on the imported article; mines will facilitate efforts by the domestic in- (B) proclaim a tariff-rate quota on the arti- dustry to make a positive adjustment to import cle; competition and provide greater economic and (C) proclaim a modification or imposition of social benefits than costs. any quantitative restriction on the importa- (B) The action taken by the President under tion of the article into the United States; subparagraph (A) shall be to such extent, and for (D) implement one or more appropriate ad- such duration, subject to subsection (e)(1) of this justment measures, including the provision of section, that the President determines to be ap- trade adjustment assistance under part 2 of propriate and feasible under such subparagraph. this subchapter; (C) The interagency trade organization estab- (E) negotiate, conclude, and carry out agree- lished under section 1872(a) of this title shall, ments with foreign countries limiting the ex- with respect to each affirmative determination port from foreign countries and the import reported under section 2252(f) of this title, make into the United States of such article; a recommendation to the President as to what (F) proclaim procedures necessary to allo- action the President should take under subpara- cate among importers by the auction of im- graph (A). port licenses quantities of the article that are (2) In determining what action to take under permitted to be imported into the United paragraph (1), the President shall take into ac- States; count— (G) initiate international negotiations to ad- (A) the recommendation and report of the dress the underlying cause of the increase in Commission; imports of the article or otherwise to alleviate (B) the extent to which workers and firms in the injury or threat thereof; the domestic industry are— (H) submit to Congress legislative proposals (i) benefitting from adjustment assistance to facilitate the efforts of the domestic indus- and other manpower programs, and try to make a positive adjustment to import (ii) engaged in worker retraining efforts; competition; (C) the efforts being made, or to be imple- (I) take any other action which may be mented, by the domestic industry (including taken by the President under the authority of the efforts included in any adjustment plan or law and which the President considers appro- commitment submitted to the Commission priate and feasible for purposes of paragraph under section 2252(a) of this title) to make a (1); and positive adjustment to import competition; (J) take any combination of actions listed in (D) the probable effectiveness of the actions subparagraphs (A) through (I). authorized under paragraph (3) to facilitate (4)(A) Subject to subparagraph (B), the Presi- positive adjustment to import competition; dent shall take action under paragraph (1) with- (E) the short- and long-term economic and in 60 days (50 days if the President has pro- social costs of the actions authorized under claimed provisional relief under section paragraph (3) relative to their short- and long- 2252(d)(2)(D) of this title with respect to the arti- term economic and social benefits and other cle concerned) after receiving a report from the considerations relative to the position of the Commission containing an affirmative deter- domestic industry in the United States econ- mination under section 2252(b)(1) of this title (or omy; a determination under such section which he (F) other factors related to the national eco- considers to be an affirmative determination by nomic interest of the United States, including, reason of section 1330(d) of this title). but not limited to— (B) If a supplemental report is requested under (i) the economic and social costs which paragraph (5), the President shall take action would be incurred by taxpayers, commu- under paragraph (1) within 30 days after the sup- nities, and workers if import relief were not plemental report is received, except that, in a provided under this part, case in which the President has proclaimed pro- (ii) the effect of the implementation of ac- visional relief under section 2252(d)(2)(D) of this tions under this section on consumers and title with respect to the article concerned, ac- on competition in domestic markets for arti- tion by the President under paragraph (1) may cles, and not be taken later than the 200th day after the (iii) the impact on United States indus- provisional relief was proclaimed. tries and firms as a result of international (5) The President may, within 15 days after the obligations regarding compensation; date on which he receives a report from the § 2253 TITLE 19—CUSTOMS DUTIES Page 518

Commission containing an affirmative deter- (e) Limitations on actions mination under section 2252(b)(1) of this title, (1)(A) Subject to subparagraph (B), the dura- request additional information from the Com- tion of the period in which an action taken mission. The Commission shall, as soon as prac- under this section may be in effect shall not ex- ticable but in no event more than 30 days after ceed 4 years. Such period shall include the pe- the date on which it receives the President’s re- riod, if any, in which provisional relief under quest, furnish additional information with re- section 2252(d) of this title was in effect. spect to the industry in a supplemental report. (B)(i) Subject to clause (ii), the President, (b) Reports to Congress after receiving an affirmative determination (1) On the day the President takes action from the Commission under section 2254(c) of under subsection (a)(1) of this section, the Presi- this title (or, if the Commission is equally di- dent shall transmit to Congress a document de- vided in its determination, a determination scribing the action and the reasons for taking which the President considers to be an affirma- the action. If the action taken by the President tive determination of the Commission), may ex- differs from the action required to be rec- tend the effective period of any action under ommended by the Commission under section this section if the President determines that— 2252(e)(1) of this title, the President shall state (I) the action continues to be necessary to in detail the reasons for the difference. prevent or remedy the serious injury; and (2) On the day on which the President decides (II) there is evidence that the domestic in- that there is no appropriate and feasible action dustry is making a positive adjustment to im- to take under subsection (a)(1) of this section port competition. with respect to a domestic industry, the Presi- (ii) The effective period of any action under dent shall transmit to Congress a document that this section, including any extensions thereof, sets forth in detail the reasons for the decision. may not, in the aggregate, exceed 8 years. (3) On the day on which the President takes (2) Action of a type described in subsection any action under subsection (a)(1) of this section (a)(3)(A), (B), or (C) of this section may be taken that is not reported under paragraph (1), the under subsection (a)(1) of this section, under sec- President shall transmit to Congress a docu- tion 2252(d)(1)(G) of this title, or under section ment setting forth the action being taken and 2252(d)(2)(D) of this title only to the extent the the reasons therefor. cumulative impact of such action does not ex- (c) Implementation of action recommended by ceed the amount necessary to prevent or remedy Commission the serious injury. If the President reports under subsection (b)(1) (3) No action may be taken under this section or (2) of this section that— which would increase a rate of duty to (or im- (1) the action taken under subsection (a)(1) pose a rate) which is more than 50 percent ad va- of this section differs from the action rec- lorem above the rate (if any) existing at the ommended by the Commission under section time the action is taken. 2252(e)(1) of this title; or (4) Any action taken under this section pro- (2) no action will be taken under subsection claiming a quantitative restriction shall permit (a)(1) of this section with respect to the do- the importation of a quantity or value of the ar- mestic industry; ticle which is not less than the average quantity the action recommended by the Commission or value of such article entered into the United shall take effect (as provided in subsection (d)(2) States in the most recent 3 years that are rep- of this section) upon the enactment of a joint resentative of imports of such article and for resolution described in section 2192(a)(1)(A) of which data are available, unless the President this title within the 90-day period beginning on finds that the importation of a different quan- the date on which the document referred to in tity or value is clearly justified in order to pre- subsection (b)(1) or (2) of this section is trans- vent or remedy the serious injury. mitted to the Congress. (5) An action described in subsection (a)(3)(A), (d) Time for taking effect of certain relief (B), or (C) of this section that has an effective (1) Except as provided in paragraph (2), any ac- period of more than 1 year shall be phased down tion described in subsection (a)(3)(A), (B), or (C) at regular intervals during the period in which of this section, that is taken under subsection the action is in effect. (6)(A) The suspension, pursuant to any action (a)(1) of this section shall take effect within 15 days after the day on which the President pro- taken under this section, of— (i) subheadings 9802.00.60 or 9802.00.80 of the claims the action, unless the President an- Harmonized Tariff Schedule of the United nounces, on the date he decides to take such ac- States with respect to an article; and tion, his intention to negotiate one or more (ii) the designation of any article as an eligi- agreements described in subsection (a)(3)(E) of ble article for purposes of subchapter V of this this section in which case the action under subchapter; section (a)(3)(A), (B), or (C) of this section shall be proclaimed and take effect within 90 days shall be treated as an increase in duty. after the date of such decision. (B) No proclamation providing for a suspen- (2) If the contingency set forth in subsection sion referred to in subparagraph (A) with respect (c) of this section occurs, the President shall, to any article may be made by the President, within 30 days after the date of the enactment of nor may any such suspension be recommended the joint resolution referred to in such sub- by the Commission under section 2252(e) of this section, proclaim the action recommended by title, unless the Commission, in addition to the Commission under section 2252(e)(1) of this making an affirmative determination under sec- title. tion 2252(b)(1) of this title, determines in the Page 519 TITLE 19—CUSTOMS DUTIES § 2253 course of its investigation under section 2252(b) that is concluded under this part with one or of this title that the serious injury, or threat more countries accounting for a major part of thereof, substantially caused by imports to the United States imports of the article covered by domestic industry producing a like or directly such agreement, including imports into a major competitive article results from, as the case geographic area of the United States, the Presi- may be— dent may issue regulations governing the entry (i) the application of subheading 9802.00.60 or or withdrawal from warehouse of like articles subheading 9802.00.80 of the Harmonized Tariff which are the product of countries not parties to Schedule of the United States; or such agreement. (ii) the designation of the article as an eligi- (3) Regulations prescribed under this sub- ble article for the purposes of subchapter V of section shall, to the extent practicable and con- this chapter. sistent with efficient and fair administration, (7)(A) If an article was the subject of an action insure against inequitable sharing of imports by under subparagraph (A), (B), (C), or (E) of sub- a relatively small number of the larger import- section (a)(3) of this section, no new action may ers. be taken under any of those subparagraphs with (Pub. L. 93–618, title II, § 203, Jan. 3, 1975, 88 Stat. respect to such article for— 2015; Pub. L. 96–39, title XI, § 1106(d), July 26, (i) a period beginning on the date on which 1979, 93 Stat. 312; Pub. L. 98–573, title II, § 248(a), the previous action terminates that is equal to Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100–418, title the period in which the previous action was in I, §§ 1214(j)(2), 1401(a), Aug. 23, 1988, 102 Stat. 1158, effect, or 1234; Pub. L. 100–647, title IX, § 9001(a)(2), Nov. 10, (ii) a period of 2 years beginning on the date 1988, 102 Stat. 3806; Pub. L. 103–465, title III, on which the previous action terminates, §§ 301(d)(3), 302(a)–(b)(4)(A), 303(7)–(10), Dec. 8, whichever is greater. 1994, 108 Stat. 4933–4937.) (B) Notwithstanding subparagraph (A), if the REFERENCES IN TEXT previous action under subparagraph (A), (B), (C), The Harmonized Tariff Schedule of the United States, or (E) of subsection (a)(3) of this section with re- referred to in subsec. (e)(6), is not set out in the Code. spect to an article was in effect for a period of See Publication of Harmonized Tariff Schedule note set 180 days or less, the President may take a new out under section 1202 of this title. action under any of those subparagraphs with AMENDMENTS respect to such article if— (i) at least 1 year has elapsed since the pre- 1994—Subsec. (a)(2)(C). Pub. L. 103–465, § 303(7), substituted ‘‘2252(a)’’ for ‘‘2251(b)’’. vious action went into effect; and Subsec. (a)(3)(E). Pub. L. 103–465, § 302(a)(1), struck (ii) an action described in any of those sub- out ‘‘orderly marketing’’ before ‘‘agreements’’. paragraphs has not been taken with respect to Subsec. (a)(4). Pub. L. 103–465, § 301(d)(3), designated such article more than twice in the 5-year pe- existing provisions as subpar. (A), substituted ‘‘Subject riod immediately preceding the date on which to subparagraph (B), the’’ for ‘‘The’’, inserted ‘‘(50 days the new action with respect to such article if the President has proclaimed provisional relief under first becomes effective. section 2252(d)(2)(D) of this title with respect to the article concerned)’’ after ‘‘60 days’’, and substituted a pe- (f) Certain agreements riod and subpar. (B) for ‘‘; except that if a supple- (1) If the President takes action under this mental report is requested under paragraph (5), the section other than the implemention 1 of agree- President shall take action under paragraph (1) within ments of the type described in subsection 30 days after the supplemental report is received.’’ Subsec. (c). Pub. L. 103–465, § 303(8), substituted ‘‘sub- (a)(3)(E) of this section, the President may, after section (d)(2)’’ for ‘‘subsection (c)(2)’’ in concluding pro- such action takes effect, negotiate agreements visions. of the type described in subsection (a)(3)(E) of Subsec. (d)(1). Pub. L. 103–465, § 302(a)(2), substituted this section, and may, after such agreements ‘‘agreements described in subsection (a)(3)(E) of this take effect, suspend or terminate, in whole or in section’’ for ‘‘orderly marketing agreements’’. part, any action previously taken. Subsec. (e)(1). Pub. L. 103–465, § 302(b)(1), amended par. (2) If an agreement implemented under sub- (1) generally. Prior to amendment, par. (1) read as follows: section (a)(3)(E) of this section is not effective, ‘‘(1)(A) The duration of the period in which action the President may, consistent with the limita- taken under this section may be in effect shall not ex- tions contained in subsection (e) of this section, ceed 8 years. take additional action under subsection (a) of ‘‘(B) If the initial effective period for action taken this section. under this section is less than 8 years, the President may extend the effective period once, but the aggregate (g) Regulations of the initial period and the extension may not exceed (1) The President shall by regulation provide 8 years.’’ for the efficient and fair administration of all Subsec. (e)(2). Pub. L. 103–465, § 303(9), substituted ‘‘of actions taken for the purpose of providing im- a type described in subsection (a)(3)(A), (B), or (C) of this section may be taken under subsection (a)(1) of port relief under this part. this section, under section 2252(d)(1)(G) of this title, or (2) In order to carry out an international under section 2252(d)(2)(D) of this title’’ for ‘‘may be agreement concluded under this part, the Presi- taken under subsection (a)(1)(A), (B), or (C) of this sec- dent may prescribe regulations governing the tion or under section 2252(d)(2)(B) of this title’’ and entry or withdrawal from warehouse of articles struck out ‘‘or threat thereof’’ after ‘‘the serious in- covered by such agreement. In addition, in order jury’’. to carry out any agreement of the type de- Subsec. (e)(4), (5). Pub. L. 103–465, § 302(b)(2), (3), scribed in subsection (a)(3)(E) of this section amended pars. (4) and (5) generally. Prior to amendment, pars. (4) and (5) read as follows: ‘‘(4) Any action taken under this section proclaiming 1 So in original. Probably should be ‘‘implementation’’. a quantitative restriction shall permit the importation § 2253 TITLE 19—CUSTOMS DUTIES Page 520 of a quantity or value of the article which is not less section or announces his intention to negotiate one or than the quantity or value of such article imported more orderly marketing agreements’’ and section into the United States during the most recent period ‘‘2251(d)(1)(A)’’ for ‘‘2251(b)(1)(A)’’ of this title. that is representative of imports of such article. Subsec. (b)(3). Pub. L. 96–39, § 1106(d)(2)(C), added par. ‘‘(5) To the extent feasible, an effective period of (3). more than 3 years for an action described in subsection Subsec. (c)(1). Pub. L. 96–39, § 1106(d)(3)(A), (B), sub- (a)(3)(A), (B), or (C) of this section shall be phased down stituted ‘‘section 2251(d)(1)(A)’’ for ‘‘section during the period in which the action is taken, with the 2251(b)(1)(A)’’ of this title and inserted ‘‘under the pro- first reduction taking effect no later than the close of cedures set forth in section 2192 of this title’’ after the day which is 3 years after the day on which such ac- ‘‘voting’’. tion first takes effect.’’ Subsec. (e)(3). Pub. L. 96–39, § 1106(d)(4), substituted Subsec. (e)(6)(B). Pub. L. 103–465, § 303(10), substituted ‘‘subsection (a) of this section’’ for ‘‘subsection (a)(1), ‘‘section 2252(e) of this title’’ for ‘‘subsection (c) of this (2), (3), or (5) of this section’’. section’’ and ‘‘section 2252(b) of this title’’ for ‘‘sub- Subsec. (g)(1). Pub. L. 96–39, § 1106(d)(5)(A), (B), struck section (a) of this section’’. out ‘‘quantitative’’ before ‘‘restriction’’ and sub- Subsec. (e)(7). Pub. L. 103–465, § 302(b)(4)(A), added par. stituted ‘‘pursuant to this section’’ for ‘‘pursuant to (7). subsection (a)(3) or (c) of this section’’. Subsec. (f). Pub. L. 103–465, § 302(a)(3), in heading, sub- Subsec. (g)(2). Pub. L. 96–39, § 1106(d)(6), inserted ref- stituted ‘‘Certain’’ for ‘‘Orderly marketing and other’’, erences to subsec. (e)(3) of this section. in par. (1), substituted ‘‘implementation of agreements Subsec. (h)(3). Pub. L. 96–39, § 1106(d)(7)(A), (B), in- of the type described in subsection (a)(3)(E) of this sec- serted reference to subsec. (i)(3) of this section and sub- tion’’ for ‘‘implementation of orderly marketing agree- stituted ‘‘one period of not more than 3 years’’ for ‘‘one ments’’ and ‘‘negotiate agreements of the type de- 3-year period’’. scribed in subsection (a)(3)(E) of this section’’ for ‘‘ne- Subsec. (h)(4). Pub. L. 96–39, § 1106(d)(7)(A), inserted gotiate orderly marketing agreements with foreign reference to subsec. (i)(3) of this section. countries’’, and in par. (2), substituted ‘‘agreement im- EFFECTIVE DATE OF 1994 AMENDMENT plemented under subsection (a)(3)(E) of this section’’ for ‘‘orderly marketing agreement implemented under Amendment by Pub. L. 103–465 effective on the date subsection (a) of this section’’. on which the WTO Agreement enters into force with re- Subsec. (g)(2). Pub. L. 103–465, § 302(a)(4), in first sen- spect to the United States [Jan. 1, 1995], see section tence, struck out ‘‘orderly marketing or other’’ before 304(a) of Pub. L. 103–465, set out as a note under section ‘‘international’’, and in second sentence, substituted 2252 of this title. ‘‘agreement of the type described in subsection (a)(3)(E) EFFECTIVE DATE OF 1988 AMENDMENTS of this section that is’’ for ‘‘orderly marketing agreement’’ and ‘‘covered by such agreement’’ for ‘‘covered Amendment by Pub. L. 100–647 applicable as if such by such agreements’’. amendment took effect on Aug. 23, 1988, see section 1988—Pub. L. 100–418, § 1401(a), in amending section 9001(b) of Pub. L. 100–647, set out as an Effective and generally, substituted provisions relating to action by Termination Dates of 1988 Amendments note under sec- President after determination of import injury for pro- tion 58c of this title. visions relating to import relief. Amendment by section 1214(j)(2) of Pub. L. 100–418 ef- Subsec. (e)(6)(A)(i). Pub. L. 100–418, § 1214(j)(2)(A), as fective Jan. 1, 1989, and applicable with respect to arti- amended by Pub. L. 100–647, § 9001(a)(2)(B)(i), (ii), sub- cles entered on or after such date, see section 1217(b)(1) stituted ‘‘subheadings 9802.00.60 or 9802.00.80 of the Har- of Pub. L. 100–418, set out as an Effective Date note monized Tariff Schedule of the United States’’ for under section 3001 of this title. ‘‘item 806.30 or 807.00 of the Tariff Schedules of the Amendment by section 1401a of Pub. L. 100–418 effec- United States’’. tive Aug. 23, 1988, and applicable with respect to inves- Subsec. (e)(6)(B). Pub. L. 100–647, § 9001(a)(2)(A), sub- tigations initiated under this part on or after that stituted ‘‘(i) the application’’ for ‘‘(A) the application’’, date, see section 1401(c) of Pub. L. 100–418, set out as a and ‘‘(ii) the designation’’ for ‘‘(B) the designation’’. note under section 2251 of this title. Subsec. (e)(6)(B)(i). Pub. L. 100–418, § 1214(j)(2)(B), as EFFECTIVE DATE OF 1984 AMENDMENT amended by Pub. L. 100–647, § 9001(a)(2)(B)(i), (iii), substituted ‘‘subheading 9802.00.60 or subheading 9802.00.80 Amendment by Pub. L. 98–573 effective on 15th day of the Harmonized Tariff Schedule of the United after Oct. 30, 1984, see section 214(a), (b) of Pub. L. States’’ for ‘‘item 806.30 or item 807.00’’. 98–573, set out as a note under section 1304 of this title. 1984—Subsec. (c)(1). Pub. L. 98–573, § 248(a)(1), sub- EFFECTIVE DATE OF 1979 AMENDMENT stituted provision that the action recommended by the Commission shall take effect upon enactment of a joint Amendment by Pub. L. 96–39 effective July 26, 1979, resolution described in section 2192(a)(1)(A) of this title see section 1114 of Pub. L. 96–39, set out as an Effective for provision that the action recommended by the Com- Date note under section 2581 of this title. mission would take effect upon the adoption by both STEEL IMPORT STABILIZATION Houses of Congress, by an affirmative vote of a majority of the Members of each House present and voting Title VIII of Pub. L. 98–573, as amended by Pub. L. under the procedures set forth in section 2192 of this 100–418, title I, § 1322, Aug. 23, 1988, 102 Stat. 1195; Pub. title, of a concurrent resolution disapproving the ac- L. 101–221, §§ 2, 3(a), 4–6(a), Dec. 12, 1989, 103 Stat. tion taken by the President or his determination not to 1886–1889, known as the Steel Import Stabilization Act, provide import relief under section 2252(a)(1)(A) of this endorsed principles and goals of steel trade liberaliza- title. tion program as announced by the President on July 25, Subsec. (c)(2). Pub. L. 98–573, § 248(a)(2), substituted 1989, and provided for its implementation, granted spe- ‘‘enactment of the joint resolution referred to in para- cific enforcement powers to President to carry out graph (1)’’ for ‘‘adoption of such resolution’’ and ‘‘sec- terms and conditions of bilateral arrangements entered tion 2251(d)’’ for ‘‘section 2251(b)’’. into for purposes of implementing that program, made 1979—Subsec. (a)(4). Pub. L. 96–39, § 1106(d)(1), sub- continuation of those powers subject to condition that stituted ‘‘negotiate, conclude, and carry out’’ for ‘‘ne- steel industry continue to modernize its plant and gotiate’’. equipment and provide for appropriate worker retrain- Subsec. (b)(1). Pub. L. 96–39, § 1106(d)(2)(A), (B), sub- ing, directed Secretary of Labor to prepare and submit stituted ‘‘On the day the President determines under to Congress plan of action for assisting workers in com- section 2252 of this title to provide import relief, in- munities adversely affected by imports of steel prod- cluding announcement of his intention to negotiate an ucts, and provided that section 805 which provided en- orderly marketing agreement’’ for ‘‘On the day on forcement authority for President would terminate which the President proclaims import relief under this Mar. 31, 1992. Page 521 TITLE 19—CUSTOMS DUTIES § 2254

LIMITATION ON MEAT IMPORTS that changed circumstances warrant such re- Pub. L. 88–482, § 2, Aug. 22, 1964, 78 Stat. 594, as amend- duction, or termination; or ed by Pub. L. 96–177, Dec. 31, 1979, 93 Stat. 1291; Pub. L. (B) determines, after a majority of the rep- 100–418, title I, § 1214(u), Aug. 23, 1988, 102 Stat. 1162; resentatives of the domestic industry submits Pub. L. 100–449, title III, § 301(b), Sept. 28, 1988, 102 Stat. to the President a petition requesting such re- 1867; Pub. L. 103–182, title III, § 321(a), Dec. 8, 1993, 107 duction, modification, or termination on such Stat. 2108, provided that this section was to be cited as the ‘‘Meat Import Act of 1979’’, defined terms for pur- basis, that the domestic industry has made a poses of this section, limited with exception the aggre- positive adjustment to import competition. gate quantity of meat articles which could enter the (2) Notwithstanding paragraph (1), the Presi- country in any calendar year after 1979, provided for dent is authorized to take such additional ac- adjustment of aggregate quantity for calendar years after 1979, required Secretary of Agriculture to esti- tion under section 2253 of this title as may be mate and publish yearly aggregate quantity, author- necessary to eliminate any circumvention of ized President to increase or limit by proclamation the any action previously taken under such section. total quantity of meat articles entering this country (3) Notwithstanding paragraph (1), the Presi- under certain circumstances, and provided for suspen- dent may, after receipt of a Commission deter- sion of such proclamations after providing notice in mination under section 3538(a)(4) of this title Federal Register and opportunity to comment, prior to and consulting with the Committee on Ways and repeal by Pub. L. 103–465, title IV, § 403, Dec. 8, 1994, 108 Stat. 4959, effective on the date of entry into force of Means of the House of Representatives and the the WTO Agreement with respect to the United States Committee on Finance of the Senate, reduce, (Jan. 1, 1995). modify, or terminate action taken under section 2253 of this title. § 2254. Monitoring, modification, and termination (c) Extension of action of action (1) Upon request of the President, or upon peti- (a) Monitoring tion on behalf of the industry concerned filed (1) So long as any action taken under section with the Commission not earlier than the date 2253 of this title remains in effect, the Commis- which is 9 months, and not later than the date sion shall monitor developments with respect to which is 6 months, before the date any action the domestic industry, including the progress taken under section 2253 of this title is to termi- and specific efforts made by workers and firms nate, the Commission shall investigate to deter- in the domestic industry to make a positive ad- mine whether action under section 2253 of this justment to import competition. title continues to be necessary to prevent or (2) If the initial period during which the action remedy serious injury and whether there is evi- taken under section 2253 of this title is in effect dence that the industry is making a positive ad- exceeds 3 years, or if an extension of such action justment to import competition. exceeds 3 years, the Commission shall submit a (2) The Commission shall publish notice of the report on the results of the monitoring under commencement of any proceeding under this paragraph (1) to the President and to the Con- subsection in the Federal Register and shall, gress not later than the date that is the mid- within a reasonable time thereafter, hold a pub- point of the initial period, and of each such ex- lic hearing at which the Commission shall afford tension, during which the action is in effect. interested parties and consumers an opportunity (3) In the course of preparing each report to be present, to present evidence, and to re- under paragraph (2), the Commission shall hold spond to the presentations of other parties and a hearing at which interested persons shall be consumers, and otherwise to be heard. given a reasonable opportunity to be present, to (3) The Commission shall transmit to the produce evidence, and to be heard. (4) Upon request of the President, the Commis- President a report on its investigation and de- sion shall advise the President of its judgment termination under this subsection not later than as to the probable economic effect on the indus- 60 days before the action under section 2253 of try concerned of any reduction, modification, or this title is to terminate, unless the President termination of the action taken under section specifies a different date. 2253 of this title which is under consideration. (d) Evaluation of effectiveness of action (b) Reduction, modification, and termination of (1) After any action taken under section 2253 action of this title has terminated, the Commission (1) Action taken under section 2253 of this title shall evaluate the effectiveness of the actions in may be reduced, modified, or terminated by the facilitating positive adjustment by the domestic President (but not before the President receives industry to import competition, consistent with the report required under subsection (a)(2)(A) of the reasons set out by the President in the re- this section) if the President— port submitted to the Congress under section (A) after taking into account any report or 2253(b) of this title. advice submitted by the Commission under (2) During the course of the evaluation con- subsection (a) of this section and after seeking ducted under paragraph (1), the Commission the advice of the Secretary of Commerce and shall, after reasonable public notice, hold a the Secretary of Labor, determines, on the hearing on the effectiveness of the action. All basis that either— interested persons shall have the opportunity to (i) the domestic industry has not made attend such hearing and to present evidence or adequate efforts to make a positive adjust- testimony at such hearing. ment to import competition, or (3) A report on the evaluation made under (ii) the effectiveness of the action taken paragraph (1) and the hearings held under para- under section 2253 of this title has been im- graph (2) shall be submitted by the Commission paired by changed economic circumstances, to the President and to the Congress by no later § 2254 TITLE 19—CUSTOMS DUTIES Page 522 than the 180th day after the day on which the ‘‘(b) APPLICABILITY OF CERTAIN PROVISIONS.—Except actions taken under section 2253 of this title ter- as otherwise provided in this subtitle [subtitle A minated. (§§ 201–233) of title II of Pub. L. 112–40, see Tables for classification], the provisions of chapters 2 through 6 of (e) Other provisions title II of the Trade Act of 1974 [this part, parts 3 to 6 (1) Action by the President under this part of this subchapter, and provisions set out as a note may be taken without regard to the provisions below], as in effect on February 12, 2011, and as amend- of section 2136(a) of this title but only after con- ed by this subtitle, shall— sideration of the relation of such actions to the ‘‘(1) take effect on the date of the enactment of this Act [Oct. 21, 2011]; and international obligations of the United States. ‘‘(2) apply to petitions for certification filed under (2) If the Commission treats as the domestic chapter 2, 3, or 6 of title II of the Trade Act of 1974 industry production located in a major geo- [this part and parts 3 and 6 of this subchapter] on or graphic area of the United States under section after such date of enactment. 2252(c)(4)(C) of this title, then the President ‘‘(c) REFERENCES.—Except as otherwise provided in shall take into account the geographic con- this subtitle, whenever in this subtitle an amendment centration of domestic production and of im- or repeal is expressed in terms of an amendment to, or ports in that area in taking any action author- repeal of, a provision of chapters 2 through 6 of title II of the Trade Act of 1974, the reference shall be consid- ized under paragraph (1). ered to be made to a provision of any such chapter, as (Pub. L. 93–618, title II, § 204, as added Pub. L. in effect on February 12, 2011.’’ 100–418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. Pub. L. 112–40, title II, § 233, Oct. 21, 2011, 125 Stat. 416, 1238; amended Pub. L. 100–647, title IX, provided that: ‘‘(a) APPLICATION OF PRIOR LAW.—Subject to sub- § 9001(a)(8), Nov. 10, 1988, 102 Stat. 3807; Pub. L. section (b), beginning on January 1, 2014, the provisions 103–465, title I, § 129(a)(7), title III, § 302(c), (d), of chapters 2, 3, 5, and 6 of title II of the Trade Act of Dec. 8, 1994, 108 Stat. 4837, 4936.) 1974 (19 U.S.C. 2271 et seq.) [this part, parts 3, 5, and 6 of this subchapter, and provisions set out as a note AMENDMENTS below], as in effect on February 13, 2011, shall apply, ex- 1994—Subsec. (a)(2). Pub. L. 103–465, § 302(c)(1), amend- cept that in applying and administering such chap- ed par. (2) generally. Prior to amendment, par. (2) read ters— as follows: ‘‘The Commission shall submit a report on ‘‘(1) paragraph (1) of section 231(c) of that Act [19 the results of the monitoring under paragraph (1) to the U.S.C. 2291(c)(1)] shall be applied and administered as President and to the Congress not later than— if subparagraphs (A), (B), and (C) of that paragraph ‘‘(A) the 2nd-anniversary of the day on which the were not in effect; action under section 2253 of this title first took ef- ‘‘(2) section 233 of that Act [19 U.S.C. 2293] shall be fect; and applied and administered— ‘‘(B) the last day of each 2-year period occurring ‘‘(A) in subsection (a)— after the 2-year period referred to in subparagraph ‘‘(i) in paragraph (2), by substituting ‘104-week (A).’’ period’ for ‘104-week period’ and all that follows Subsec. (a)(4). Pub. L. 103–465, § 302(c)(2), struck out through ‘130-week period)’; and ‘‘extension,’’ before ‘‘reduction,’’. ‘‘(ii) in paragraph (3)— Subsec. (b)(3). Pub. L. 103–465, § 129(a)(7), added par. ‘‘(I) in the matter preceding subparagraph (A), (3). by substituting ‘65’ for ‘52’; and Subsecs. (c) to (e). Pub. L. 103–465, § 302(d), added sub- ‘‘(II) by substituting ‘78-week period’ for ‘52- sec. (c) and redesignated former subsecs. (c) and (d) as week period’ each place it appears; and (d) and (e), respectivley. ‘‘(B) by applying and administering subsection (g) 1988—Subsecs. (c) to (e). Pub. L. 100–647 redesignated as if it read as follows: subsecs. (d) and (e) as (c) and (d), respectively. ‘‘ ‘(g) PAYMENT OF TRADE READJUSTMENT ALLOWANCES TO COMPLETE TRAINING.—Notwithstanding any other EFFECTIVE DATE OF 1994 AMENDMENT provision of this section, in order to assist an adversely Amendment by section 129(a)(7) of Pub. L. 103–465 ef- affected worker to complete training approved for the fective on the date on which the WTO Agreement en- worker under section 236 [19 U.S.C. 2296] that leads to ters into force with respect to the United States [Jan. the completion of a degree or industry-recognized cre- 1, 1995], see section 130 of Pub. L. 103–465, set out as an dential, payments may be made as trade readjustment Effective Date note under section 3531 of this title. allowances for not more than 13 weeks within such pe- Amendment by section 302(c), (d) of Pub. L. 103–465 ef- riod of eligibility as the Secretary may prescribe to ac- fective on the date on which the WTO Agreement en- count for a break in training or for justifiable cause ters into force with respect to the United States [Jan. that follows the last week for which the worker is 1, 1995], see section 304(a) of Pub. L. 103–465, set out as otherwise entitled to a trade readjustment allowance a note under section 2252 of this title. under this chapter [this part] if— ‘‘ ‘(1) payment of the trade readjustment allowance EFFECTIVE DATE OF 1988 AMENDMENT for not more than 13 weeks is necessary for the work- Amendment by Pub. L. 100–647 applicable as if such er to complete the training; amendment took effect on Aug. 23, 1988, see section ‘‘ ‘(2) the worker participates in training in each 9001(b) of Pub. L. 100–647, set out as an Effective and such week; and Termination Dates of 1988 Amendments note under sec- ‘‘ ‘(3) the worker— tion 58c of this title. ‘‘ ‘(A) has substantially met the performance benchmarks established as part of the training ap- EFFECTIVE DATE proved for the worker; Section effective Aug. 23, 1988, and applicable with re- ‘‘ ‘(B) is expected to continue to make progress to- spect to investigations initiated under this part on or ward the completion of the training; and after that date, see section 1401(c) of Pub. L. 100–418, set ‘‘ ‘(C) will complete the training during that pe- out as an Effective Date of 1988 Amendment note under riod of eligibility.’; section 2251 of this title. ‘‘(3) section 245 of that Act [19 U.S.C. 2317] shall be applied and administered by substituting ‘2014’ for PART 2—ADJUSTMENT ASSISTANCE FOR WORKERS ‘2007’; ‘‘(4) section 246(b)(1) of that Act [19 U.S.C. 2318(b)(1)] EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL shall be applied and administered by substituting Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 ‘December 31, 2014’ for ‘the date that is 5 years’ and Stat. 403, provided that: all that follows through ‘State’; Page 523 TITLE 19—CUSTOMS DUTIES § 2254

‘‘(5) section 256(b) of that Act [19 U.S.C. 2346(b)] out below, applicable on or after Feb. 13, 2011, with cer- shall be applied and administered by substituting ‘the tain exceptions, was repealed by Pub. L. 112–40, title II, 1-year period beginning on January 1, 2014’ for ‘each § 201(a), Oct. 21, 2011, 125 Stat. 403. of fiscal years 2003 through 2007, and $4,000,000 for the EFFECTIVE DATE OF 2002 AMENDMENT 3-month period beginning on October 1, 2007’; ‘‘(6) section 298(a) of that Act [19 U.S.C. 2401g(a)] Pub. L. 107–210, div. A, title I, § 151, Aug. 6, 2002, 116 shall be applied and administered by substituting ‘the Stat. 953, as amended by Pub. L. 108–429, title II, 1-year period beginning on January 1, 2014’ for ‘each § 2004(a)(21), Dec. 3, 2004, 118 Stat. 2591, provided that: of the fiscal years’ and all that follows through ‘Octo- ‘‘(a) IN GENERAL.—Except as otherwise provided in ber 1, 2007’; and sections 123(c) [set out as a note under section 2331 of ‘‘(7) section 285 of that Act [Pub. L. 93–618, set out this title], 141(b) [set out as a note under section 2401 as a Termination Date note below] shall be applied of this title], 201(d) [set out as a note under section 35 and administered— of Title 26, Internal Revenue Code], and 202(e) [set out ‘‘(A) in subsection (a), by substituting ‘2014’ for as a note under section 6050T of Title 26], and sub- ‘2007’ each place it appears; and sections (b), (c), and (d) of this section, the amend- ‘‘(B) by applying and administering subsection (b) ments made by this division [enacting sections 1431a, as if it read as follows: 1583, 2318, and 2401 to 2401g of this title, sections 35, ‘‘ ‘(b) OTHER ASSISTANCE.— 6050T, and 7527 of Title 26, and section 300gg–45 of Title ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— 42, The Public Health and Welfare, amending sections ‘‘ ‘(A) IN GENERAL.—Except as provided in sub- 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075, 2171, 2271 to 2273, paragraph (B), assistance may not be provided 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and 2395 of this under chapter 3 [part 3 of this subchapter] after De- title, sections 4980B, 6103, 6724, and 7213A of Title 26, cember 31, 2014. sections 1165, 2862, 2918, and 2919 of Title 29, Labor, sec- ‘‘ ‘(B) EXCEPTION.—Notwithstanding subparagraph tion 1324 of Title 31, Money and Finance, and section (A), any assistance approved under chapter 3 on or 300bb–5 of Title 42, renumbering section 35 of Title 26 as before December 31, 2014, may be provided— section 36 of Title 26, repealing sections 2318, 2322, and ‘‘ ‘(i) to the extent funds are available pursuant 2331 of this title, enacting provisions set out as notes to such chapter for such purpose; and under sections 58c, 482, 1583, 1625, 1654, 2071, 2075, 2082, ‘‘ ‘(ii) to the extent the recipient of the assist- 2101, 2251, 2271, 2331, and 2401 of this title, sections 35 ance is otherwise eligible to receive such assist- and 6050T of Title 26, and section 2918 of Title 29, and ance. amending provisions set out as a note below] shall ‘‘ ‘(2) FARMERS.— apply to petitions for certification filed under chapter ‘‘ ‘(A) IN GENERAL.—Except as provided in sub- 2 or 3 of title II of the Trade Act of 1974 [this part and paragraph (B), assistance may not be provided part 3 of this subchapter] on or after the date that is under chapter 6 [part 6 of this subchapter] after De- 90 days after the date of enactment of this Act [Aug. 6, cember 31, 2014. 2002]. ‘‘ ‘(B) EXCEPTION.—Notwithstanding subparagraph ‘‘(b) WORKERS CERTIFIED AS ELIGIBLE BEFORE EFFEC- (A), any assistance approved under chapter 6 on or TIVE DATE.—Notwithstanding subsection (a), a worker before December 31, 2014, may be provided— shall continue to receive (or be eligible to receive) ‘‘ ‘(i) to the extent funds are available pursuant trade adjustment assistance and other benefits under to such chapter for such purpose; and chapter 2 of title II of the Trade Act of 1974 [this part], ‘‘ ‘(ii) to the extent the recipient of the assist- as in effect on September 30, 2001, for any week for ance is otherwise eligible to receive such assist- which the worker meets the eligibility requirements of ance.’. such chapter 2 as in effect on such date, if on or before ‘‘(b) EXCEPTIONS.—The provisions of chapters 2, 3, 5, such date, the worker— and 6 of title II of the Trade Act of 1974 [this part, parts ‘‘(1) was certified as eligible for trade adjustment 3, 5, and 6 of this subchapter, and provisions set out as assistance benefits under such chapter as in effect on a note below], as in effect on the date of the enactment such date; and of this Act [Oct. 21, 2011], shall continue to apply on ‘‘(2) would otherwise be eligible to receive trade ad- and after January 1, 2014, with respect to— justment assistance benefits under such chapter as in ‘‘(1) workers certified as eligible for trade adjust- effect on such date. ment assistance benefits under chapter 2 of title II of ‘‘(c) WORKERS WHO BECAME ELIGIBLE DURING QUALI- that Act pursuant to petitions filed under section 221 FIED PERIOD.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a) of that Act [19 U.S.C. 2271] before January 1, 2014; or any other provision of law, including section 285 of ‘‘(2) firms certified as eligible for technical assist- the Trade Act of 1974 [Pub. L. 93–618, set out as a Ter- ance or grants under chapter 3 of title II of that Act mination Date note below], any worker who would pursuant to petitions filed under section 251 of that have been eligible to receive trade adjustment assist- Act [19 U.S.C. 2341] before January 1, 2014; and ance or other benefits under chapter 2 of title II of ‘‘(3) agricultural commodity producers certified as the Trade Act of 1974 [this part] during the qualified eligible for technical or financial assistance under period if such chapter 2 had been in effect during such chapter 6 of title II of that Act pursuant to petitions period, shall be eligible to receive trade adjustment filed under section 292 of that Act [19 U.S.C. 2401a] be- assistance and other benefits under chapter 2 of title fore January 1, 2014.’’ II of the Trade Act of 1974, as in effect on September EFFECTIVE DATE OF 2010 AMENDMENT 30, 2001, for any week during the qualified period for which the worker meets the eligibility requirements Pub. L. 111–344, title I, § 101(d), Dec. 29, 2010, 124 Stat. of such chapter 2 as in effect on September 30, 2001. 3614, provided that: ‘‘The amendments made by this ‘‘(2) QUALIFIED PERIOD.—For purposes of this subsection [amending sections 2296, 2317, 2318, 2345, 2371d to section, the term ‘qualified period’ means the period 2371f, 2372, 2373, 2373a, and 2401g of this title and provi- beginning on January 11, 2002, and ending on the date sions set out as notes below] shall take effect on Janu- that is 90 days after the date of enactment of this Act ary 1, 2011.’’ [Aug. 6, 2002]. ‘‘(d) ADJUSTMENT ASSISTANCE FOR FIRMS.— TERMINATION DATE OF 2009 AMENDMENT ‘‘(1) IN GENERAL.—Notwithstanding subsection (a) Pub. L. 111–5, div. B, title I, § 1893, Feb. 17, 2009, 123 or any other provision of law, including section 285 of Stat. 422, as amended by Pub. L. 111–344, title I, § 101(a), the Trade Act of 1974 [set out as a Termination Date (b), Dec. 29, 2010, 124 Stat. 3612, which provided for sun- note below], and except as provided in paragraph (2), set of amendments by subtitle I (§§ 1800–1899L) of title any firm that would have been eligible to receive ad- I of div. B of Pub. L. 111–5 to this part, parts 3 to 6 of justment assistance under chapter 3 of title II of the this subchapter, and section 285 of Pub. L. 93–618, set Trade Act if 1974 [part 3 of this subchapter] during § 2254 TITLE 19—CUSTOMS DUTIES Page 524

the qualified period if such chapter 3 had been in ef- ‘‘(i) to the extent funds are available pursuant fect during such period, shall be eligible to receive to such chapter for such purpose; and adjustment assistance under chapter 3 of title II of ‘‘(ii) to the extent the recipient of the technical the Trade Act of 1974, as in effect on September 30, or financial assistance is otherwise eligible to re- 2001, for any week during the qualified period for ceive such technical or financial assistance, as which the firm meets the eligibility requirements of the case may be.’’ such chapter 3 as in effect on September 30, 2001. [Pub. L. 112–40, title II, § 233(a), Oct. 21, 2011, 125 Stat. ‘‘(2) QUALIFIED PERIOD.—For purposes of this sub- 416, provided that, beginning Jan. 1, 2014, subject to sec- section, the term ‘qualified period’ means the period tion 233(b), set out as an Effective and Termination beginning on October 1, 2001, and ending on the date Dates of 2011 Revival note above, section 285 of Pub. L. that is 90 days after the date of enactment of this Act 93–618, set out above, as in effect on Feb. 13, 2011, shall [Aug. 6, 2002].’’ be applied and administered— [(1) in subsec. (a), by substituting ‘‘2014’’ for ‘‘2007’’ TERMINATION DATE wherever appearing; and Pub. L. 93–618, title II, ch. 5, § 285, formerly § 284, Jan. [(2) as if subsec. (b) read as follows: 3, 1975, 88 Stat. 2041; renumbered § 285, Pub. L. 96–417, [‘‘(b) OTHER ASSISTANCE.— title VI, § 613(a), Oct. 10, 1980, 94 Stat. 1746; and amended [‘‘(1) ASSISTANCE FOR FIRMS.— Pub. L. 97–35, title XXV, § 2512, Aug. 13, 1981, 95 Stat. [‘‘(A) IN GENERAL.—Except as provided in subpara- 888; Pub. L. 98–120, § 2(b), Oct. 12, 1983, 97 Stat. 809; Pub. graph (B), assistance may not be provided under L. 99–107, § 3, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99–155, chapter 3 [part 3 of this subchapter] after December § 2(b), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99–181, § 2, Dec. 31, 2014. 13, 1985, 99 Stat. 1172; Pub. L. 99–189, § 2, Dec. 18, 1985, 99 [‘‘(B) EXCEPTION.—Notwithstanding subparagraph Stat. 1184; Pub. L. 99–272, title XIII, § 13007(a), Apr. 7, (A), any assistance approved under chapter 3 on or 1986, 100 Stat. 304; Pub. L. 100–418, title I, § 1426(a), Aug. before December 31, 2014, may be provided— 23, 1988, 102 Stat. 1251; Pub. L. 103–66, title XIII, [‘‘(i) to the extent funds are available pursuant § 13803(a)(1), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103–182, to such chapter for such purpose; and title V, § 505, Dec. 8, 1993, 107 Stat. 2152; Pub. L. 105–277, [‘‘(ii) to the extent the recipient of the assist- div. J, title I, § 1012(d), Oct. 21, 1998, 112 Stat. 2681–901; ance is otherwise eligible to receive such assist- Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(d)], ance. Nov. 29, 1999, 113 Stat. 1536, 1501A–319; Pub. L. 107–210, [‘‘(2) FARMERS.— div. A, title I, § 111(c), Aug. 6, 2002, 116 Stat. 936; Pub. L. [‘‘(A) IN GENERAL.—Except as provided in subpara- 110–89, § 1(d), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, graph (B), assistance may not be provided under div. B, title I, § 1892(b), Feb. 17, 2009, 123 Stat. 421; Pub. chapter 6 [part 6 of this subchapter] after December L. 111–344, title I, § 101(c)(11), Dec. 29, 2010, 124 Stat. 3614; 31, 2014. Pub. L. 112–40, title II, §§ 201(b), (c), 232, Oct. 21, 2011, 125 [‘‘(B) EXCEPTION.—Notwithstanding subparagraph Stat. 403, 416, provided that: (A), any assistance approved under chapter 6 on or ‘‘(a) ASSISTANCE FOR WORKERS.— before December 31, 2014, may be provided— ‘‘(1) IN GENERAL.—Except as provided in paragraph [‘‘(i) to the extent funds are available pursuant (2), trade adjustment assistance, vouchers, allow- to such chapter for such purpose; and ances, and other payments or benefits may not be [‘‘(ii) to the extent the recipient of the assist- provided under chapter 2 [this part] after December ance is otherwise eligible to receive such assist- 31, 2013. ance.’’] ‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), a [Amendment to section 285 of Pub. L. 93–618, set out worker shall continue to receive trade adjustment as- above, by section 1892(b) of Pub. L. 111–5, which sub- sistance benefits and other benefits under chapter 2 stituted ‘‘December 31, 2010’’ for ‘‘December 31, 2007’’ for any week for which the worker meets the eligi- wherever appearing in subsec. (a) and amended subsec. bility requirements of that chapter if the worker is— (b) generally, was not applicable on or after Feb. 13, ‘‘(A) certified as eligible for trade adjustment as- 2011, except as otherwise provided, and section 285 of sistance benefits under chapter 2 of this title [this Pub. L. 93–618 was applied and administered beginning part] pursuant to a petition filed under section 221 Feb. 13, 2011, as provided in former section 1893(b) of [19 U.S.C. 2271] before December 31, 2013; and Pub. L. 111–5. Section 1893 of Pub. L. 111–5, formerly set ‘‘(B) otherwise eligible to receive trade adjust- out as a Termination Date of 2009 Amendment note ment assistance benefits under chapter 2. above, was repealed by Pub. L. 112–40, § 201(a), Oct. 21, ‘‘(b) OTHER ASSISTANCE.— 2011, 125 Stat. 403.] ‘‘(1) ASSISTANCE FOR FIRMS.— [Pub. L. 111–5, div. B, title I, § 1893(b), Feb. 17, 2009, 123 ‘‘(A) IN GENERAL.—Except as provided in subpara- Stat. 422, as amended by Pub. L. 111–344, title I, § 101(b), graph (B), technical assistance and grants may not Dec. 29, 2010, 124 Stat. 3612, provided, prior to repeal by be provided under chapter 3 [part 3 of this sub- Pub. L. 112–40, § 201(a), Oct. 21, 2011, 125 Stat. 403, that, chapter] after December 31, 2013. beginning Feb. 13, 2011, subject to section 1893(a)(2), for- ‘‘(B) EXCEPTION.—Notwithstanding subparagraph merly set out as a Termination Date of 2009 Amend- (A), any technical assistance or grant approved ment note above, section 285 of Pub. L. 93–618, set out under chapter 3 pursuant to a petition filed under above, was to be applied and administered— section 251 [19 U.S.C. 2341] on or before December 31, [(1) in subsec. (a), by substituting ‘‘February 12, 2011’’ 2013, may be provided— for ‘‘December 31, 2007’’ wherever appearing; and ‘‘(i) to the extent funds are available pursuant [(2) as if subsec. (b) read as follows: to such chapter for such purpose; and [‘‘(b) OTHER ASSISTANCE.— ‘‘(ii) to the extent the recipient of the technical [‘‘(1) ASSISTANCE FOR FIRMS.— assistance or grant is otherwise eligible to receive [‘‘(A) IN GENERAL.—Except as provided in subpara- such technical assistance or grant, as the case graph (B), assistance may not be provided under may be. chapter 3 [part 3 of this subchapter] after February ‘‘(2) FARMERS.— 12, 2012. ‘‘(A) IN GENERAL.—Except as provided in subpara- [‘‘(B) EXCEPTION.—Notwithstanding subparagraph graph (B), technical assistance and financial assist- (A), any assistance approved under chapter 3 on or ance may not be provided under chapter 6 [part 6 of before February 12, 2012, may be provided— this subchapter] after December 31, 2013. [‘‘(i) to the extent funds are available pursuant ‘‘(B) EXCEPTION.—Notwithstanding subparagraph to such chapter for such purpose; and (A), any technical or financial assistance approved [‘‘(ii) to the extent the recipient of the assist- under chapter 6 pursuant to a petition filed under ance is otherwise eligible to receive such assist- section 292 [19 U.S.C. 2401a] on or before December ance. 31, 2013, may be provided— [‘‘(2) FARMERS.— Page 525 TITLE 19—CUSTOMS DUTIES § 2271

[‘‘(A) IN GENERAL.—Except as provided in subpara- (B) assist the Secretary in the review of the graph (B), assistance may not be provided under petition by verifying such information and chapter 6 [part 6 of this subchapter] after February providing such other assistance as the Sec- 12, 2012. retary may request. [‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or (3) Upon receipt of the petition, the Secretary before February 12, 2012, may be provided— shall promptly publish notice in the Federal [‘‘(i) to the extent funds are available pursuant Register and on the website of the Department to such chapter for such purpose; and [‘‘(ii) to the extent the recipient of the assist- of Labor that the Secretary has received the pe- ance is otherwise eligible to receive such assist- tition and initiated an investigation. ance.’’] (b) Hearing [Amendment by section 1892(b) of Pub. L. 111–5 to section 285 of Pub. L. 93–618, set out above, shall take ef- If the petitioner, or any other person found by fect upon the expiration of the 90-day period beginning the Secretary to have a substantial interest in on Feb. 17, 2009, except as otherwise provided, see sec- the proceedings, submits not later than 10 days tion 1891 of Pub. L. 111–5, set out as an Effective and after the date of the Secretary’s publication Termination Dates of 2009 Amendment note under sec- under subsection (a) of this section a request for tion 2271 of this title.] a hearing, the Secretary shall provide for a pub- [Amendment by Pub. L. 110–89 to section 285 of Pub. lic hearing and afford such interested persons an L. 93–618, set out above, effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as an Effective Date opportunity to be present, to produce evidence, of 2007 Amendment note under section 2317 of this and to be heard. title.] (Pub. L. 93–618, title II, § 221, Jan. 3, 1975, 88 Stat. [Amendment by Pub. L. 106–113 to section 285 of Pub. 2019; Pub. L. 99–272, title XIII, § 13002(a), Apr. 7, L. 93–618, set out above, effective as of July 1, 1999, see section 1000(a)(5) [title VII, § 702(e)] of Pub. L. 106–113, 1986, 100 Stat. 300; Pub. L. 103–182, title V, set out as an Effective Date of 1999 Amendment note § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. under section 2317 of this title.] 107–210, div. A, title I, § 112(a), Aug. 6, 2002, 116 [Amendment by Pub. L. 103–182 to section 285 of Pub. Stat. 937; Pub. L. 108–429, title II, § 2004(a)(4), L. 93–618, set out above, effective on the date the North Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, American Free Trade Agreement enters into force with title I, § 1801(e)(1), Feb. 17, 2009, 123 Stat. 370; respect to the United States (Jan. 1, 1994), see section Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 506(a) of Pub. L. 103–182, set out as an Effective Date of 1993 Amendment note under section 2271 of this title.] 125 Stat. 403.) [Parts 2 and 3 of this subchapter applicable as if REVERSION TO PROVISIONS IN EFFECT ON amendments by sections 13007 and 13008 of Pub. L. FEBRUARY 13, 2011 99–272, amending section 285 of Pub. L. 93–618, set out above, and sections 2317 and 2346 of this title, had taken For reversion, beginning on Jan. 1, 2014, to effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, provisions in effect on Feb. 13, 2011, with cer- set out as an Effective Date of 1986 Amendment note tain exceptions and subject to section 233(b) of under section 2291 of this title.] Pub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes SUBPART A—PETITIONS AND DETERMINATIONS below.

§ 2271. Petitions REFERENCES IN TEXT (a) Filing of petitions; assistance; publication of The Workforce Investment Act of 1998, referred to in notice subsec. (a)(1)(C), is Pub. L. 105–220, Aug. 7, 1998, 112 (1) A petition for certification of eligibility to Stat. 936. Title I of the Act is classified principally to apply for adjustment assistance for a group of chapter 30 (§ 2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short workers under this part may be filed simulta- Title note set out under section 9201 of Title 20, Edu- neously with the Secretary of Labor and with cation, and Tables. the Governor of the State in which such workers’ firm (as defined in section 2319 of this title) CODIFICATION is located by any of the following: Section 1893 of Pub. L. 111–5, which provided for Feb. (A) The group of workers. 13, 2011, termination of amendment by Pub. L. 111–5, (B) The certified or recognized union or was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, other duly authorized representative of such 2011, 125 Stat. 403, and the provisions of this section, as workers. amended by Pub. L. 111–5 and as in effect on Feb. 12, (C) Employers of such workers, one-stop op- 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See erators or one-stop partners (as defined in sec- 2009 and 2011 Amendment notes, Effective and Termi- tion 101 of the Workforce Investment Act of nation Dates of 2009 Amendment notes, and Effective 1998 (29 U.S.C. 2801)), including State employ- and Termination Dates of 2011 Revival note below. ment security agencies, or the State dis- AMENDMENTS located worker unit established under title I of such Act [29 U.S.C. 2801 et seq.], on behalf of 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- such workers. vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- (2) Upon receipt of a petition filed under para- ment and Effective and Termination Dates of 2011 Re- graph (1), the Governor shall— vival notes below. (A) ensure that rapid response activities and 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1801(e)(1)(A)(i), appropriate core and intensive services (as de- 1893, temporarily substituted ‘‘Secretary of Labor’’ for scribed in section 134 of the Workforce Invest- ‘‘Secretary’’ and ‘‘(as defined in section 2319 of this title)’’ for ‘‘or subdivision’’ in introductory provisions. ment Act of 1998 (29 U.S.C. 2864)) authorized See Codification note above and Effective and Termi- under other Federal laws are made available nation Dates of 2009 Amendment note below. to the workers covered by the petition to the Subsec. (a)(1)(A). Pub. L. 111–5, §§ 1801(e)(1)(A)(ii), 1893, extent authorized under such laws; and temporarily struck out ‘‘(including workers in an agri- § 2271 TITLE 19—CUSTOMS DUTIES Page 526 cultural firm or subdivision of any agricultural firm)’’ ‘‘(B) petitions for assistance and proposals for after ‘‘group of workers’’. See Codification note above grants filed under chapter 4 of title II of the Trade and Effective and Termination Dates of 2009 Amend- Act of 1974 [part 4 of this subchapter] on or after ment note below. such effective date. Subsec. (a)(2)(A). Pub. L. 111–5, §§ 1801(e)(1)(B), 1893, ‘‘(b) CERTIFICATIONS MADE BEFORE EFFECTIVE DATE.— temporarily substituted ‘‘rapid response activities’’ for Notwithstanding subsection (a)— ‘‘rapid response assistance’’. See Codification note ‘‘(1) a worker shall continue to receive (or be eligi- above and Effective and Termination Dates of 2009 ble to receive) trade adjustment assistance and other Amendment note below. benefits under subchapter B of chapter 2 of title II of Subsec. (a)(3). Pub. L. 111–5, §§ 1801(e)(1)(C), 1893, tem- the Trade Act of 1974 [subpart B of this part], as in ef- porarily inserted ‘‘and on the website of the Depart- fect on the day before the effective date described in ment of Labor’’ after ‘‘Federal Register’’. See Codifica- subsection (a)(1), for any week for which the worker tion note above and Effective and Termination Dates of meets the eligibility requirements of such chapter 2 2009 Amendment note below. as in effect on the day before such effective date, if 2004—Subsec. (a)(2)(A). Pub. L. 108–429 substituted the worker— ‘‘assistance and appropriate’’ for ‘‘assistance, and ap- ‘‘(A) is certified as eligible for trade adjustment propriate’’. assistance benefits under such chapter 2 pursuant 2002—Subsec. (a). Pub. L. 107–210 amended subsec. (a) to a petition filed under section 221 of the Trade generally. Prior to amendment, subsec. (a) read as fol- Act of 1974 [19 U.S.C. 2271] on or before such effec- lows: ‘‘A petition for a certification of eligibility to tive date; and apply for adjustment assistance under this subpart may ‘‘(B) would otherwise be eligible to receive trade be filed with the Secretary of Labor (hereinafter in this adjustment assistance benefits under such chapter part referred to as the ‘Secretary’) by a group of work- as in effect on the day before such effective date; ers (including workers in any agricultural firm or sub- ‘‘(2) a worker shall continue to receive (or be eligi- division of an agricultural firm) or by their certified or ble to receive) benefits under section 246(a)(2) of the recognized union or other duly authorized representa- Trade Act of 1974 [19 U.S.C. 2318(a)(2)], as in effect on tive. Upon receipt of the petition, the Secretary shall the day before the effective date described in sub- promptly publish notice in the Federal Register that he section (a)(1), for such period for which the worker has received the petition and initiated an investiga- meets the eligibility requirements of section 246 of tion.’’ that Act as in effect on the day before such effective 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist- date, if the worker— ance under this subpart’’ for ‘‘assistance under this ‘‘(A) is certified as eligible for benefits under such part’’. section 246 pursuant to a petition filed under sec- 1986—Subsec. (a). Pub. L. 99–272 inserted ‘‘(including tion 221 of the Trade Act of 1974 on or before such workers in any agricultural firm or subdivision of an effective date; and agricultural firm)’’ after ‘‘group of workers’’. ‘‘(B) would otherwise be eligible to receive benefits under such section 246(a)(2) as in effect on the EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL day before such effective date; and For temporary revival and applicability of provisions ‘‘(3) a firm shall continue to receive (or be eligible as in effect on Feb. 12, 2011, see sections 201(b), (c) and to receive) adjustment assistance under chapter 3 of 233 of Pub. L. 112–40, set out as notes preceding this sec- title II of the Trade Act of 1974 [part 3 of this sub- tion. For reversion, beginning on Jan. 1, 2014, to provi- chapter], as in effect on the day before the effective sions in effect on Feb. 13, 2011, with certain exceptions date described in subsection (a)(1), for such period for and subject to section 233(b) of Pub. L. 112–40, see sec- which the firm meets the eligibility requirements of tion 233 of Pub. L. 112–40, set out as a note preceding such chapter 3 as in effect on the day before such ef- this section. fective date, if the firm— ‘‘(A) is certified as eligible for benefits under such EFFECTIVE AND TERMINATION DATES OF 2009 chapter 3 pursuant to a petition filed under section AMENDMENT 251 of the Trade Act of 1974 [19 U.S.C. 2341] on or be- Pub. L. 111–5, div. B, title I, § 1891, Feb. 17, 2009, 123 fore such effective date; and Stat. 420, provided that: ‘‘(B) would otherwise be eligible to receive bene- ‘‘(a) IN GENERAL.—Except as otherwise provided in fits under such chapter 3 as in effect on the day be- this subtitle [subtitle I (§§ 1800–1899L) of title I of div. B fore such effective date.’’ of Pub. L. 111–5, enacting part 4 (§ 2371 et seq.) of this Section 1893 of Pub. L. 111–5, which provided that, ex- subchapter and sections 2295a, 2322, 2323, 2344, 2345, 2356, cept as otherwise provided, amendment by Pub. L. 111–5 and 2397a of this title, amending sections 2271 to 2275, not applicable on or after Feb. 13, 2011, and that this 2291 to 2295, 2296 to 2298, 2311, 2315 to 2321, 2341, 2343, 2348 section be applied and administered beginning Feb. 13, to 2352, 2354, 2355, 2393, 2395, 2401 to 2401b, and 2401e to 2011, as if amendment by Pub. L. 111–5 had never been 2401g of this title, sections 35, 4980B, 7527, and 9801 of enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Title 26, Internal Revenue Code, section 1581 of Title 28, Oct. 21, 2011, 125 Stat. 403. See Codification note above. Judiciary and Judicial Procedure, sections 1162, 1181, EFFECTIVE DATE OF 2002 AMENDMENT 2918, and 2919 of Title 29, Labor, and sections 300bb–2 and 300gg of Title 42, The Public Health and Welfare, Amendment by Pub. L. 107–210 applicable to petitions repealing former sections 2344 to 2347 of this title, en- for certification filed under this part or part 3 of this acting provisions set out as notes preceding section subchapter on or after the date that is 90 days after 2271 and under sections 2271, 2295a, 2296, 2323, 2344, 2371, Aug. 6, 2002, except as otherwise provided, see section and 2393 of this title and sections 1, 35, 4980B, 7527, and 151 of Pub. L. 107–210, set out as a note preceding this 9801 of Title 26, and amending provisions set out as a section. note preceding section 2271 of this title], and subsection EFFECTIVE DATE OF 1993 AMENDMENT (b) of this section, this subtitle and the amendments made by this subtitle— Pub. L. 103–182, title V, § 506, Dec. 8, 1993, 107 Stat. ‘‘(1) shall take effect upon the expiration of the 90- 2152, provided that: day period beginning on the date of the enactment of ‘‘(a) IN GENERAL.—The amendments made by sections this Act [Feb. 17, 2009]; and 501, 502, 503, 504, and 505 [enacting sections 2322 and 2331 ‘‘(2) shall apply to— of this title and amending this section, sections 2272, ‘‘(A) petitions for certification filed under chap- 2273, 2275, 2317, and 2395 of this title, and provisions set ter 2, 3, or 6 of title II of the Trade Act of 1974 [this out as a note preceding this section] shall take effect part and parts 3 and 6 of this subchapter] on or on the date the Agreement [North American Free after the effective date described in paragraph (1); Trade Agreement] enters into force with respect to the and United States [Jan. 1, 1994]. Page 527 TITLE 19—CUSTOMS DUTIES § 2271

‘‘(b) COVERED WORKERS.— 1974 [this part], as in effect on such date of enact- ‘‘(1) GENERAL RULE.—Except as provided in para- ment. graph (2), no worker shall be certified as eligible to ‘‘(ii) ELECTION FOR WORKERS RECEIVING BENEFITS receive assistance under subchapter D of chapter 2 of ON THE 60TH DAY AFTER ENACTMENT.— title II of the Trade Act of 1974 [former 19 U.S.C. 2331 ‘‘(I) IN GENERAL.—A worker certified as eligi- et seq.] (as added by this subtitle) whose last total or ble to apply for adjustment assistance under partial separation from a firm (or appropriate subsection 222 of the Trade Act of 1974 [19 U.S.C. division of a firm) occurred before such date of entry 2272] pursuant to a petition described in sub- into force. paragraph (A)(iii) who is receiving benefits ‘‘(2) REACHBACK.—Notwithstanding paragraph (1), under chapter 2 of title II of the Trade Act of any worker— 1974 as of the date that is 60 days after the date ‘‘(A) whose last total or partial separation from a of the enactment of this Act [Oct. 21, 2011] may, firm (or appropriate subdivision of a firm) occurs— not later than the date that is 150 days after ‘‘(i) after the date of the enactment of this Act such date of enactment, make a one-time elec- [Dec. 8, 1993], and tion to receive benefits pursuant to— ‘‘(ii) before such date of entry into force, and ‘‘(aa) the provisions of chapter 2 of title II ‘‘(B) who would otherwise be eligible to receive of the Trade Act of 1974, as in effect on such assistance under subchapter D of chapter 2 of title date of enactment; or II of the Trade Act of 1974, ‘‘(bb) the provisions of chapter 2 of title II shall be eligible to receive such assistance in the of the Trade Act of 1974, as in effect on Feb- same manner as if such separation occurred on or ruary 13, 2011. after such date of entry into force.’’ ‘‘(II) EFFECT OF FAILURE TO MAKE ELECTION.— A worker described in subclause (I) who does TERMINATION DATE not make the election described in that sub- No trade adjustment assistance, vouchers, allow- clause on or before the date that is 150 days ances, or other payments or benefits may be provided after the date of the enactment of this Act shall under this section after Dec. 31, 2013, except as other- be eligible to receive benefits only under the wise provided, see section 285 of Pub. L. 93–618, set out provisions of chapter 2 of title II of the Trade as a note preceding this section. Act of 1974, as in effect on February 13, 2011. ‘‘(III) COMPUTATION OF MAXIMUM BENEFITS.— APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE Benefits received by a worker described in sub- PROVISIONS clause (I) under chapter 2 of title II of the Trade Act of 1974, as in effect on February 13, 2011, be- Pub. L. 112–40, title II, § 231, Oct. 21, 2011, 125 Stat. 413, fore the worker makes the election described in provided that: that subclause shall be included in any deter- ‘‘(a) TRADE ADJUSTMENT ASSISTANCE FOR WORKERS.— mination of the maximum benefits for which ‘‘(1) PETITIONS FILED ON OR AFTER FEBRUARY 13, 2011, the worker is eligible under the provisions of AND BEFORE DATE OF ENACTMENT.— chapter 2 of title II of the Trade Act of 1974, as ‘‘(A) CERTIFICATIONS OF WORKERS NOT CERTIFIED in effect on the date of the enactment of this BEFORE DATE OF ENACTMENT.— Act [Oct. 21, 2011], or as in effect on February ‘‘(i) CRITERIA IF A DETERMINATION HAS NOT BEEN 13, 2011, whichever is applicable after the elec- MADE.—If, as of the date of the enactment of this tion of the worker under subclause (I). Act [Oct. 21, 2011], the Secretary of Labor has not ‘‘(2) PETITIONS FILED BEFORE FEBRUARY 13, 2011.—A made a determination with respect to whether to worker certified as eligible to apply for adjustment certify a group of workers as eligible to apply for assistance pursuant to a petition filed under section adjustment assistance under section 222 of the 221 of the Trade Act of 1974 [19 U.S.C. 2271]— Trade Act of 1974 [19 U.S.C. 2272] pursuant to a pe- ‘‘(A) on or after May 18, 2009, and on or before tition described in clause (iii), the Secretary shall February 12, 2011, shall continue to be eligible to make that determination based on the require- apply for and receive benefits under the provisions ments of section 222 of the Trade Act of 1974, as of chapter 2 of title II of such Act [this part], as in in effect on such date of enactment. effect on February 12, 2011; or ‘‘(ii) RECONSIDERATION OF DENIALS OF CERTIFI- ‘‘(B) before May 18, 2009, shall continue to be eli- CATIONS.—If, before the date of the enactment of gible to apply for and receive benefits under the this Act, the Secretary made a determination not provisions of chapter 2 of title II of such Act, as in to certify a group of workers as eligible to apply effect on May 17, 2009. for adjustment assistance under section 222 of the ‘‘(3) QUALIFYING SEPARATIONS WITH RESPECT TO PETI- Trade Act of 1974 pursuant to a petition described TIONS FILED WITHIN 90 DAYS OF DATE OF ENACTMENT.— in clause (iii), the Secretary shall— Section 223(b) of the Trade Act of 1974 [19 U.S.C. ‘‘(I) reconsider that determination; and 2273(b)], as in effect on the date of the enactment of ‘‘(II) if the group of workers meets the re- this Act [Oct. 21, 2011], shall be applied and adminis- quirements of section 222 of the Trade Act of tered by substituting ‘before February 13, 2010’ for 1974, as in effect on such date of enactment, cer- ‘more than one year before the date of the petition on tify the group of workers as eligible to apply for which such certification was granted’ for purposes of adjustment assistance. determining whether a worker is eligible to apply for ‘‘(iii) PETITION DESCRIBED.—A petition described adjustment assistance pursuant to a petition filed in this clause is a petition for a certification of under section 221 of the Trade Act of 1974 [19 U.S.C. eligibility for a group of workers filed under sec- 2271] on or after the date of the enactment of this Act tion 221 of the Trade Act of 1974 [19 U.S.C. 2271] on and on or before the date that is 90 days after such or after February 13, 2011, and before the date of date of enactment. the enactment of this Act. ‘‘(b) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— ‘‘(B) ELIGIBILITY FOR BENEFITS.— ‘‘(1) CERTIFICATION OF FIRMS NOT CERTIFIED BEFORE ‘‘(i) IN GENERAL.—Except as provided in clause DATE OF ENACTMENT.— (ii), a worker certified as eligible to apply for ad- ‘‘(A) CRITERIA IF A DETERMINATION HAS NOT BEEN justment assistance under section 222 of the MADE.—If, as of the date of the enactment of this Trade Act of 1974 [19 U.S.C. 2272] pursuant to a pe- Act [Oct. 21, 2011], the Secretary of Commerce has tition described in subparagraph (A)(iii) shall be not made a determination with respect to whether eligible, on and after the date that is 60 days after to certify a firm as eligible to apply for adjustment the date of the enactment of this Act [Oct. 21, assistance under section 251 of the Trade Act of 1974 2011], to receive benefits only under the provi- [19 U.S.C. 2341] pursuant to a petition described in sions of chapter 2 of title II of the Trade Act of subparagraph (C), the Secretary shall make that de- § 2272 TITLE 19—CUSTOMS DUTIES Page 528

termination based on the requirements of section allowances, training, and other employment services, 251 of the Trade Act of 1974, as in effect on such and the petition and application procedures (including date of enactment. appropriate filing dates) for such allowances, training, ‘‘(B) RECONSIDERATION OF DENIAL OF CERTAIN PETI- and services, under the trade adjustment assistance TIONS.—If, before the date of the enactment of this program under chapter 2 of title II of the Trade Act of Act, the Secretary made a determination not to 1974 to workers who are applying for, or are certified to certify a firm as eligible to apply for adjustment receive, assistance under that program, including infor- assistance under section 251 of the Trade Act of 1974 mation on all other Federal assistance available to pursuant to a petition described in subparagraph such workers.’’ (C), the Secretary shall— ‘‘(i) reconsider that determination; and § 2272. Group eligibility requirements; agricul- ‘‘(ii) if the firm meets the requirements of sec- tural workers; oil and natural gas industry tion 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligi- (a) In general ble to apply for adjustment assistance. A group of workers shall be certified by the ‘‘(C) PETITION DESCRIBED.—A petition described in Secretary as eligible to apply for adjustment as- this subparagraph is a petition for a certification of sistance under this part pursuant to a petition eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 [19 U.S.C. filed under section 2271 of this title if the Sec- 2341] on or after February 13, 2011, and before the retary determines that— date of the enactment of this Act [Oct. 21, 2011]. (1) a significant number or proportion of the ‘‘(2) CERTIFICATION OF FIRMS THAT DID NOT SUBMIT workers in such workers’ firm have become to- PETITIONS BETWEEN FEBRUARY 13, 2011, AND DATE OF EN- tally or partially separated, or are threatened ACTMENT.— to become totally or partially separated; and ‘‘(A) IN GENERAL.—The Secretary of Commerce (2)(A)(i) the sales or production, or both, of shall certify a firm described in subparagraph (B) as such firm have decreased absolutely; eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 [19 U.S.C. 2341], (ii)(I) imports of articles or services like or as in effect on the date of the enactment of this Act directly competitive with articles produced or [Oct. 21, 2011], if the firm or its representative files services supplied by such firm have increased; a petition for a certification of eligibility under (II) imports of articles like or directly com- section 251 of the Trade Act of 1974 not later than petitive with articles— 90 days after such date of enactment. (aa) into which one or more component ‘‘(B) FIRM DESCRIBED.—A firm described in this parts produced by such firm are directly in- subparagraph is a firm that the Secretary deter- corporated, or mines would have been certified as eligible to apply for adjustment assistance if— (bb) which are produced directly using ‘‘(i) the firm or its representative had filed a pe- services supplied by such firm, tition for a certification of eligibility under sec- have increased; or tion 251 of the Trade Act of 1974 on a date during (III) imports of articles directly incorporat- the period beginning on February 13, 2011, and ending on the day before the date of the enacting one or more component parts produced ment of this Act; and outside the United States that are like or di- ‘‘(ii) the provisions of chapter 3 of title II of the rectly competitive with imports of articles in- Trade Act of 1974 [part 3 of this subchapter], as in corporating one or more component parts pro- effect on such date of enactment, had been in ef- duced by such firm have increased; and fect on that date during the period described in (iii) the increase in imports described in clause (i).’’ clause (ii) contributed importantly to such DETERMINATION OF INCREASES OF IMPORTS FOR workers’ separation or threat of separation CERTAIN FISHERMEN and to the decline in the sales or production of such firm; or Pub. L. 111–5, div. B, title I, § 1886, Feb. 17, 2009, 123 Stat. 419, provided that: ‘‘For purposes of chapters 2 (B)(i)(I) there has been a shift by such work- and 6 [this part and part 6 of this subchapter] of title ers’ firm to a foreign country in the produc- II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), in the tion of articles or the supply of services like case of an agricultural commodity producer that— or directly competitive with articles which are ‘‘(1) is a fisherman or aquaculture producer, and produced or services which are supplied by ‘‘(2) is otherwise eligible for adjustment assistance such firm; or under chapter 2 or 6, as the case may be, (II) such workers’ firm has acquired from a the increase in imports of articles like or directly com- foreign country articles or services that are petitive with the agricultural commodity produced by such producer may be based on imports of wild-caught like or directly competitive with articles seafood, farm-raised seafood, or both.’’ which are produced or services which are supplied by such firm; and DECLARATION OF POLICY; SENSE OF CONGRESS (ii) the shift described in clause (i)(I) or the Pub. L. 107–210, div. A, title I, § 125, Aug. 6, 2002, 116 acquisition of articles or services described in Stat. 946, provided that: clause (i)(II) contributed importantly to such ‘‘(a) DECLARATION OF POLICY.—Congress reiterates workers’ separation or threat of separation. that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 [this (b) Adversely affected secondary workers part], workers are eligible for transportation, child- A group of workers shall be certified by the care, and healthcare assistance, as well as other related Secretary as eligible to apply for trade adjust- assistance under programs administered by the Depart- ment assistance benefits under this part pursu- ment of Labor. ant to a petition filed under section 2271 of this ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Labor, working independently title if the Secretary determines that— and in conjunction with the States, should, in accord- (1) a significant number or proportion of the ance with section 225 of the Trade Act of 1974 [19 U.S.C. workers in the workers’ firm or an appropriate 2275], provide more specific information about benefit subdivision of the firm have become totally or Page 529 TITLE 19—CUSTOMS DUTIES § 2272

partially separated, or are threatened to be- (2) Additional information come totally or partially separated; The Secretary may seek additional informa- (2) the workers’ firm is a supplier or down- tion to determine whether to certify a group stream producer to a firm that employed a of workers under subsection (a) or (b)— group of workers who received a certification (A) by contacting— of eligibility under subsection (a) of this sec- (i) officials or employees of the workers’ tion, and such supply or production is related firm; to the article or service that was the basis for (ii) officials of customers of the workers’ such certification (as defined in subsection firm; (c)(3) and (4) of this section); and (iii) officials of certified or recognized (3) either— unions or other duly authorized represent- (A) the workers’ firm is a supplier and the atives of the group of workers; or component parts it supplied to the firm de- (iv) one-stop operators or one-stop part- scribed in paragraph (2) accounted for at ners (as defined in section 2801 of title 29); least 20 percent of the production or sales of or the workers’ firm; or (B) a loss of business by the workers’ firm (B) by using other available sources of in- with the firm described in paragraph (2) con- formation. tributed importantly to the workers’ separa- (3) Verification of information tion or threat of separation determined (A) Certification under paragraph (1). The Secretary shall require a firm or cus- (c) Definitions tomer to certify— For purposes of this section— (i) all information obtained under para- (1) The term ‘‘contributed importantly’’ graph (1) from the firm or customer (as the means a cause which is important but not nec- case may be) through questionnaires; and essarily more important than any other cause. (ii) all other information obtained under (2)(A) Any firm that engages in exploration paragraph (1) from the firm or customer or drilling for oil or natural gas shall be con- (as the case may be) on which the Sec- sidered to be a firm producing oil or natural retary relies in making a determination gas. under section 2273 of this title, unless the (B) Any firm that engages in exploration or Secretary has a reasonable basis for deter- drilling for oil or natural gas, or otherwise mining that such information is accurate produces oil or natural gas, shall be considered and complete without being certified. to be producing articles directly competitive (B) Use of subpoenas with imports of oil and with imports of natu- The Secretary shall require the workers’ ral gas. firm or a customer of the workers’ firm to (3) DOWNSTREAM PRODUCER.— provide information requested by the Sec- (A) IN GENERAL.—The term ‘‘downstream retary under paragraph (1) by subpoena pur- producer’’ means a firm that performs addi- suant to section 2321 of this title if the firm tional, value-added production processes or or customer (as the case may be) fails to services directly for another firm for articles provide the information within 20 days after or services with respect to which a group of the date of the Secretary’s request, unless workers in such other firm has been certified the firm or customer (as the case may be) under subsection (a). demonstrates to the satisfaction of the Sec- (B) VALUE-ADDED PRODUCTION PROCESSES retary that the firm or customer (as the case OR SERVICES.—For purposes of subparagraph may be) will provide the information within (A), value-added production processes or a reasonable period of time. services include final assembly, finishing, testing, packaging, or maintenance or trans- (C) Protection of confidential information portation services. The Secretary may not release informa- (4) SUPPLIER.—The term ‘‘supplier’’ means a tion obtained under paragraph (1) that the firm that produces and supplies directly to an- Secretary considers to be confidential busi- other firm component parts for articles, or ness information unless the firm or cus- services, used in the production of articles or tomer (as the case may be) submitting the in the supply of services, as the case may be, confidential business information had no- that were the basis for a certification of eligi- tice, at the time of submission, that the in- bility under subsection (a) of this section of a formation would be released by the Sec- group of workers employed by such other firm. retary, or the firm or customer (as the case may be) subsequently consents to the re- (d) Basis for Secretary’s determinations lease of the information. Nothing in this (1) In general subparagraph shall be construed to prohibit the Secretary from providing such confiden- The Secretary shall, in determining whether tial business information to a court in cam- to certify a group of workers under section era or to another party under a protective 2273 of this title, obtain from the workers’ order issued by a court. firm, or a customer of the workers’ firm, information the Secretary determines to be nec- (e) Firms identified by the International Trade essary to make the certification, through Commission questionnaires and in such other manner as Notwithstanding any other provision of this the Secretary determines appropriate. part, a group of workers covered by a petition § 2272 TITLE 19—CUSTOMS DUTIES Page 530 filed under section 2271 of this title shall be cer- nation Dates of 2009 Amendment notes, and Effective tified under subsection (a) as eligible to apply and Termination Dates of 2011 Revival note below. for adjustment assistance under this part if— AMENDMENTS (1) the workers’ firm is publicly identified by 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- name by the International Trade Commission vived the provisions of this section, as in effect on Feb. as a member of a domestic industry in an in- 12, 2011. See Codification note above and 2009 Amend- vestigation resulting in— ment and Effective and Termination Dates of 2011 Re- (A) an affirmative determination of seri- vival notes below. ous injury or threat thereof under section Subsec. (b). Pub. L. 112–40, §§ 211(a)(1), (2), 233, tempo- 2252(b)(1) of this title; rarily redesignated subsec. (c) as (b) and struck out (B) an affirmative determination of mar- former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘A group of workers in a public ket disruption or threat thereof under sec- agency shall be certified by the Secretary as eligible to tion 2451(b)(1) of this title; or apply for adjustment assistance under this part pursu- (C) an affirmative final determination of ant to a petition filed under section 2271 of this title if material injury or threat thereof under sec- the Secretary determines that— tion 1671d(b)(1)(A) or 1673d(b)(1)(A) of this ‘‘(1) a significant number or proportion of the work- title; ers in the public agency have become totally or partially separated, or are threatened to become totally (2) the petition is filed during the one-year or partially separated; period beginning on the date on which— ‘‘(2) the public agency has acquired from a foreign (A) a summary of the report submitted to country services like or directly competitive with the President by the International Trade services which are supplied by such agency; and ‘‘(3) the acquisition of services described in para- Commission under section 2252(f)(1) of this graph (2) contributed importantly to such workers’ title with respect to the affirmative deter- separation or threat of separation.’’ mination described in paragraph (1)(A) is See Codification note above and Effective and Termi- published in the Federal Register under sec- nation Dates of 2011 Revival note below. tion 2252(f)(3) of this title; or Subsec. (b)(2). Pub. L. 112–40, §§ 211(a)(3), 233, tempo- (B) notice of an affirmative determination rarily substituted ‘‘(c)(3)’’ for ‘‘(d)(3)’’. See Codification described in subparagraph (B) or (C) of para- note above and Effective and Termination Dates of 2011 Revival note below. graph (1) is published in the Federal Reg- Subsec. (c). Pub. L. 112–40, §§ 211(a)(2), 233, tempo- ister; and rarily redesignated subsec. (d) as (c). Former subsec. (c) (3) the workers have become totally or par- temporarily redesignated (b). See Codification note tially separated from the workers’ firm with- above and Effective and Termination Dates of 2011 Re- vival note below. in— Subsec. (c)(5). Pub. L. 112–40, §§ 211(a)(4), 233, tempo- (A) the one-year period described in para- rarily struck out par. (5). Prior to amendment, text graph (2); or read as follows: ‘‘For purposes of subsection (a), the (B) notwithstanding section 2273(b) of this term ‘firm’ does not include a public agency.’’ See title, the one-year period preceding the one- Codification note above and Effective and Termination year period described in paragraph (2). Dates of 2011 Revival note below. Subsec. (d). Pub. L. 112–40, §§ 211(a)(2), 233, tempo- (Pub. L. 93–618, title II, § 222, Jan. 3, 1975, 88 Stat. rarily redesignated subsec. (e) as (d). Former subsec. (d) 2019; Pub. L. 97–35, title XXV, § 2501, Aug. 13, temporarily redesignated (c). See Codification note 1981, 95 Stat. 881; Pub. L. 98–120, § 3(a), Oct. 12, above and Effective and Termination Dates of 2011 Re- 1983, 97 Stat. 809; Pub. L. 99–272, title XIII, vival note below. Subsec. (d)(2). Pub. L. 112–40, §§ 211(a)(5), 233, tempo- § 13002(a), Apr. 7, 1986, 100 Stat. 300; Pub. L. rarily substituted ‘‘or (b)’’ for ‘‘, (b), or (c)’’ in intro- 100–418, title I, § 1421(a)(1)(A), (b)(1), Aug. 23, 1988, ductory provisions. See Codification note above and Ef- 102 Stat. 1242, 1243; Pub. L. 103–182, title V, fective and Termination Dates of 2011 Revival note § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. below. 107–210, div. A, title I, § 113, Aug. 6, 2002, 116 Stat. Subsecs. (e), (f). Pub. L. 112–40, §§ 211(a)(2), 233, tempo- 937; Pub. L. 108–429, title II, § 2004(a)(5), Dec. 3, rarily redesignated subsec. (f) as (e). Former subsec. (e) 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, temporarily redesignated (d). See Codification note above and Effective and Termination Dates of 2011 Re- §§ 1801(b), (c), (e)(2), 1802, Feb. 17, 2009, 123 Stat. vival note below. 367, 368, 370, 371; Pub. L. 112–40, title II, §§ 201(b), 2009—Subsec. (a). Pub. L. 111–5, §§ 1801(e)(2)(A), 1893, (c), 211(a), Oct. 21, 2011, 125 Stat. 403.) temporarily struck out ‘‘(including workers in any agricultural firm or subdivision of an agricultural firm)’’ REVERSION TO PROVISIONS IN EFFECT ON after ‘‘group of workers’’ in introductory provisions. FEBRUARY 13, 2011 See Codification note above and Effective and Termi- For reversion, beginning on Jan. 1, 2014, to nation Dates of 2009 Amendment note below. provisions in effect on Feb. 13, 2011, with cer- Subsec. (a)(1). Pub. L. 111–5, §§ 1801(e)(2)(B)(i), 1893, tain exceptions and subject to section 233(b) of temporarily struck out ‘‘, or an appropriate subdivi- Pub. L. 112–40, see Codification and Effective sion of the firm,’’ after ‘‘workers’ firm’’. See Codifica- tion note above and Effective and Termination Dates of and Termination Dates of 2011 Revival notes 2009 Amendment note below. below. Subsec. (a)(2)(A)(i). Pub. L. 111–5, §§ 1801(e)(2)(B)(ii), 1893, temporarily struck out ‘‘or subdivision’’ after CODIFICATION ‘‘such firm’’. See Codification note above and Effective Section 1893 of Pub. L. 111–5, which provided for Feb. and Termination Dates of 2009 Amendment note below. 13, 2011, termination of amendment by Pub. L. 111–5, Subsec. (a)(2)(A)(ii). Pub. L. 111–5, §§ 1801(b)(1)(A), 1893, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, temporarily amended cl. (ii) generally. Prior to amend- 2011, 125 Stat. 403, and the provisions of this section, as ment, cl. (ii) read as follows: ‘‘imports of articles like amended by Pub. L. 111–5 and as in effect on Feb. 12, or directly competitive with articles produced by such 2011, were temporarily revived, effective Oct. 21, 2011, firm or subdivision have increased; and’’. See Codifica- until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See tion note above and Effective and Termination Dates of 2009 and 2011 Amendment notes, Effective and Termi- 2009 Amendment note below. Page 531 TITLE 19—CUSTOMS DUTIES § 2272

Subsec. (a)(2)(A)(iii). Pub. L. 111–5, §§ 1801(e)(2)(B)(ii), other firm’’ and inserted ‘‘, or services, used in the pro- 1893, temporarily struck out ‘‘or subdivision’’ after duction of articles or in the supply of services, as the ‘‘such firm’’. See Codification note above and Effective case may be,’’ after ‘‘for articles’’. See Codification and Termination Dates of 2009 Amendment note below. note above and Effective and Termination Dates of 2009 Subsec. (a)(2)(B). Pub. L. 111–5, §§ 1801(b)(1)(B), 1893, Amendment note below. temporarily amended subpar. (B) generally. Prior to Subsec. (d)(5). Pub. L. 111–5, §§ 1801(e)(2)(D)(v), 1893, amendment, subpar. (B) read as follows: temporarily added par. (5). See Codification note above ‘‘(i) there has been a shift in production by such and Effective and Termination Dates of 2009 Amend- workers’ firm or subdivision to a foreign country of ar- ment note below. ticles like or directly competitive with articles which Subsecs. (e), (f). Pub. L. 111–5, §§ 1801(c), 1802, 1893, are produced by such firm or subdivision; and temporarily added subsecs. (e) and (f). See Codification ‘‘(ii)(I) the country to which the workers’ firm has note above and Effective and Termination Dates of 2009 shifted production of the articles is a party to a free Amendment note below. trade agreement with the United States; 2004—Subsec. (b). Pub. L. 108–429 made technical ‘‘(II) the country to which the workers’ firm has amendment to heading and inserted ‘‘pursuant to a pe- shifted production of the articles is a beneficiary coun- tition filed under section 2271 of this title’’ after ‘‘under try under the Andean Trade Preference Act, African this part’’ in introductory provisions. Growth and Opportunity Act, or the Caribbean Basin 2002—Subsec. (a). Pub. L. 107–210, § 113(a)(1)(A), in- Economic Recovery Act; or ‘‘(III) there has been or is likely to be an increase in serted heading and amended text generally. Prior to imports of articles that are like or directly competitive amendment, text read as follows: ‘‘The Secretary shall with articles which are or were produced by such firm certify a group of workers (including workers in any or subdivision.’’ agricultural firm or subdivision of an agricultural firm) See Codification note above and Effective and Termi- as eligible to apply for adjustment assistance under nation Dates of 2009 Amendment note below. this subpart if he determines— Subsec. (b). Pub. L. 111–5, §§ 1801(b)(2), (3), 1893, tempo- ‘‘(1) that a significant number or proportion of the rarily added subsec. (b) and redesignated former subsec. workers in such workers’ firm or an appropriate sub- (b) as (c). See Codification note above and Effective and division of the firm have become totally or partially Termination Dates of 2009 Amendment note below. separated, or are threatened to become totally or par- Subsec. (c). Pub. L. 111–5, §§ 1801(e)(2)(A), 1893, tempo- tially separated, rarily struck out ‘‘(including workers in any agricul- ‘‘(2) that sales or production, or both, of such firm tural firm or subdivision of an agricultural firm)’’ after or subdivision have decreased absolutely, and ‘‘group of workers’’ in introductory provisions. See ‘‘(3) that increases of imports of articles like or di- Codification note above and Effective and Termination rectly competitive with articles produced by such Dates of 2009 Amendment note below. workers’ firm or an appropriate subdivision thereof Pub. L. 111–5, §§ 1801(b)(2), 1893, temporarily redesig- contributed importantly to such total or partial sepa- nated subsec. (b) as (c). Former subsec. (c) temporarily ration, or threat thereof, and to such decline in sales redesignated (d). See Codification note above and Effec- or production.’’ tive and Termination Dates of 2009 Amendment note Subsec. (b). Pub. L. 107–210, § 113(a)(1)(C), added sub- below. sec. (b). Former subsec. (b) redesignated (c). Subsec. (c)(2). Pub. L. 111–5, §§ 1801(e)(2)(C)(i), 1893, Subsec. (c). Pub. L. 107–210, § 113(b)(1), substituted temporarily struck out ‘‘(or subdivision)’’ after ‘‘work- ‘‘this section’’ for ‘‘subsection (a)(3) of this section’’ in ers’ firm’’ and after ‘‘producer to a firm’’, inserted ‘‘or introductory provisions. service’’ after ‘‘the article’’, and substituted ‘‘(d)(3)’’ Pub. L. 107–210, § 113(a)(1)(B), redesignated subsec. (b) for ‘‘(c)(3)’’. See Codification note above and Effective as (c). and Termination Dates of 2009 Amendment note below. Subsec. (c)(3), (4). Pub. L. 107–210, § 113(b)(2), added Subsec. (c)(3). Pub. L. 111–5, §§ 1801(e)(2)(C)(ii), 1893, pars. (3) and (4). temporarily struck out ‘‘(or subdivision)’’ after ‘‘the 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist- firm’’ in two places. See Codification note above and ance under this subpart’’ for ‘‘assistance under this Effective and Termination Dates of 2009 Amendment part’’. note below. 1988—Pub. L. 100–418, § 1421(a)(1)(A), struck out last Subsec. (d). Pub. L. 111–5, §§ 1801(e)(2)(D)(i), 1893, tem- sentence which defined ‘‘contributed importantly’’ for porarily inserted heading. See Codification note above purposes of par. (3), designated remaining provisions as and Effective and Termination Dates of 2009 Amend- subsec. (a), and added subsec. (b). ment note below. Pub. L. 111–5, §§ 1801(b)(2), 1893, temporarily redesig- Subsec. (a)(3). Pub. L. 100–418, § 1421(b)(1), directed the nated subsec. (c) as (d). See Codification note above and general amendment of par. (3) adding provisions relat- Effective and Termination Dates of 2009 Amendment ing to provision of essential goods or services by such note below. workers’ firm, or appropriate subdivision thereof, Subsec. (d)(2). Pub. L. 111–5, §§ 1801(e)(2)(D)(ii), 1893, which amendment did not become effective pursuant to temporarily struck out ‘‘, or appropriate subdivision of section 1430(d) of Pub. L. 100–418, as amended, set out as a firm,’’ after ‘‘Any firm’’ in two places. See Codifica- an Effective Date note under section 2397 of this title. tion note above and Effective and Termination Dates of 1986—Pub. L. 99–272 inserted ‘‘(including workers in 2009 Amendment note below. any agricultural firm or subdivision of an agricultural Subsec. (d)(3). Pub. L. 111–5, §§ 1801(e)(2)(D)(iii), 1893, firm)’’ after ‘‘group of workers’’. temporarily amended par. (3) generally. Prior to 1983—Pub. L. 98–120, § 3(a)(2), substituted ‘‘For pur- amendment, text read as follows: ‘‘The term ‘down- poses of paragraph (3), the term ‘contributed impor- stream producer’ means a firm that performs addi- tantly’ means a cause which is important, but not nec- tional, value-added production processes for a firm or essarily more important than any other cause’’ for subdivision, including a firm that performs final assem- ‘‘For purposes of paragraph (3), the term ‘substantial bly or finishing, directly for another firm (or subdivi- cause’ means a cause which is important and not less sion), for articles that were the basis for a certification than any other cause’’ in provision following par. (3). of eligibility under subsection (a) of this section of a Par. (3). Pub. L. 98–120, § 3(a)(1), substituted ‘‘contrib- group of workers employed by such other firm, if the uted importantly to such total or partial separation, or certification of eligibility under subsection (a) of this threat thereof, and to such decline’’ for ‘‘were a subsection is based on an increase in imports from, or a stantial cause of such total or partial separation, or shift in production to, Canada or Mexico.’’ See Codi- threat thereof, and of such decline’’. fication note above and Effective and Termination 1981—Pub. L. 97–35 substituted provisions defining Dates of 2009 Amendment note below. ‘‘substantial cause’’ and applicability of such term in Subsec. (d)(4). Pub. L. 111–5, §§ 1801(e)(2)(D)(iv), 1893, par. (3) for provisions defining ‘‘contributed impor- temporarily struck out ‘‘(or subdivision)’’ after ‘‘an- tantly’’ and applicability of such term in par. (3). § 2273 TITLE 19—CUSTOMS DUTIES Page 532

EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL § 2273. Determinations by Secretary of Labor For temporary revival and applicability of provisions (a) Certification of eligibility as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as notes preceding section As soon as possible after the date on which a 2271 of this title. For reversion, beginning on Jan. 1, petition is filed under section 2271 of this title, 2014, to provisions in effect on Feb. 13, 2011, with cer- but in any event not later than 40 days after tain exceptions and subject to section 233(b) of Pub. L. that date, the Secretary shall determine wheth- 112–40, see section 233 of Pub. L. 112–40, set out as a note er the petitioning group meets the requirements preceding section 2271 of this title. of section 2272 of this title and shall issue a cer- EFFECTIVE AND TERMINATION DATES OF 2009 tification of eligibility to apply for assistance AMENDMENT under this subpart covering workers in any Except as otherwise provided and subject to certain group which meets such requirements. Each cer- applicability provisions, amendment by Pub. L. 111–5 tification shall specify the date on which the effective upon the expiration of the 90-day period begin- total or partial separation began or threatened ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, to begin. set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- (b) Workers covered by certification cept as otherwise provided, amendment by Pub. L. 111–5 A certification under this section shall not not applicable on or after Feb. 13, 2011, and that this apply to any worker whose last total or partial section be applied and administered beginning Feb. 13, separation from the firm before the worker’s ap- 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), plication under section 2291 of this title oc- Oct. 21, 2011, 125 Stat. 403. See Codification note above. curred more than one year before the date of the petition on which such certification was grant- EFFECTIVE DATE OF 2002 AMENDMENT ed. Amendment by Pub. L. 107–210 applicable to petitions (c) Publication of determination in Federal Reg- for certification filed under this part or part 3 of this ister subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section Upon reaching a determination on a petition, 151 of Pub. L. 107–210, set out as a note preceding sec- the Secretary shall promptly publish a summary tion 2271 of this title. of the determination in the Federal Register and EFFECTIVE DATE OF 1993 AMENDMENT on the website of the Department of Labor, together with the Secretary’s reasons for making Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into such determination. force with respect to the United States (Jan. 1, 1994), (d) Termination of certification see section 506(a) of Pub. L. 103–182, set out as a note Whenever the Secretary determines, with re- under section 2271 of this title. spect to any certification of eligibility of the EFFECTIVE DATE OF 1983 AMENDMENT workers of a firm, that total or partial separa- Section 3(b) of Pub. L. 98–120 provided that: ‘‘The tions from such firm are no longer attributable amendments made by subsection (a) [amending this to the conditions specified in section 2272 of this section] shall apply with respect to petitions for cer- title, the Secretary shall terminate such certifi- tification filed under section 221 of the Trade Act of cation and promptly have notice of such termi- 1974 [19 U.S.C. 2271] on or after October 1, 1983.’’ nation published in the Federal Register and on EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION the website of the Department of Labor, to- PROVISIONS gether with the Secretary’s reasons for making Amendment by Pub. L. 97–35 applicable to petitions such determination. Such termination shall filed on or after Oct. 1, 1983, with transition provisions apply only with respect to total or partial sepa- applicable, see section 2514 of Pub. L. 97–35, set out as rations occurring after the termination date a note under section 2291 of this title. specified by the Secretary. TERMINATION DATE (e) Standards for investigations and determina- No trade adjustment assistance, vouchers, allow- tions ances, or other payments or benefits may be provided (1) In general under this section after Dec. 31, 2013, except as otherwise provided, see section 285 of Pub. L. 93–618, set out The Secretary shall establish standards, in- as a note preceding section 2271 of this title. cluding data requirements, for investigations of petitions filed under section 2271 of this WORKERS COVERED BY CERTIFICATION title and criteria for making determinations NOTWITHSTANDING OTHER LAW under subsection (a). Pub. L. 100–418, title I, § 1421(a)(1)(B), Aug. 23, 1988, 102 Stat. 1243, provided that: ‘‘Notwithstanding section (2) Consultations 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], or any Not less than 90 days before issuing a final other provision of law, any certification made under rule with respect to the standards required subchapter A of chapter 2 of title II of such Act [this under paragraph (1), the Secretary shall con- subpart] which— sult with the Committee on Finance of the ‘‘(i) is made with respect to a petition filed before the date that is 90 days after the date of enactment Senate and the Committee on Ways and Means of this Act [Aug. 23, 1988], and of the House of Representatives with respect ‘‘(ii) would not have been made if the amendments to such rule. made by subparagraph (A) [amending this section] (Pub. L. 93–618, title II, § 223, Jan. 3, 1975, 88 Stat. had not been enacted into law, shall apply to any worker whose most recent total or 2019; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, partial separation from the firm, or appropriate sub- 107 Stat. 2151; Pub. L. 107–210, div. A, title I, division of the firm, described in section 222(a) of such § 112(b), Aug. 6, 2002, 116 Stat. 937; Pub. L. 111–5, Act [19 U.S.C. 2272(a)] occurs after September 30, 1985.’’ div. B, title I, §§ 1803, 1858(a), Feb. 17, 2009, 123 Page 533 TITLE 19—CUSTOMS DUTIES § 2274

Stat. 372, 395; Pub. L. 112–40, title II, § 201(b), (c), tain exceptions and subject to section 233(b) of Pub. L. Oct. 21, 2011, 125 Stat. 403.) 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title. REVERSION TO PROVISIONS IN EFFECT ON FEBRUARY 13, 2011 EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with cer- Except as otherwise provided and subject to certain tain exceptions and subject to section 233(b) of applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- Pub. L. 112–40, see Codification and Effective ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, and Termination Dates of 2011 Revival notes set out as a note under section 2271 of this title. below. Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 CODIFICATION not applicable on or after Feb. 13, 2011, and that this Section 1893 of Pub. L. 111–5, which provided for Feb. section be applied and administered beginning Feb. 13, 13, 2011, termination of amendment by Pub. L. 111–5, 2011, as if amendment by Pub. L. 111–5 had never been was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, enacted, was repealed by Pub. L. 112–40, title II, § 201(a), 2011, 125 Stat. 403, and the provisions of this section, as Oct. 21, 2011, 125 Stat. 403. See Codification note above. amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, EFFECTIVE DATE OF 2002 AMENDMENT until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Amendment by Pub. L. 107–210 applicable to petitions 2009 and 2011 Amendment notes, Effective and Termi- for certification filed under this part or part 3 of this nation Dates of 2009 Amendment notes, and Effective subchapter on or after the date that is 90 days after and Termination Dates of 2011 Revival note below. Aug. 6, 2002, except as otherwise provided, see section AMENDMENTS 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. EFFECTIVE DATE OF 1993 AMENDMENT 12, 2011. See Codification note above and 2009 Amend- Amendment by Pub. L. 103–182 effective on the date ment and Effective and Termination Dates of 2011 Re- the North American Free Trade Agreement enters into vival notes below. force with respect to the United States [Jan. 1, 1994], 2009—Subsec. (b). Pub. L. 111–5, §§ 1803(1), 1893, tempo- see section 506(a) of Pub. L. 103–182, set out as a note rarily substituted ‘‘before the worker’s application under section 2271 of this title. under section 2291 of this title occurred more than one year before the date of the petition on which such cer- TERMINATION DATE tification was granted.’’ for ‘‘or appropriate subdivision of the firm before his application under section 2291 of No trade adjustment assistance, vouchers, allow- this title occurred— ances, or other payments or benefits may be provided ‘‘(1) more than one year before the date of the peti- under this section after Dec. 31, 2013, except as other- tion on which such certification was granted, or wise provided, see section 285 of Pub. L. 93–618, set out ‘‘(2) more than 6 months before the effective date of as a note preceding section 2271 of this title. this part.’’ See Codification note above and Effective and Termi- § 2274. Study and notifications regarding certain nation Dates of 2009 Amendment note below. affirmative determinations; industry notifi- Subsec. (c). Pub. L. 111–5, §§ 1803(2), 1858(a), 1893, tem- cation of assistance porarily substituted ‘‘a determination’’ for ‘‘his deter- (a) Study of domestic industry mination’’ and ‘‘and on the website of the Department of Labor, together with the Secretary’s reasons’’ for Whenever the International Trade Commission ‘‘together with his reasons’’. See Codification note (hereafter referred to in this part as the ‘‘Com- above and Effective and Termination Dates of 2009 mission’’) begins an investigation under section Amendment note below. 2252 of this title with respect to an industry, the Subsec. (d). Pub. L. 111–5, §§ 1803(3), 1893, temporarily Commission shall immediately notify the Sec- substituted ‘‘, that total or partial separations from such firm are no longer attributable to the conditions retary of such investigation, and the Secretary specified in section 2272 of this title, the Secretary shall immediately begin a study of— shall’’ for ‘‘or subdivision of the firm, that total or par- (1) the number of workers in the domestic tial separations from such firm or subdivision are no industry producing the like or directly com- longer attributable to the conditions specified in sec- petitive article who have been or are likely to tion 2272 of this title, he shall’’ and ‘‘and on the website be certified as eligible for adjustment assist- of the Department of Labor, together with the Sec- ance, and retary’s reasons’’ for ‘‘together with his reasons’’. See (2) the extent to which the adjustment of Codification note above and Effective and Termination Dates of 2009 Amendment note below. such workers to the import competition may Subsec. (e). Pub. L. 111–5, §§ 1803(4), 1893, temporarily be facilitated through the use of existing pro- added subsec. (e). See Codification note above and Ef- grams. fective and Termination Dates of 2009 Amendment note (b) Report by the Secretary below. 2002—Subsec. (a). Pub. L. 107–210 substituted ‘‘40 The report of the Secretary of the study under days’’ for ‘‘60 days’’. subsection (a) of this section shall be made to 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist- the President not later than 15 days after the ance under this subpart’’ for ‘‘assistance under this day on which the Commission makes its report part’’. under section 2252(f) of this title. Upon making EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL his report to the President, the Secretary shall also promptly make it public (with the excep- For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and tion of information which the Secretary deter- 233 of Pub. L. 112–40, set out as notes preceding section mines to be confidential) and shall have a sum- 2271 of this title. For reversion, beginning on Jan. 1, mary of it published in the Federal Register and 2014, to provisions in effect on Feb. 13, 2011, with cer- on the website of the Department of Labor. § 2274 TITLE 19—CUSTOMS DUTIES Page 534

(c) Notifications following affirmative global (i) the allowances, training, employment safeguard determinations services, and other benefits available Upon making an affirmative determination under this part; under section 2252(b)(1) of this title, the Com- (ii) the manner in which to file a peti- mission shall promptly notify the Secretary of tion and apply for such benefits; and Labor and the Secretary of Commerce and, in (iii) the availability of assistance in fil- the case of a determination with respect to an ing such petitions; agricultural commodity, the Secretary of Agri- (B) notify the Governor of each State in culture, of the determination. which one or more firms in the industry de- (d) Notifications following affirmative bilateral scribed in subparagraph (A) are located of or plurilateral safeguard determinations the Commission’s determination and the (1) Notifications of determinations of market identity of the firms; and disruption (C) upon request, provide any assistance that is necessary to file a petition under sec- Upon making an affirmative determination tion 2271 of this title; under section 2451(b)(1) of this title, the Com- mission shall promptly notify the Secretary of (2) the Secretary of Commerce shall— Labor and the Secretary of Commerce and, in (A) notify the representatives of the do- the case of a determination with respect to an mestic industry affected by the determina- agricultural commodity, the Secretary of Ag- tion and any firms publicly identified by riculture, of the determination. name during the course of the proceeding re- (2) Notifications regarding trade agreement lating to the determination of— (i) the benefits available under part 3; safeguards (ii) the manner in which to file a peti- Upon making an affirmative determination tion and apply for such benefits; and in a proceeding initiated under an applicable (iii) the availability of assistance in fil- safeguard provision (other than a provision de- ing such petitions; and scribed in paragraph (3)) that is enacted to implement a trade agreement to which the (B) upon request, provide any assistance United States is a party, the Commission shall that is necessary to file a petition under sec- promptly notify the Secretary of Labor and tion 2341 of this title; and the Secretary of Commerce and, in the case of (3) in the case of an affirmative determina- a determination with respect to an agricul- tion based upon imports of an agricultural tural commodity, the Secretary of Agri- commodity, the Secretary of Agriculture culture, of the determination. shall— (3) Notifications regarding textile and apparel (A) notify representatives of the domestic safeguards industry affected by the determination and any agricultural commodity producers pub- Upon making an affirmative determination licly identified by name during the course of in a proceeding initiated under any safeguard the proceeding relating to the determination provision relating to textile and apparel arti- of— cles that is enacted to implement a trade (i) the benefits available under part 6; agreement to which the United States is a (ii) the manner in which to file a peti- party, the President shall promptly notify the tion and apply for such benefits; and Secretary of Labor and the Secretary of Com- (iii) the availability of assistance in fil- merce of the determination. ing such petitions; and (e) Notifications following certain affirmative determinations under title VII of the Tariff Act (B) upon request, provide any assistance of 1930 that is necessary to file a petition under section 2401a of this title. Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the (g) Representatives of the domestic industry Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and For purposes of subsection (f), the term ‘‘rep- 1673d(b)(1)(A)), the Commission shall promptly resentatives of the domestic industry’’ means notify the Secretary of Labor and the Secretary the persons that petitioned for relief in connec- of Commerce and, in the case of a determination tion with— with respect to an agricultural commodity, the (1) a proceeding under section 2252 or 2451 of Secretary of Agriculture, of the determination. this title; (f) Industry notification of assistance (2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and Upon receiving a notification of a determina- 1673d(b) 1); or tion under subsection (c), (d), or (e) with respect (3) any safeguard investigation described in to a domestic industry— subsection (d)(2) or (d)(3). (1) the Secretary of Labor shall— (A) notify the representatives of the do- (Pub. L. 93–618, title II, § 224, Jan. 3, 1975, 88 Stat. mestic industry affected by the determina- 2020; Pub. L. 97–35, title XXV, § 2513(a), Aug. 13, tion, firms publicly identified by name dur- 1981, 95 Stat. 889; Pub. L. 100–418, title I, ing the course of the proceeding relating to § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; Pub. the determination, and any certified or rec- L. 111–5, div. B, title I, § 1811(a), Feb. 17, 2009, 123 ognized union or, to the extent practicable, Stat. 373; Pub. L. 112–40, title II, § 201(b), (c), Oct. other duly authorized representative of 21, 2011, 125 Stat. 403.) workers employed by such representatives of the domestic industry, of— 1 So in original. Probably should be ‘‘1671a(b) and 1673a(b)’’. Page 535 TITLE 19—CUSTOMS DUTIES § 2275

REVERSION TO PROVISIONS IN EFFECT ON 2011, as if amendment by Pub. L. 111–5 had never been FEBRUARY 13, 2011 enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with cer- EFFECTIVE DATE OF 1988 AMENDMENT tain exceptions and subject to section 233(b) of Amendment by Pub. L. 100–418 effective Aug. 23, 1988, Pub. L. 112–40, see Codification and Effective and applicable with respect to investigations initiated and Termination Dates of 2011 Revival notes under part 1 (§ 2251 et seq.) of this subchapter on or below. after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title. CODIFICATION EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION Section 1893 of Pub. L. 111–5, which provided for Feb. PROVISIONS 13, 2011, termination of amendment by Pub. L. 111–5, Amendment by Pub. L. 97–35 effective Aug. 13, 1981, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, with transition provisions applicable, see section 2514 2011, 125 Stat. 403, and the provisions of this section, as of Pub. L. 97–35, set out as a note under section 2291 of amended by Pub. L. 111–5 and as in effect on Feb. 12, this title. 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See TERMINATION DATE 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective No trade adjustment assistance, vouchers, allow- and Termination Dates of 2011 Revival note below. ances, or other payments or benefits may be provided under this section after Dec. 31, 2013, except as other- AMENDMENTS wise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. § 2275. Benefit information for workers 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- (a) The Secretary shall provide full informa- vival notes below. tion to workers about the benefit allowances, 2009—Pub. L. 111–5, §§ 1811(a)(1), 1893, temporarily sub- training, and other employment services avail- stituted ‘‘Study and notifications regarding certain af- able under this part and about the petition and firmative determinations; industry notification of as- application procedures, and the appropriate fil- sistance’’ for ‘‘Study by Secretary of Labor when Inter- ing dates, for such allowances, training and national Trade Commission begins investigation’’ in section catchline. See Codification note above and Ef- services. The Secretary shall provide whatever fective and Termination Dates of 2009 Amendment note assistance is necessary to enable groups of below. workers to prepare petitions or applications for Subsec. (a). Pub. L. 111–5, §§ 1811(a)(2), 1893, tempo- program benefits. The Secretary shall make rarily inserted heading. See Codification note above every effort to insure that cooperating State and Effective and Termination Dates of 2009 Amend- agencies fully comply with the agreements en- ment note below. tered into under section 2311(a) of this title and Subsec. (b). Pub. L. 111–5, §§ 1811(a)(3), 1893, tempo- shall periodically review such compliance. The rarily inserted heading and ‘‘and on the website of the Department of Labor’’ after ‘‘Federal Register’’ in text. Secretary shall inform the State Board for Vo- See Codification note above and Effective and Termi- cational Education or equivalent agency and nation Dates of 2009 Amendment note below. other public or private agencies, institutions, Subsecs. (c) to (g). Pub. L. 111–5, §§ 1811(a)(4), 1893, and employers, as appropriate, of each certifi- temporarily added subsecs. (c) to (g). See Codification cation issued under section 2273 of this title and note above and Effective and Termination Dates of 2009 of projections, if available, of the needs for Amendment note below. training under section 2296 of this title as a re- 1988—Subsec. (a). Pub. L. 100–418 substituted ‘‘section sult of such certification. 2252’’ for ‘‘section 2251’’. Subsec. (b). Pub. L. 100–418 substituted ‘‘section (b)(1) The Secretary shall provide written no- 2252(f)’’ for ‘‘section 2251’’. tice through the mail of the benefits available 1981—Subsec. (c). Pub. L. 97–35 struck out subsec. (c) under this part to each worker whom the Sec- which related to availability of information to work- retary has reason to believe is covered by a cer- ers. tification made under this subpart— (A) at the time such certification is made, if EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL the worker was partially or totally separated For temporary revival and applicability of provisions from the adversely affected employment be- as in effect on Feb. 12, 2011, see sections 201(b), (c) and fore such certification, or 233 of Pub. L. 112–40, set out as notes preceding section (B) at the time of the total or partial separa- 2271 of this title. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with cer- tion of the worker from the adversely affected tain exceptions and subject to section 233(b) of Pub. L. employment, if subparagraph (A) does not 112–40, see section 233 of Pub. L. 112–40, set out as a note apply. preceding section 2271 of this title. (2) The Secretary shall publish notice of the EFFECTIVE AND TERMINATION DATES OF 2009 benefits available under this part to workers AMENDMENT covered by each certification made under this Except as otherwise provided and subject to certain subpart in newspapers of general circulation in applicability provisions, amendment by Pub. L. 111–5 the areas in which such workers reside. effective upon the expiration of the 90-day period begin- (c) Upon issuing a certification under section ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, 2273 of this title, the Secretary shall notify the set out as a note under section 2271 of this title. Secretary of Commerce of the identity of each Section 1893 of Pub. L. 111–5, which provided that, ex- firm covered by the certification. cept as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this (Pub. L. 93–618, title II, § 225, as added Pub. L. section be applied and administered beginning Feb. 13, 97–35, title XXV, § 2502, Aug. 13, 1981, 95 Stat. 881; § 2291 TITLE 19—CUSTOMS DUTIES Page 536 amended Pub. L. 100–418, title I, § 1422, Aug. 23, 107–210, set out as an Effective Date of Repeal note 1988, 102 Stat. 1244; Pub. L. 103–182, title V, under section 2331 of this title. § 503(b), Dec. 8, 1993, 107 Stat. 2151; Pub. L. EFFECTIVE DATE OF 1993 AMENDMENT 107–210, div. A, title I, § 123(b)(1), Aug. 6, 2002, 116 Amendment by Pub. L. 103–182 effective on the date Stat. 944; Pub. L. 111–5, div. B, title I, § 1812, Feb. the North American Free Trade Agreement enters into 17, 2009, 123 Stat. 375; Pub. L. 112–40, title II, force with respect to the United States [Jan. 1, 1994], § 201(b), (c), Oct. 21, 2011, 125 Stat. 403.) see section 506(a) of Pub. L. 103–182, set out as a note under section 2271 of this title. REVERSION TO PROVISIONS IN EFFECT ON FEBRUARY 13, 2011 EFFECTIVE DATE OF 1988 AMENDMENT For reversion, beginning on Jan. 1, 2014, to Amendment by Pub. L. 100–418 effective on date that provisions in effect on Feb. 13, 2011, with cer- is 30 days after Aug. 23, 1988, see section 1430(e) of Pub. tain exceptions and subject to section 233(b) of L. 100–418, set out as an Effective Date note under sec- Pub. L. 112—40, see Codification and Effective tion 2397 of this title. and Termination Dates of 2011 Revival notes EFFECTIVE DATE AND TRANSITION PROVISIONS below. Section effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set CODIFICATION out as an Effective Date of 1981 Amendment note under Section 1893 of Pub. L. 111–5, which provided for Feb. section 2291 of this title. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, TERMINATION DATE 2011, 125 Stat. 403, and the provisions of this section, as No trade adjustment assistance, vouchers, allow- amended by Pub. L. 111–5 and as in effect on Feb. 12, ances, or other payments or benefits may be provided 2011, were temporarily revived, effective Oct. 21, 2011, under this section after Dec. 31, 2013, except as other- until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See wise provided, see section 285 of Pub. L. 93–618, set out 2009 and 2011 Amendment notes, Effective and Termi- as a note preceding section 2271 of this title. nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival note below. SUBPART B—PROGRAM BENEFITS

AMENDMENTS Division I—Trade Readjustment Allowances 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- § 2291. Qualifying requirements for workers vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- (a) Trade readjustment allowance conditions ment and Effective and Termination Dates of 2011 Re- Payment of a trade readjustment allowance vival notes below. shall be made to an adversely affected worker 2009—Subsec. (c). Pub. L. 111–5, §§ 1812, 1893, temporarily added subsec. (c). See Codification note above covered by a certification under subpart A of and Effective and Termination Dates of 2009 Amend- this part who files an application for such allow- ment note below. ance for any week of unemployment which be- 2002—Subsec. (b). Pub. L. 107–210 struck out ‘‘or sub- gins on or after the date of such certification, if part D of this part’’ after ‘‘this subpart’’ in pars. (1) and the following conditions are met: (2). (1) Such worker’s total or partial separation 1993—Subsec. (b). Pub. L. 103–182 inserted reference to before the worker’s application under this part subpart D in pars. (1) and (2). occurred— 1988—Pub. L. 100–418 designated existing provisions as subsec. (a) and added subsec. (b). (A) on or after the date, as specified in the certification under which the worker is cov- EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL ered, on which total or partial separation For temporary revival and applicability of provisions began or threatened to begin in the ad- as in effect on Feb. 12, 2011, see sections 201(b), (c) and versely affected employment, 233 of Pub. L. 112–40, set out as notes preceding section (B) before the expiration of the 2-year pe- 2271 of this title. For reversion, beginning on Jan. 1, riod beginning on the date on which the de- 2014, to provisions in effect on Feb. 13, 2011, with cer- termination under section 2273 of this title tain exceptions and subject to section 233(b) of Pub. L. was made, and 112–40, see section 233 of Pub. L. 112–40, set out as a note (C) before the termination date (if any) de- preceding section 2271 of this title. termined pursuant to section 2273(d) of this EFFECTIVE AND TERMINATION DATES OF 2009 title. AMENDMENT (2) Such worker had, in the 52-week period Except as otherwise provided and subject to certain ending with the week in which such total or applicability provisions, amendment by Pub. L. 111–5 partial separation occurred, at least 26 weeks effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, of employment at wages of $30 or more a week set out as a note under section 2271 of this title. in adversely affected employment with a sin- Section 1893 of Pub. L. 111–5, which provided that, ex- gle firm, or, if data with respect to weeks of cept as otherwise provided, amendment by Pub. L. 111–5 employment with a firm are not available, not applicable on or after Feb. 13, 2011, and that this equivalent amounts of employment computed section be applied and administered beginning Feb. 13, under regulations prescribed by the Secretary. 2011, as if amendment by Pub. L. 111–5 had never been For the purposes of this paragraph, any week enacted, was repealed by Pub. L. 112–40, title II, § 201(a), in which such worker— Oct. 21, 2011, 125 Stat. 403. See Codification note above. (A) is on employer-authorized leave for EFFECTIVE DATE OF 2002 AMENDMENT purposes of vacation, sickness, injury, ma- Amendment by Pub. L. 107–210 applicable with re- ternity, or inactive duty or active duty mili- spect to petitions filed under this part on or after the tary service for training, date that is 90 days after Aug. 6, 2002, except with re- (B) does not work because of a disability spect to certain workers, see section 123(c) of Pub. L. that is compensable under a workmen’s com- Page 537 TITLE 19—CUSTOMS DUTIES § 2291

pensation law or plan of a State or the (IV) in the case of a worker who fails to United States, enroll by the date required by subclause (C) had his employment interrupted in (I), (II), or (III), as the case may be, due to order to serve as a full-time representative the failure to provide the worker with of a labor organization in such firm, or timely information regarding the date (D) is on call-up for purposes of active specified in such subclause, the last day of duty in a reserve status in the Armed Forces a period determined by the Secretary, or of the United States, provided such active (V) the last day of a period determined duty is ‘‘Federal service’’ as defined in sec- by the Secretary to be approved for enroll- tion 8521(a)(1) of title 5, ment after the termination of a waiver is- shall be treated as a week of employment at sued pursuant to subsection (c) of this sec- wages of $30 or more, but not more than 7 tion, weeks, in case of weeks described in subpara- (B) has, after the date on which the worker graph (A) or (C), or both (and not more than 26 became totally separated, or partially sepa- weeks, in the case of weeks described in sub- rated, from the adversely affected employ- paragraph (B) or (D)), may be treated as weeks ment, completed a training program ap- of employment under this sentence. proved by the Secretary under section (3) Such worker— 2296(a) of this title, or (A) was entitled to (or would be entitled to (C) has received a written statement under if the worker applied therefor) unemploy- subsection (c)(1) of this section after the ment insurance for a week within the bene- date described in subparagraph (B). fit period (i) in which such total or partial (b) Withholding of trade readjustment allowance separation took place, or (ii) which began (or pending beginning or resumption of partici- would have begun) by reason of the filing of pation in training program; period of appli- a claim for unemployment insurance by such cability worker after such total or partial separation; If— (B) has exhausted all rights to any unem- (1) the Secretary determines that— ployment insurance, except additional com- (A) the adversely affected worker— pensation that is funded by a State and is (i) has failed to begin participation in not reimbursed from any Federal funds, to the training program the enrollment in which the worker was entitled (or would be which meets the requirement of subsection entitled if the worker applied therefor); and (a)(5) of this section, or (C) does not have an unexpired waiting pe- (ii) has ceased to participate in such riod applicable to the worker for any such training program before completing such unemployment insurance. training program, and (4) Such worker, with respect to such week (B) there is no justifiable cause for such of unemployment, would not be disqualified failure or cessation, or for extended compensation payable under the (2) the certification made with respect to Federal-State Extended Unemployment Com- such worker under subsection (c)(1) of this sec- pensation Act of 1970 by reason of the work action is revoked under subsection (c)(2) of this ceptance and job search requirements in sec- section, tion 202(a)(3) of such Act. (5) Such worker— no trade readjustment allowance may be paid to (A)(i) is enrolled in a training program ap- the adversely affected worker under this divi- proved by the Secretary under section sion for the week in which such failure, ces- 2296(a) of this title, and sation, or revocation occurred, or any succeed- (ii) the enrollment required under clause ing week, until the adversely affected worker (i) occurs no later than the latest of— begins or resumes participation in a training (I) in the case of a worker whose most re- program approved under section 2296(a) of this cent total separation from adversely af- title. fected employment that meets the require- (c) Waivers of training requirements ments of paragraphs (1) and (2) occurs after (1) Issuance of waivers the date on which the Secretary issues a The Secretary may issue a written state- certification covering the worker, the last ment to an adversely affected worker waiving day of the 26th week after such total sepa- the requirement to be enrolled in training de- ration, scribed in subsection (a)(5)(A) of this section if (II) in the case of a worker whose most the Secretary determines that it is not fea- recent total separation from adversely af- sible or appropriate for the worker, because of fected employment that meets the require- 1 or more of the following reasons: ments of paragraphs (1) and (2) occurs before the date on which the Secretary issues (A) Health a certification covering the worker, the The worker is unable to participate in last day of the 26th week after the date of training due to the health of the worker, ex- such certification, cept that a waiver under this subparagraph (III) 45 days after the date specified in shall not be construed to exempt a worker subclause (I) or (II), as the case may be, if from requirements relating to the availabil- the Secretary determines there are ex- ity for work, active search for work, or re- tenuating circumstances that justify an fusal to accept work under Federal or State extension in the enrollment period, unemployment compensation laws. § 2291 TITLE 19—CUSTOMS DUTIES Page 538

(B) Enrollment unavailable REVERSION TO PROVISIONS IN EFFECT ON The first available enrollment date for the FEBRUARY 13, 2011 approved training of the worker is within 60 For reversion, beginning on Jan. 1, 2014, to days after the date of the determination provisions in effect on Feb. 13, 2011, with cer- made under this paragraph, or, if later, there tain exceptions and subject to section 233(b) of are extenuating circumstances for the delay Pub. L. 112–40, see Codification and Effective in enrollment, as determined pursuant to and Termination Dates of 2011 Revival notes guidelines issued by the Secretary. below. (C) Training not available REFERENCES IN TEXT Training approved by the Secretary is not The Federal-State Extended Unemployment Com- reasonably available to the worker from ei- pensation Act of 1970, referred to in subsec. (a)(4), is ther governmental agencies or private title II of Pub. L. 91–373, Aug. 10, 1970, 84 Stat. 708, sources (which may include area career and which is classified generally as a note under section 3304 of Title 26, Internal Revenue Code. Section 202(a)(3) technical education schools, as defined in of such Act, referred to in subsec. (a)(4), is set out in section 2302 of title 20, and employers), no the note under section 3304 of Title 26. For complete training that is suitable for the worker is classification of this Act to the Code, see Tables. available at a reasonable cost, or no training funds are available. CODIFICATION (2) Duration of waivers Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, (A) In general was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, Except as provided in paragraph (3)(B), a 2011, 125 Stat. 403, and the provisions of this section, as waiver issued under paragraph (1) shall be ef- amended by Pub. L. 111—5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, fective for not more than 6 months after the until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See date on which the waiver is issued, unless 2009 and 2011 Amendment notes, Effective and Termi- the Secretary determines otherwise. nation Dates of 2009 Amendment notes, and Effective (B) Revocation and Termination Dates of 2011 Revival note below. The Secretary shall revoke a waiver issued AMENDMENTS under paragraph (1) if the Secretary deter- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- mines that the basis of a waiver is no longer vived the provisions of this section, as in effect on Feb. applicable to the worker and shall notify the 12, 2011. See Codification note above and 2009 Amend- worker in writing of the revocation. ment and Effective and Termination Dates of 2011 Re- vival notes below. (3) Agreements under section 2311 Subsec. (c)(1). Pub. L. 112–40, §§ 212(a)(1), 233, tempo- (A) Issuance by cooperating States rarily redesignated subpars. (D) to (F) as (A) to (C), respectively, and temporarily struck out former subpars. An agreement under section 2311 of this (A) to (C) which provided reasons for waiver of training title shall authorize a cooperating State to requirement based on worker’s recall by the firm from issue waivers as described in paragraph (1). which the separation occurred, possession of market- (B) Review of waivers able skills, and entitlement to retire within 2 years. See Codification note above and Effective and Termi- An agreement under section 2311 of this nation Dates of 2011 Revival note below. title shall require a cooperating State to re- Subsec. (c)(3)(B). Pub. L. 112–40, §§ 212(a)(2), 233, tem- view each waiver issued by the State under porarily substituted ‘‘or (C)’’ for ‘‘(D), (E), or (F)’’ in in- subparagraph (A), (B), or (C) of paragraph troductory provisions. See Codification note above and (1)— Effective and Termination Dates of 2011 Revival note below. (i) 3 months after the date on which the 2009—Subsec. (a). Pub. L. 111–5, §§ 1821(c)(1)(A), 1893, State issues the waiver; and temporarily substituted ‘‘on or after the date of such (ii) on a monthly basis thereafter. certification’’ for ‘‘more than 60 days after the date on (C) Submission of statements which the petition that resulted in such certification was filed under section 2271 of this title’’ in introduc- An agreement under section 2311 of this tory provisions. See Codification note above and Effec- title shall include a requirement that the co- tive and Termination Dates of 2009 Amendment note operating State submit to the Secretary the below. written statements provided under para- Subsec. (a)(1). Pub. L. 111–5, §§ 1858(b)(1)(A), 1893, tem- graph (1) and a statement of the reasons for porarily substituted ‘‘the worker’s application’’ for the waiver. ‘‘his application’’ in introductory provisions. See Codi- fication note above and Effective and Termination (Pub. L. 93–618, title II, § 231, Jan. 3, 1975, 88 Stat. Dates of 2009 Amendment note below. 2020; Pub. L. 97–35, title XXV, § 2503, Aug. 13, Subsec. (a)(1)(A). Pub. L. 111–5, §§ 1858(b)(1)(B), 1893, 1981, 95 Stat. 881; Pub. L. 99–272, title XIII, temporarily substituted ‘‘the worker is covered’’ for ‘‘he is covered’’. See Codification note above and Effec- § 13003(a)(1), (2), (b), Apr. 7, 1986, 100 Stat. 300, 301; tive and Termination Dates of 2009 Amendment note Pub. L. 100–418, title I, § 1423(a)(1)–(3), Aug. 23, below. 1988, 102 Stat. 1244, 1245; Pub. L. 102–318, title I, Subsec. (a)(2). Pub. L. 111–5, §§ 1801(e)(3)(A), 1893, tem- § 106(a), July 3, 1992, 106 Stat. 294; Pub. L. 107–210, porarily struck out ‘‘or subdivision of a firm’’ after div. A, title I, §§ 114, 115, Aug. 6, 2002, 116 Stat. ‘‘single firm’’ in introductory provisions. See Codifica- 939; Pub. L. 109–270, § 2(b)(1), Aug. 12, 2006, 120 tion note above and Effective and Termination Dates of Stat. 746; Pub. L. 111–5, div. B, title I, 2009 Amendment note below. Subsec. (a)(2)(A). Pub. L. 111–5, §§ 1858(b)(2)(A), 1893, §§ 1801(e)(3), 1821(a)–(c)(1), 1858(b), Feb. 17, 2009, which directed the temporary substitution of a comma 123 Stat. 371, 375, 376, 395; Pub. L. 112–40, title II, for a period, could not be executed because a period did §§ 201(b), (c), 212(a), Oct. 21, 2011, 125 Stat. 403, not appear. See Codification note above and Effective 404.) and Termination Dates of 2009 Amendment note below. Page 539 TITLE 19—CUSTOMS DUTIES § 2291

Subsec. (a)(2)(C). Pub. L. 111–5, §§ 1801(e)(3)(B), 1893, and Effective and Termination Dates of 2009 Amend- temporarily struck out ‘‘or subdivision’’ after ‘‘such ment note below. firm’’. See Codification note above and Effective and Subsec. (c)(3)(B), (C). Pub. L. 111–5, §§ 1821(b)(3)(B), (C), Termination Dates of 2009 Amendment note below. 1893, temporarily added subpar. (B) and redesignated Subsec. (a)(2)(D). Pub. L. 111–5, §§ 1858(b)(2)(B), 1893, former subpar. (B) as (C). See Codification note above temporarily made technical amendment to reference in and Effective and Termination Dates of 2009 Amend- original act which appears in text as reference to sec- ment note below. tion 8521(a)(1) of title 5. See Codification note above 2006—Subsec. (c)(1)(F). Pub. L. 109–270 substituted and Effective and Termination Dates of 2009 Amend- ‘‘area career and technical education schools’’ for ‘‘area ment note below. vocational education schools’’ and made technical Subsec. (a)(3)(A). Pub. L. 111–5, §§ 1858(b)(3)(A), 1893, amendment to reference in original act which appears temporarily substituted ‘‘the worker’’ for ‘‘he’’. See in text as reference to section 2302 of title 20. Codification note above and Effective and Termination 2002—Subsec. (a)(3)(B). Pub. L. 107–210, § 114(a), in- Dates of 2009 Amendment note below. serted ‘‘, except additional compensation that is fund- Subsec. (a)(3)(B). Pub. L. 111–5, §§ 1858(b)(3)(A), 1893, ed by a State and is not reimbursed from any Federal temporarily substituted ‘‘the worker’’ for ‘‘he’’ in two funds,’’ after ‘‘any unemployment insurance’’. places. See Codification note above and Effective and Subsec. (a)(5)(A). Pub. L. 107–210, § 114(b), designated Termination Dates of 2009 Amendment note below. existing provisions as cl. (i) and added cl. (ii). Subsec. (a)(3)(C). Pub. L. 111–5, §§ 1858(b)(3)(B), 1893, Subsec. (a)(5)(C). Pub. L. 107–210, § 115(b), struck out temporarily substituted ‘‘the worker’’ for ‘‘him’’. See ‘‘certified’’ after ‘‘statement’’. Codification note above and Effective and Termination Subsec. (c). Pub. L. 107–210, § 115(a), inserted heading Dates of 2009 Amendment note below. and amended text generally, substituting provisions re- Subsec. (a)(5)(A)(ii)(I), (II). Pub. L. 111–5, §§ 1821(a)(1), lating to issuance and duration of waivers of training 1893, temporarily added subcls. (I) and (II) and struck requirements for provisions relating to approval of out former subcls. (I) and (II) which read as follows: training programs, written certifications, revocation, ‘‘(I) the last day of the 16th week after the worker’s and reports. most recent total separation from adversely affected 1992—Subsec. (a)(2). Pub. L. 102–318 added subpar. (D) employment which meets the requirements of para- and substituted ‘‘subparagraph (A) or (C), or both (and graphs (1) and (2), not more than 26 weeks, in the case of weeks described ‘‘(II) the last day of the 8th week after the week in in subparagraph (B) or (D))’’ for ‘‘paragraph (A) or (C), which the Secretary issues a certification covering the or both’’ in closing provisions. worker,’’. 1988—Subsec. (a)(5). Pub. L. 100–418, § 1423(a)(1), See Codification note above and Effective and Termi- amended par. (5) generally. Prior to amendment, par. nation Dates of 2009 Amendment note below. (5) read as follows: ‘‘Such worker, unless the Secretary Subsec. (a)(5)(A)(ii)(III). Pub. L. 111–5, §§ 1821(a)(2)(A), has determined that no acceptable job search program 1893, temporarily substituted ‘‘date specified in sub- is reasonably available— clause (I) or (II), as the case may be’’ for ‘‘later of the ‘‘(A) is enrolled in a job search program approved dates specified in subclause (I) or (II)’’. See Codification by the Secretary under section 2297(c) of this title, or note above and Effective and Termination Dates of 2009 ‘‘(B) has, after the date on which the worker be- Amendment note below. came totally separated, or partially separated, from Subsec. (a)(5)(A)(ii)(IV), (V). Pub. L. 111–5, the adversely affected employment, completed a job §§ 1821(a)(2)(B)–(4), 1893, temporarily added subcl. (IV) search program approved by the Secretary under sec- and redesignated former subcl. (IV) as (V). See Codi- tion 2297(c) of this title.’’ fication note above and Effective and Termination Subsec. (b). Pub. L. 100–418, § 1423(a)(2), amended sub- Dates of 2009 Amendment note below. sec. (b) generally, substituting provisions relating to Subsec. (b). Pub. L. 111–5, §§ 1821(c)(1)(B), 1893, tempo- withholding of trade readjustment allowance pending rarily struck out par. (1) designation before ‘‘If—’’, re- beginning or resumption of participation in training designated subpars. (A) and (B) of former par. (1) as program, and period of applicability, for provisions re- pars. (1) and (2), respectively, redesignated cls. (i) and lating to mandatory training or job-search. (ii) of former par. (1)(A) as subpars. (A) and (B), respec- Subsec. (c). Pub. L. 100–418, § 1423(a)(3), amended sub- tively, redesignated subcls. (I) and (II) of former par. sec. (c) generally, substituting provisions relating to (1)(A)(i) as cls. (i) and (ii), respectively, and struck out approval of training programs, written certifications, former par. (2) which read as follows: ‘‘The provisions revocation of certification, and annual report, for proof subsection (a)(5) of this section and paragraph (1) visions relating to withholding of trade readjustment shall not apply with respect to any week of unemploy- allowance pending beginning or resumption of partici- ment which begins— pation in job search program. ‘‘(A) after the date that is 60 days after the date on 1986—Subsec. (a)(2). Pub. L. 99–272, § 13003(b), sub- which the petition that results in the certification stituted provisions restricting to no more than 7 the that covers the worker is filed under section 2271 of number of weeks to be treated as weeks of employment this title, and under this sentence for provisions designated as clauses ‘‘(B) before the first week following the week in (i) to (iii), limiting the weeks that may be treated as which such certification is made under subpart A of weeks of employment to 3, 7, and 7, respectively, under this part.’’ certain conditions. See Codification note above and Effective and Termi- Subsec. (a)(5). Pub. L. 99–272, § 13003(a)(1), added par. nation Dates of 2009 Amendment note below. (5). Subsec. (c)(1)(B). Pub. L. 111–5, §§ 1821(b)(1), 1893, tem- Subsec. (c). Pub. L. 99–272, § 13003(a)(2), added subsec. porarily designated existing provisions as cl. (i), in- (c). serted heading, and added cl. (ii). See Codification note 1981—Pub. L. 97–35 designated existing provisions as above and Effective and Termination Dates of 2009 subsec. (a), substituted provisions respecting applica- Amendment note below. bility of date upon which petition was filed for provi- Subsec. (c)(2)(A). Pub. L. 111–5, §§ 1821(b)(2), 1893, tem- sions respecting applicability of date specified in cer- porarily substituted ‘‘Except as provided in paragraph tification under section 2273(a) of this title, substan- (3)(B), a waiver’’ for ‘‘A waiver’’. See Codification note tially revised and reorganized conditions by, among above and Effective and Termination Dates of 2009 other changes, adding pars. (3) and (4), and added sub- Amendment note below. sec. (b). Subsec. (c)(3)(A). Pub. L. 111–5, §§ 1821(b)(3)(A), 1893, EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL temporarily substituted ‘‘An agreement under section 2311 of this title shall authorize a’’ for ‘‘Pursuant to an For temporary revival and applicability of provisions agreement under section 2311 of this title, the Sec- as in effect on Feb. 12, 2011, see sections 201(b), (c) and retary may authorize a’’. See Codification note above 233 of Pub. L. 112–40, set out as notes preceding section § 2291 TITLE 19—CUSTOMS DUTIES Page 540

2271 of this title. For reversion, beginning on Jan. 1, EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION 2014, to provisions in effect on Feb. 13, 2011, with cer- PROVISIONS tain exceptions and subject to section 233(b) of Pub. L. Pub. L. 97–35, title XXV, § 2514, Aug. 13, 1981, 95 Stat. 112–40, see section 233 of Pub. L. 112–40, set out as a note 889, as amended by Pub. L. 97–362, title II, § 204, Oct. 24, preceding section 2271 of this title. 1982, 96 Stat. 1733, provided that: EFFECTIVE AND TERMINATION DATES OF 2009 ‘‘(a)(1) Except as provided in paragraph (2), this sub- AMENDMENT title [enacting section 2275 of this title, amending this section and sections 2272, 2274, 2292, 2293, 2296, 2297, 2298, Except as otherwise provided and subject to certain 2311, 2313, 2315, 2317, and 2319 of this title, repealing sec- applicability provisions, amendment by Pub. L. 111–5 tion 2318 of this title, enacting provisions set out as a effective upon the expiration of the 90-day period begin- note under section 2292 of this title, and amending pro- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, visions set out as a note preceding section 2271 of this set out as a note under section 2271 of this title. title and under section 3304 of Title 26, Internal Reve- Section 1893 of Pub. L. 111–5, which provided that, ex- nue Code] shall take effect on the date of the enact- cept as otherwise provided, amendment by Pub. L. 111–5 ment of this Act [Aug. 13, 1981]. not applicable on or after Feb. 13, 2011, and that this ‘‘(2)(A) The amendments made by section 2501 section be applied and administered beginning Feb. 13, [amending section 2272 of this title] shall apply with re- 2011, as if amendment by Pub. L. 111–5 had never been spect to all petitions for certification filed under sec- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), tion 221 of the Trade Act of 1974 [section 2271 of this Oct. 21, 2011, 125 Stat. 403. See Codification note above. title] on or after October 1, 1983. EFFECTIVE DATE OF 2002 AMENDMENT ‘‘(B) The amendments made by sections 2503, 2504, 2505, and 2511 [amending this section, sections 2292, 2293, Amendment by Pub. L. 107–210 applicable to petitions and 2319 of this title, and provisions set out as a note for certification filed under this part or part 3 of this under section 3304 of Title 26, Internal Revenue Code] subchapter on or after the date that is 90 days after shall apply with respect to trade readjustment allow- Aug. 6, 2002, except as otherwise provided, see section ances payable for weeks of unemployment which begin 151 of Pub. L. 107–210, set out as a note preceding sec- after September 30, 1981. tion 2271 of this title. ‘‘(C) The amendments made by sections 2506, 2507, and EFFECTIVE DATE OF 1992 AMENDMENT 2508 [amending sections 2296, 2297, and 2298 of this title] shall take effect with respect to determinations regard- Section 106(b) of Pub. L. 102–318 provided that: ‘‘The ing training and applications for allowances under sec- amendments made by subsection (a) [amending this tions 236, 237, and 238 of the Trade Act of 1974 [sections section] shall apply to weeks beginning after August 1, 2296, 2297, and 2298 of this title] that are made or filed 1990.’’ after September 30, 1981. ‘‘(D)(i) Except as otherwise provided in clause (ii), the EFFECTIVE DATE OF 1988 AMENDMENT provisions of sections 233(d) and 236(a)(2) of the Trade Amendment by Pub. L. 100–418 effective on date that Act of 1974 (as amended by this Act) [former subsec. (d), is 90 days after Aug. 23, 1988, see section 1430(f) of Pub. now (c), of section 2293 of this title and section L. 100–418, set out as an Effective Date note under sec- 2296(a)(2) of this title], and the provisions of section tion 2397 of this title. 204(a)(2)(C) of the Federal-State Extended Unemploy- ment Compensation Act of 1970 (as added by this Act) EFFECTIVE DATE OF 1986 AMENDMENT; APPLICATION OF [set out as a note under section 3304 of Title 26] shall GRAMM-RUDMAN apply to State unemployment compensation laws for Pub. L. 99–272, title XIII, § 13009, Apr. 7, 1986, 100 Stat. purposes of certifications under section 3304(c) of the 305, provided that: Internal Revenue Code of 1954 [section 3304(c) of Title ‘‘(a) IN GENERAL.—Except as provided in subsections 26] on October 31, of any taxable year after 1981. (b) and (c), the amendments made by this part [part 1 ‘‘(ii) In the case of any State the legislature of (§§ 13001–13009) of subtitle A, amending this section, sec- which— tions 2271, 2272, 2292, 2293, 2296, 2297, 2311, 2317, 2319, 2341 ‘‘(I) does not meet in a session which begins after to 2344, and 2346 of this title, and provisions set out as the date of the enactment of this Act [Aug. 13, 1981] a note preceding section 2271 of this title] shall take ef- and prior to September 1, 1982, and fect on the date of the enactment of this Act [Apr. 7, ‘‘(II) if in session on the date of the enactment of 1986]. this Act, does not remain in session for a period of at ‘‘(b) JOB SEARCH PROGRAM REQUIREMENTS.—The least 25 calendar days, amendments made by section 13003(a) [amending this the date ‘1981’ in clause (i) shall be deemed to be ‘1982’. section and section 2311 of this title] apply with respect ‘‘(b) An adversely affected worker who is receiving or to workers covered by petitions filed under section 221 is entitled to receive payments of trade readjustment of the Trade Act of 1974 [section 2271 of this title] on or allowances under chapter 2 of the Trade Act of 1974 after the date of the enactment of this Act [Apr. 7, [this part] for weeks of unemployment beginning before 1986]. October 1, 1981, shall be entitled to receive— ‘‘(c) EXTENSION AND AUTHORIZATION.—Chapters 2 and 3 ‘‘(1) with respect to weeks of unemployment begin- of title II of the Trade Act of 1974 (19 U.S.C. 2271, et ning before October 1, 1981, payments of trade read- seq.) [parts 2 and 3 of this subchapter] shall be applied justment allowances determined under such chapter 2 as if the amendments made by sections 13007 and 13008 without regard to the amendments made by this sub- [amending sections 2317 and 2346 of this title and provi- title; and sions set out as a note preceding section 2271 of this ‘‘(2) with respect to weeks of unemployment begin- title] had taken effect on December 18, 1985. ning after September 30, 1981, payments of trade read- ‘‘(d) APPLICATION OF GRAMM-RUDMAN.—Trade readjustment allowances as determined under such chap- justment allowances payable under part I [of sub- ter 2 as amended by this subtitle, except that the chapter B] of chapter 2 of title II of the Trade Act of maximum amount of trade readjustment allowances 1974 [19 U.S.C. 2291 et seq.] for the period from March 1, payable to such an individual for such weeks of un- 1986, and until October 1, 1986, shall be reduced by a per- employment shall be an amount equal to the product centage equal to the non-defense sequester percentage of the trade readjustment allowance payable to the applied in the Sequestration Report (submitted under individual for a week of total unemployment (as de- the Balanced Budget and Emergency Deficit Control termined under section 232(a) as so amended [section Act of 1985 [see Short Title note set out under section 2292(a) of this title]) multiplied by a factor deter- 900 of Title 2, The Congress] and dated January 21, 1986) mined by subtracting from fifty-two the sum of— of the Comptroller General of the United States for fis- ‘‘(A) the number of weeks preceding the first cal year 1986.’’ week which begins after September 30, 1981, and Page 541 TITLE 19—CUSTOMS DUTIES § 2292

which are within the period covered by the same (c) Deduction from total number of weeks of al- certification under such chapter 2 as such week of lowance entitlement unemployment, for which the individual was entitled to a trade readjustment allowance or unem- If a training allowance under any Federal law ployment insurance, or would have been entitled to other than this chapter is paid to an adversely such allowance or unemployment insurance if he affected worker for any week of unemployment had applied therefor, and with respect to which he would be entitled (de- ‘‘(B) the number of weeks preceding such first termined without regard to any disqualification week that are deductible under section 232(d) (as in under section 2291(b) of this title) to a trade re- effect before the amendments made by section 2504) adjustment allowance if he applied for such al- [section 2392(d) of this title]; except that the amount of trade readjustment allow- lowance, each such week shall be deducted from ances payable to an adversely affected worker under the total number of weeks of trade readjustment this paragraph shall be subject to adjustment on a allowance otherwise payable to him under sec- week-to-week basis as may be required by section tion 2293(a) of this title when he applies for a 232(b) [section 2392(b) of this title].’’ trade readjustment allowance and is determined

TERMINATION DATE to be entitled to such allowance. If such training allowance paid to such worker for any week of No trade adjustment assistance, vouchers, allow- unemployment is less than the amount of the ances, or other payments or benefits may be provided trade readjustment allowance to which he would under this section after Dec. 31, 2013, except as otherwise provided, see section 285 of Pub. L. 93–618, set out be entitled if he applied for such allowance, he as a note preceding section 2271 of this title. shall receive, when he applies for a trade readjustment allowance and is determined to be en- § 2292. Weekly amounts of readjustment allow- titled to such allowance, a trade readjustment ance allowance for such week equal to such dif- (a) Formula ference. (d) Election of trade readjustment allowance or Subject to subsections (b), (c), and (d), the unemployment insurance trade readjustment allowance payable to an adversely affected worker for a week of unemploy- Notwithstanding section 2291(a)(3)(B) of this ment shall be an amount equal to the most re- title, an adversely affected worker may elect to cent weekly benefit amount of the unemploy- receive a trade readjustment allowance instead ment insurance payable to the worker for a of unemployment insurance during any week week of total unemployment preceding the with respect to which the worker— worker’s first exhaustion of unemployment in- (1) is entitled to receive unemployment insurance (as determined for purposes of section surance as a result of the establishment by the 2291(a)(3)(B) of this title) reduced (but not below worker of a new benefit year under State law, zero) by— based in whole or in part upon part-time or (1) any training allowance deductible under short-term employment in which the worker subsection (c) of this section; and engaged after the worker’s most recent total (2) income that is deductible from unemploy- separation from adversely affected employment insurance under the disqualifying in- ment; and come provisions of the applicable State law or (2) is otherwise entitled to a trade readjust- Federal unemployment insurance law, except ment allowance. that in the case of an adversely affected work- (Pub. L. 93–618, title II, § 232, Jan. 3, 1975, 88 Stat. er who is participating in training under this 2021; Pub. L. 97–35, title XXV, § 2504(a), Aug. 13, part, such income shall not include earnings 1981, 95 Stat. 883; Pub. L. 99–272, title XIII, from work for such week that are equal to or § 13003(c), Apr. 7, 1986, 100 Stat. 301; Pub. L. less than the most recent weekly benefit 100–418, title I, § 1423(b), Aug. 23, 1988, 102 Stat. amount of the unemployment insurance pay- 1246; Pub. L. 111–5, div. B, title I, § 1822, Feb. 17, able to the worker for a week of total unem- 2009, 123 Stat. 377; Pub. L. 112–40, title II, § 201(b), ployment preceding the worker’s first exhaus- (c), Oct. 21, 2011, 125 Stat. 403.) tion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of REVERSION TO PROVISIONS IN EFFECT ON this title). FEBRUARY 13, 2011 (b) Adversely affected workers who are under- For reversion, beginning on Jan. 1, 2014, to going training provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Any adversely affected worker who is entitled Pub. L. 112–40, see Codification and Effective to trade readjustment allowances and who is un- and Termination Dates of 2011 Revival notes dergoing training approved by the Secretary below. shall receive for each week in which he is under- going any such training, a trade readjustment REFERENCES IN TEXT allowance in an amount (computed for such This chapter, referred to in subsec. (c), was in the week) equal to the amount computed under sub- original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, section (a) of this section or (if greater) the 1975, 88 Stat. 1978, which is classified principally to this amount of any weekly allowance for such train- chapter. For complete classification of this Act to the ing to which he would be entitled under any Code, see References in Text note set out under section 2101 of this title and Tables. other Federal law for the training of workers, if he applied for such allowance. Such trade read- CODIFICATION justment allowance shall be paid in lieu of any Section 1893 of Pub. L. 111–5, which provided for Feb. training allowance to which the worker would 13, 2011, termination of amendment by Pub. L. 111–5, be entitled under such other Federal law. was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, § 2293 TITLE 19—CUSTOMS DUTIES Page 542

2011, 125 Stat. 403, and the provisions of this section, as effective upon the expiration of the 90-day period begin- amended by Pub. L. 111–5 and as in effect on Feb. 12, ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, 2011, were temporarily revived, effective Oct. 21, 2011, set out as a note under section 2271 of this title. until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Section 1893 of Pub. L. 111–5, which provided that, ex- 2009 and 2011 Amendment notes, Effective and Termi- cept as otherwise provided, amendment by Pub. L. 111–5 nation Dates of 2009 Amendment notes, and Effective not applicable on or after Feb. 13, 2011, and that this and Termination Dates of 2011 Revival note below. section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been AMENDMENTS enacted, was repealed by Pub. L. 112–40, title II, § 201(a), 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- Oct. 21, 2011, 125 Stat. 403. See Codification note above. vived the provisions of this section, as in effect on Feb. EFFECTIVE DATE OF 1988 AMENDMENT 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- Amendment by section 1423(b)(1) effective Aug. 23, vival notes below. 1988, and amendment by section 1423(b)(2) of Pub. L. 2009—Subsec. (a). Pub. L. 111–5, §§ 1822(1)(A), (B), 1893, 100–418 effective on the date that is 90 days after Aug. temporarily substituted ‘‘unemployment shall’’ for 23, 1988, see section 1430(a), (f) of Pub. L. 100–418, set out ‘‘total unemployment shall’’ and ‘‘subsections (b), (c), as an Effective Date note under section 2397 of this and (d)’’ for ‘‘subsections (b) and (c)’’ in introductory title. provisions. See Codification note above and Effective EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION and Termination Dates of 2009 Amendment note below. PROVISIONS Subsec. (a)(2). Pub. L. 111–5, §§ 1822(1)(C), 1893, temporarily inserted ‘‘, except that in the case of an ad- Amendment by Pub. L. 97–35 applicable to allowances versely affected worker who is participating in training payable for weeks of unemployment which begin after under this part, such income shall not include earnings Sept. 30, 1981, with transition provisions applicable, see from work for such week that are equal to or less than section 2514 of Pub. L. 97–35, set out as a note under sec- the most recent weekly benefit amount of the unem- tion 2291 of this title. ployment insurance payable to the worker for a week TERMINATION DATE of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined No trade adjustment assistance, vouchers, allow- for purposes of section 2291(a)(3)(B) of this title)’’ before ances, or other payments or benefits may be provided period. See Codification note above and Effective and under this section after Dec. 31, 2013, except as other- Termination Dates of 2009 Amendment note below. wise provided, see section 285 of Pub. L. 93–618, set out Subsec. (d). Pub. L. 111–5, §§ 1822(2), 1893, temporarily as a note preceding section 2271 of this title. added subsec. (d). See Codification note above and Ef- REFERENCE TO SUBSEC. (d) DEEMED REFERENCE TO (c) fective and Termination Dates of 2009 Amendment note below. Pub. L. 97–35, title XXV, § 2504(b), Aug. 13, 1981, 95 1988—Subsec. (b). Pub. L. 100–418, § 1423(b)(1), struck Stat. 883, provided that: ‘‘Any reference in any law to out ‘‘, including on-the-job training,’’ after ‘‘approved subsection (d) of section 232 of the Trade Act of 1974 by the Secretary’’. [former subsec. (d) of this section] shall be considered Subsec. (c). Pub. L. 100–418, § 1423(b)(2), substituted a reference to subsection (c) thereof [subsec. (c) of this ‘‘under section 2291(b)’’ for ‘‘under section 2291(c) or section].’’ 2296(c)’’. 1986—Subsec. (c). Pub. L. 99–272 substituted ‘‘under § 2293. Limitations on trade readjustment allow- any Federal law other than this chapter’’ for ‘‘under ances any Federal law,’’, ‘‘section 2291(c) or 2296(c) of this title’’ for ‘‘section 2296(c) of this title’’, and ‘‘If such (a) Maximum allowance; deduction for unem- training allowance’’ for ‘‘If the training allowance’’. ployment insurance; additional payments for 1981—Subsec. (a). Pub. L. 97–35, § 2504(a)(1), sub- approved training periods stituted provisions setting forth amount of allowance (1) The maximum amount of trade readjust- as reduced (but not below zero) by training allowance ment allowances payable with respect to the pe- and income deductions for provisions setting forth amount of allowance as computed by specified percent- riod covered by any certification to an adversely ages of wages and reduced by paid remuneration. affected worker shall be the amount which is Subsecs. (c), (d). Pub. L. 97–35, § 2504(a)(2)–(4), redesig- the product of 52 multiplied by the trade read- nated subsec. (d) as (c) and struck out references to un- justment allowance payable to the worker for a employment insurance and to the inapplicability of week of total unemployment (as determined former subsecs. (c) and (e) of this section. Former sub- under section 2292(a) of this title), but such sec. (c), which related to the computation of unemploy- product shall be reduced by the total sum of the ment insurance, was struck out. Subsec. (e). Pub. L. 97–35, § 2504(a)(2), struck out sub- unemployment insurance to which the worker sec. (e) which related to maximum total for all remu- was entitled (or would have been entitled if he neration and allowances. had applied therefor) in the worker’s first bene- Subsec. (f). Pub. L. 97–35, § 2504(a)(2), struck out sub- fit period described in section 2291(a)(3)(A) of sec. (f) which authorized rounding off to whole dollar this title. amounts. (2) A trade readjustment allowance under EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL paragraph (1) shall not be paid for any week occurring after the close of the 104-week period For temporary revival and applicability of provisions that begins with the first week following the as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as notes preceding section week in which the adversely affected worker was 2271 of this title. For reversion, beginning on Jan. 1, most recently totally separated from adversely 2014, to provisions in effect on Feb. 13, 2011, with cer- affected employment— tain exceptions and subject to section 233(b) of Pub. L. (A) within the period which is described in 112–40, see section 233 of Pub. L. 112–40, set out as a note section 2291(a)(1) of this title, and preceding section 2271 of this title. (B) with respect to which the worker meets EFFECTIVE AND TERMINATION DATES OF 2009 the requirements of section 2291(a)(2) of this AMENDMENT title. Except as otherwise provided and subject to certain (3) Notwithstanding paragraph (1), in order to applicability provisions, amendment by Pub. L. 111–5 assist the adversely affected worker to complete Page 543 TITLE 19—CUSTOMS DUTIES § 2293 a training program approved for the worker follows the last week for which the worker is under section 2296 of this title, and in accord- otherwise entitled to a trade readjustment al- ance with regulations prescribed by the Sec- lowance under this part if— retary, payments may be made as trade read- (1) payment of the trade readjustment allow- justment allowances for up to 65 additional ance for not more than 13 weeks is necessary weeks in the 78-week period that— for the worker to complete the training; (A) follows the last week of entitlement to (2) the worker participates in training in trade readjustment allowances otherwise pay- each such week; and able under this part; or (3) the worker— (B) begins with the first week of such train- (A) has substantially met the performance ing, if such training begins after the last week benchmarks established as part of the train- described in subparagraph (A). ing approved for the worker; (B) is expected to continue to make Payments for such additional weeks may be progress toward the completion of the train- made only for weeks in such 78-week period during; and ing which the individual is participating in such (C) will complete the training during that training. period of eligibility. (b) Adjustments of amounts payable (g) Special rule for calculating separation Amounts payable to an adversely affected Notwithstanding any other provision of this worker under this division shall be subject to part, any period during which a judicial or ad- such adjustment on a week-to-week basis as ministrative appeal is pending with respect to may be required by section 2292(b) of this title. the denial by the Secretary of a petition under (c) Special adjustments for benefit years ending section 2273 of this title shall not be counted for with extended benefit periods purposes of calculating the period of separation Notwithstanding any other provision of this under subsection (a)(2). chapter or other Federal law, if the benefit year (h) Special rule for justifiable cause of a worker ends within an extended benefit pe- If the Secretary determines that there is jus- riod, the number of weeks of extended benefits tifiable cause, the Secretary may extend the pe- that such worker would, but for this subsection, riod during which trade readjustment allow- be entitled to in that extended benefit period ances are payable to an adversely affected work- shall be reduced (but not below zero) by the er under paragraphs (2) and (3) of subsection (a) number of weeks for which the worker was enti- (but not the maximum amounts of such allow- tled, during such benefit year, to trade readjust- ances that are payable under this section). ment allowances under this division. For pur- (i) Special rule with respect to military service poses of this paragraph, the terms ‘‘benefit year’’ and ‘‘extended benefit period’’ shall have (1) In general the same respective meanings given to them in Notwithstanding any other provision of this the Federal-State Extended Unemployment part, the Secretary may waive any require- Compensation Act of 1970. ment of this part that the Secretary deter- (d) Week during which worker received on-the- mines is necessary to ensure that an adversely job training affected worker who is a member of a reserve component of the Armed Forces and serves a No trade readjustment allowance shall be paid period of duty described in paragraph (2) is eli- to a worker under this division for any week gible to receive a trade readjustment allow- during which the worker is receiving on-the-job ance, training, and other benefits under this training. part in the same manner and to the same ex- (e) Workers treated as participating in training tent as if the worker had not served the period For purposes of this part, a worker shall be of duty. treated as participating in training during any (2) Period of duty described week which is part of a break in training that An adversely affected worker serves a period does not exceed 30 days if— of duty described in this paragraph if, before (1) the worker was participating in a train- completing training under section 2296 of this ing program approved under section 2296(a) of title, the worker— this title before the beginning of such break in (A) serves on active duty for a period of training, and more than 30 days under a call or order to (2) the break is provided under such training active duty of more than 30 days; or program. (B) in the case of a member of the Army (f) Payment of trade readjustment allowances to National Guard of the United States or Air complete training National Guard of the United States, performs full-time National Guard duty under Notwithstanding any other provision of this section 502(f) of title 32 for 30 consecutive section, in order to assist an adversely affected days or more when authorized by the Presi- worker to complete training approved for the dent or the Secretary of Defense for the pur- worker under section 2296 of this title that leads pose of responding to a national emergency to the completion of a degree or industry-recog- declared by the President and supported by nized credential, payments may be made as Federal funds. trade readjustment allowances for not more than 13 weeks within such period of eligibility (Pub. L. 93–618, title II, § 233, Jan. 3, 1975, 88 Stat. as the Secretary may prescribe to account for a 2022; Pub. L. 97–35, title XXV, § 2505(a), Aug. 13, break in training or for justifiable cause that 1981, 95 Stat. 883; Pub. L. 98–369, div. B, title VI, § 2293 TITLE 19—CUSTOMS DUTIES Page 544

§ 2671, July 18, 1984, 98 Stat. 1172; Pub. L. 99–272, the Secretary, payments may be made as trade read- title XIII, § 13003(d), Apr. 7, 1986, 100 Stat. 301; justment allowances for up to 26 additional weeks in Pub. L. 100–418, title I, §§ 1423(c), 1425(a), Aug. 23, the 26-week period that follows the last week of entitle- 1988, 102 Stat. 1246, 1250; Pub. L. 106–36, title I, ment to trade readjustment allowances otherwise payable under this part.’’ See Codification note above and § 1001(a)(1), June 25, 1999, 113 Stat. 130; Pub. L. Effective and Termination Dates of 2011 Revival note 107–210, div. A, title I, § 116, Aug. 6, 2002, 116 Stat. below. 941; Pub. L. 111–5, div. B, title I, §§ 1821(c)(2), 1823, 2009—Subsec. (a)(2). Pub. L. 111–5, §§ 1823(1), 1829(b)(1), 1824, 1829(b), Feb. 17, 2009, 123 Stat. 377, 378, 383; 1893, in introductory provisions, temporarily inserted Pub. L. 112–40, title II, §§ 201(b), (c), 213, Oct. 21, ‘‘under paragraph (1)’’ after ‘‘trade readjustment allow- 2011, 125 Stat. 403, 404.) ance’’ and ‘‘prerequisite education or’’ after ‘‘requires a program of’’. See Codification note above and Effective REVERSION TO PROVISIONS IN EFFECT ON and Termination Dates of 2009 Amendment note below. FEBRUARY 13, 2011 Subsec. (a)(3). Pub. L. 111–5, §§ 1823(2), 1893, in introductory provisions, temporarily substituted ‘‘a training For reversion, beginning on Jan. 1, 2014, to program approved for the worker’’ for ‘‘training ap- provisions in effect on Feb. 13, 2011, with cer- proved for him’’ and ‘‘78 additional weeks in the 91- tain exceptions and subject to section 233(b) of week’’ for ‘‘52 additional weeks in the 52-week’’, and, in Pub. L. 112–40, see Codification and Effective concluding provisions, temporarily substituted ‘‘91- and Termination Dates of 2011 Revival notes week’’ for ‘‘52-week’’. See Codification note above and below. Effective and Termination Dates of 2009 Amendment note below. REFERENCES IN TEXT Subsecs. (b) to (e). Pub. L. 111–5, §§ 1821(c)(2), 1893, This chapter, referred to in subsec. (c), was in the temporarily redesignated subsecs. (c) to (f) as (b) to (e), original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, respectively, and struck out former subsec. (b) which 1975, 88 Stat. 1978, which is classified principally to this read as follows: ‘‘A trade readjustment allowance may chapter. For complete classification of this Act to the not be paid for an additional week specified in sub- Code, see References in Text note set out under section section (a)(3) of this section if the adversely affected 2101 of this title and Tables. worker who would receive such allowance did not make The Federal-State Extended Unemployment Com- a bona fide application to a training program approved pensation Act of 1970, referred to in subsec. (c), is title by the Secretary under section 2296 of this title within II of Pub. L. 91–373, Aug. 10, 1970, 84 Stat. 708, which is 210 days after the date of the worker’s first certifi- classified generally as a note under section 3304 of Title cation of eligibility to apply for adjustment assistance 26, Internal Revenue Code. For complete classification issued by the Secretary, or, if later, within 210 days of this Act to the Code, see Tables. after the date of the worker’s total or partial separation referred to in section 2291(a)(1) of this title.’’ See CODIFICATION Codification note above and Effective and Termination Section 1893 of Pub. L. 111–5, which provided for Feb. Dates of 2009 Amendment note below. Subsec. (f). Pub. L. 111–5, §§ 1821(c)(2)(B), 1829(b)(2), 13, 2011, termination of amendment by Pub. L. 111–5, 1893, temporarily redesignated subsec. (g) as (f) and in- was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, serted ‘‘prerequisite education or’’ after ‘‘includes a 2011, 125 Stat. 403, and the provisions of this section, as program of’’. Former subsec. (f) temporarily redesig- amended by Pub. L. 111–5 and as in effect on Feb. 12, nated (e). See Codification note above and Effective and 2011, were temporarily revived, effective Oct. 21, 2011, Termination Dates of 2009 Amendment note below. until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Subsecs. (g) to (i). Pub. L. 111–5, §§ 1824, 1893, tempo- 2009 and 2011 Amendment notes, Effective and Termi- rarily added subsecs. (g) to (i). Former subsec. (g) tem- nation Dates of 2009 Amendment notes, and Effective porarily redesignated (f). See Codification note above and Termination Dates of 2011 Revival note below. and Effective and Termination Dates of 2009 Amend- AMENDMENTS ment note below. 2002—Subsec. (a)(2). Pub. L. 107–210, § 116(a)(1), in in- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- troductory provisions inserted ‘‘(or, in the case of an vived the provisions of this section, as in effect on Feb. adversely affected worker who requires a program of 12, 2011. See Codification note above and 2009 Amend- remedial education (as described in section 2296(a)(5)(D) ment and Effective and Termination Dates of 2011 Re- of this title) in order to complete training approved for vival notes below. the worker under section 2296 of this title, the 130-week Subsec. (a)(2). Pub. L. 112–40, §§ 213(1)(A), 233, tempo- period)’’ after ‘‘104-week period’’. rarily struck out ‘‘(or, in the case of an adversely af- Subsec. (a)(3). Pub. L. 107–210, § 116(a)(2), substituted fected worker who requires a program of prerequisite ‘‘52’’ for ‘‘26’’ wherever appearing. education or remedial education (as described in sec- Subsec. (f). Pub. L. 107–210, § 116(b), substituted ‘‘30 tion 2296(a)(5)(D) of this title) in order to complete days’’ for ‘‘14 days’’ in introductory provisions. training approved for the worker under section 2296 of Subsec. (g). Pub. L. 107–210, § 116(c), added subsec. (g). this title, the 130-week period)’’ after ‘‘104-week period’’ 1999—Subsec. (a)(2). Pub. L. 106–36 realigned margins in introductory provisions. See Codification note above of introductory provisions and subpars. (A) and (B). and Effective and Termination Dates of 2011 Revival 1988—Subsec. (a)(2). Pub. L. 100–418, § 1425(a), amended note below. par. (2) generally. Prior to amendment, par. (2) read as Subsec. (a)(3). Pub. L. 112–40, §§ 213(1)(B), 233, tempo- follows: ‘‘A trade readjustment allowance shall not be rarily substituted ‘‘65’’ for ‘‘78’’ in introductory provi- paid for any week after the 104-week period beginning sions and ‘‘78-week period’’ for ‘‘91-week period’’ in in- with the first week following the first week in the pe- troductory and concluding provisions. See Codification riod covered by the certification with respect to which note above and Effective and Termination Dates of 2011 the worker has exhausted (as determined for purposes Revival note below. of section 2291(a)(3)(B) of this title) all rights to that Subsec. (f). Pub. L. 112–40, §§ 213(2), 233, temporarily part of his unemployment insurance that is regular amended subsec. (f) generally. Prior to amendment, compensation.’’ text read as follows: ‘‘Notwithstanding any other provi- Subsec. (a)(3). Pub. L. 100–418, § 1423(c)(2), substituted sion of this section, in order to assist an adversely af- ‘‘participating in such training’’ for ‘‘engaged in such fected worker to complete training approved for the training and has not been determined under section worker under section 2296 of this title which includes a 2296(c) of this title to be failing to make satisfactory program of prerequisite education or remedial edu- progress in the training’’ in last sentence. cation (as described in section 2296(a)(5)(D) of this Subsec. (a)(3)(B). Pub. L. 100–418, § 1423(c)(1), subtitle), and in accordance with regulations prescribed by stituted ‘‘begins’’ for ‘‘is approved’’ after ‘‘training’’. Page 545 TITLE 19—CUSTOMS DUTIES § 2294

Subsec. (f). Pub. L. 100–418, § 1423(c)(3), added subsec. any total separation of a worker from adversely af- (f). fected employment (within the meaning of section 2319 1986—Subsec. (a)(2). Pub. L. 99–272, § 13003(d)(1), sub- of this title) that occurs before Aug. 23, 1988, if the ap- stituted ‘‘104-week period’’ for ‘‘52-week period’’. plication of such amendment with respect to such total Subsec. (e). Pub. L. 99–272, § 13003(d)(2), added subsec. separation would reduce the period for which such (e). worker would (but for such amendment) be allowed to 1984—Subsec. (a)(3). Pub. L. 98–369 substituted ‘‘Not- receive trade readjustment allowances under this divi- withstanding paragraph (1), in order to assist the ad- sion, see section 1430(a), (f), (g) of Pub. L. 100–418, set versely affected worker to complete training approved out as an Effective Date note under section 2397 of this for him under section 2296 of this title, and in accord- title. ance with regulations prescribed by the Secretary, pay- EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION ments may be made as trade readjustment allowances PROVISIONS for up to 26 additional weeks in the 26-week period that— Amendment by Pub. L. 97–35 applicable to allowances ‘‘(A) follows the last week of entitlement to trade payable for weeks of unemployment which begin after readjustment allowances otherwise payable under Sept. 30, 1981, with transition provisions applicable, and this part; or with the amendment of subsec. (d) of this section appli- ‘‘(B) begins with the first week of such training, if cable, except as otherwise provided, to laws for certifi- such training is approved after the last week de- cation purposes under section 3304(c) of title 26 on Oct. scribed in subparagraph (A).’’ 31, of any taxable year after 1981, see section 2514 of for ‘‘Notwithstanding paragraph (1), in accordance with Pub. L. 97–35, set out as a note under section 2291 of regulations prescribed by the Secretary, payments may this title. be made as trade readjustment allowances for up to 26 TERMINATION DATE additional weeks in the 26-week period following the last week of entitlement to trade readjustment allow- No trade adjustment assistance, vouchers, allowances otherwise payable under this part in order to as- ances, or other payments or benefits may be provided sist the adversely affected worker to complete training under this section after Dec. 31, 2013, except as other- approved for the worker under section 2296 of this wise provided, see section 285 of Pub. L. 93–618, set out title.’’ as a note preceding section 2271 of this title. 1981—Subsec. (a). Pub. L. 97–35 substituted provisions WAIVER OF CERTAIN TIME LIMITATIONS relating to maximum amount of allowance payable for provisions relating to time limitations on allowance Pub. L. 100–418, title I, § 1425(b), Aug. 23, 1988, 102 Stat. payable. 1250, provided that: Subsec. (b). Pub. L. 97–35 substituted provisions relat- ‘‘(1) The provisions of subsections (a)(2) and (b) of sec- ing to payment for an additional week for provisions tion 233 of the Trade Act of 1974 [19 U.S.C. 2293(a)(2), (b)] relating to payment for an additional week after the shall not apply with respect to any worker who became appropriate week and provisions determining the ap- totally separated from adversely affected employment propriate week. (within the meaning of section 247 of such Act [19 Subsecs. (c), (d). Pub. L. 97–35 added subsecs. (c) and U.S.C. 2319]) during the period that began on August 13, (d). 1981, and ended on April 7, 1986. ‘‘(2)(A) Any worker who is otherwise eligible for pay- EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL ment of a trade readjustment allowance under part I of For temporary revival and applicability of provisions subchapter B of chapter 2 of title II of the Trade Act of as in effect on Feb. 12, 2011, see sections 201(b), (c) and 1974 [19 U.S.C. 2291 et seq.] by reason of paragraph (1) of 233 of Pub. L. 112–40, set out as notes preceding section this subsection may receive payments of such allow- 2271 of this title. For reversion, beginning on Jan. 1, ance only if such worker— ‘‘(i) is enrolled in a training program approved by 2014, to provisions in effect on Feb. 13, 2011, with cer- the Secretary under section 236(a) of such Act [19 tain exceptions and subject to section 233(b) of Pub. L. U.S.C. 2296(a)], and 112–40, see section 233 of Pub. L. 112–40, set out as a note ‘‘(ii) has been unemployed continuously since the preceding section 2271 of this title. date on which the worker became totally separated EFFECTIVE AND TERMINATION DATES OF 2009 from the adversely affected employment, not taking AMENDMENT into account seasonal employment, odd jobs, or part- time, temporary employment. Except as otherwise provided and subject to certain ‘‘(B) If the Secretary of Labor determines that— applicability provisions, amendment by Pub. L. 111–5 ‘‘(i) a worker— effective upon the expiration of the 90-day period begin- ‘‘(I) has failed to begin participation in the train- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, ing program the enrollment in which meets the re- set out as a note under section 2271 of this title. quirement of subparagraph (A), or Section 1893 of Pub. L. 111–5, which provided that, ex- ‘‘(II) has ceased to participate in such training cept as otherwise provided, amendment by Pub. L. 111–5 program before completing such training program, not applicable on or after Feb. 13, 2011, and that this and section be applied and administered beginning Feb. 13, ‘‘(ii) there is no justifiable cause for such failure or 2011, as if amendment by Pub. L. 111–5 had never been cessation, enacted, was repealed by Pub. L. 112–40, title II, § 201(a), no trade readjustment allowance may be paid to the Oct. 21, 2011, 125 Stat. 403. See Codification note above. worker under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 for the week in which such EFFECTIVE DATE OF 2002 AMENDMENT failure or cessation occurred, or any succeeding week, Amendment by Pub. L. 107–210 applicable to petitions until the worker begins or resumes participation in a for certification filed under this part or part 3 of this training program approved under section 236(a) of such subchapter on or after the date that is 90 days after Act.’’ Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- § 2294. Application of State laws tion 2271 of this title. (a) In general EFFECTIVE DATE OF 1988 AMENDMENT Except where inconsistent with the provisions Amendment by section 1423(c)(2) of Pub. L. 100–418 ef- of this part and subject to such regulations as fective on date that is 90 days after Aug. 23, 1988, and the Secretary may prescribe, the availability amendment by section 1425(a) of Pub. L. 100–418 effec- and disqualification provisions of the State tive Aug. 23, 1988, but not applicable with respect to law— § 2295 TITLE 19—CUSTOMS DUTIES Page 546

(1) under which an adversely affected worker EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL is entitled to unemployment insurance For temporary revival and applicability of provisions (whether or not he has filed a claim for such as in effect on Feb. 12, 2011, see sections 201(b), (c) and insurance), or 233 of Pub. L. 112–40, set out as notes preceding section (2) if he is not so entitled to unemployment 2271 of this title. For reversion, beginning on Jan. 1, insurance, of the State in which he was totally 2014, to provisions in effect on Feb. 13, 2011, with cer- or partially separated, tain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note shall apply to any such worker who files a claim preceding section 2271 of this title. for trade readjustment allowances. The State law so determined with respect to a separation EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such Except as otherwise provided and subject to certain separation until such worker becomes entitled applicability provisions, amendment by Pub. L. 111–5 to unemployment insurance under another effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, State law (whether or not he has filed a claim set out as a note under section 2271 of this title. for such insurance). Section 1893 of Pub. L. 111–5, which provided that, ex- (b) Special rule on good cause for waiver of time cept as otherwise provided, amendment by Pub. L. 111–5 limits or late filing of claims not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, The Secretary shall establish procedures and 2011, as if amendment by Pub. L. 111–5 had never been criteria that allow for a waiver for good cause of enacted, was repealed by Pub. L. 112–40, title II, § 201(a), the time limitations with respect to an applica- Oct. 21, 2011, 125 Stat. 403. See Codification note above. tion for a trade readjustment allowance or enrollment in training under this part. TERMINATION DATE (Pub. L. 93–618, title II, § 234, Jan. 3, 1975, 88 Stat. No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided 2022; Pub. L. 111–5, div. B, title I, § 1825, Feb. 17, under this section after Dec. 31, 2013, except as other- 2009, 123 Stat. 378; Pub. L. 112–40, title II, wise provided, see section 285 of Pub. L. 93–618, set out §§ 201(b), (c), 212(b), Oct. 21, 2011, 125 Stat. 403, as a note preceding section 2271 of this title. 404.) Division II—Training, Other Employment REVERSION TO PROVISIONS IN EFFECT ON Services, and Allowances FEBRUARY 13, 2011 For reversion, beginning on Jan. 1, 2014, to § 2295. Employment and case management serv- provisions in effect on Feb. 13, 2011, with cer- ices tain exceptions and subject to section 233(b) of The Secretary shall make available, directly Pub. L. 112–40, see Codification and Effective or through agreements with States under sec- and Termination Dates of 2011 Revival notes tion 2311 of this title, to adversely affected below. workers and adversely affected incumbent work- CODIFICATION ers covered by a certification under subpart A of Section 1893 of Pub. L. 111–5, which provided for Feb. this part the following employment and case 13, 2011, termination of amendment by Pub. L. 111–5, management services: was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, (1) Comprehensive and specialized assess- 2011, 125 Stat. 403, and the provisions of this section, as ment of skill levels and service needs, includ- amended by Pub. L. 111—5 and as in effect on Feb. 12, ing through— 2011, were temporarily revived, effective Oct. 21, 2011, (A) diagnostic testing and use of other as- until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See sessment tools; and 2009 and 2011 Amendment notes, Effective and Termi- (B) in-depth interviewing and evaluation nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival note below. to identify employment barriers and appropriate employment goals. AMENDMENTS (2) Development of an individual employ- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- ment plan to identify employment goals and vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- objectives, and appropriate training to achieve ment and Effective and Termination Dates of 2011 Re- those goals and objectives. vival notes below. (3) Information on training available in local Subsec. (b). Pub. L. 112–40, §§ 212(b), 233, temporarily and regional areas, information on individual amended subsec. (b) generally. Prior to amendment, counseling to determine which training is text read as follows: ‘‘Any law, regulation, policy, or suitable training, and information on how to practice of a cooperating State that allows for a waiver apply for such training. for good cause of any time limitation relating to the administration of the State unemployment insurance (4) Information on how to apply for financial law shall, in the administration of the program under aid, including referring workers to educational this part by the State, apply to any time limitation opportunity centers described in section 402F with respect to an application for a trade readjustment of the Higher Education Act of 1965 (20 U.S.C. allowance or enrollment in training under this part.’’ 1070a–16), where applicable, and notifying See Codification note above and 2009 Amendment and workers that the workers may request finan- Effective and Termination Dates of 2011 Revival notes cial aid administrators at institutions of high- below. er education (as defined in section 102 of such 2009—Pub. L. 111–5, §§ 1825, 1893, temporarily designated existing provisions as subsec. (a), inserted Act (20 U.S.C. 1002)) to use the administrators’ heading, and added subsec. (b). See Codification note discretion under section 479A of such Act (20 above and Effective and Termination Dates of 2009 U.S.C. 1087tt) to use current year income data, Amendment note below. rather than preceding year income data, for Page 547 TITLE 19—CUSTOMS DUTIES § 2295a

determining the amount of need of the work- nation Dates of 2009 Amendment notes, and Effective ers for Federal financial assistance under title and Termination Dates of 2011 Revival note below. IV of such Act (20 U.S.C. 1070 et seq.) [and 42 AMENDMENTS U.S.C. 2751 et seq.]. (5) Short-term prevocational services, in- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. cluding development of learning skills, com- 12, 2011. See Codification note above and 2009 Amend- munications skills, interviewing skills, punc- ment and Effective and Termination Dates of 2011 Re- tuality, personal maintenance skills, and pro- vival notes below. fessional conduct to prepare individuals for 2009—Pub. L. 111–5, §§ 1826(a), 1893, temporarily employment or training. amended section generally. Prior to amendment, text (6) Individual career counseling, including read as follows: ‘‘The Secretary shall make every rea- job search and placement counseling, during sonable effort to secure for adversely affected workers the period in which the individual is receiving covered by a certification under subpart A of this part counseling, testing, and placement services, and sup- a trade adjustment allowance or training portive and other services, provided for under any other under this part, and after receiving such train- Federal law, including the services provided through ing for purposes of job placement. one-stop delivery systems described in section 2864(c) of (7) Provision of employment statistics infor- title 29. The Secretary shall, whenever appropriate, mation, including the provision of accurate in- procure such services through agreements with the formation relating to local, regional, and na- States.’’ See Codification note above and Effective and tional labor market areas, including— Termination Dates of 2009 Amendment note below. (A) job vacancy listings in such labor mar- 2002—Pub. L. 107–210 inserted ‘‘, including the services provided through one-stop delivery systems de- ket areas; scribed in section 2864(c) of title 29’’ before period at (B) information on jobs skills necessary to end of first sentence. obtain jobs identified in job vacancy listings 1988—Pub. L. 100–418 substituted ‘‘the States’’ for ‘‘co- described in subparagraph (A); operating State agencies’’. (C) information relating to local occupations that are in demand and earnings poten- EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL tial of such occupations; and For temporary revival and applicability of provisions (D) skills requirements for local occupa- as in effect on Feb. 12, 2011, see sections 201(b), (c) and tions described in subparagraph (C). 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, (8) Information relating to the availability 2014, to provisions in effect on Feb. 13, 2011, with cer- of supportive services, including services retain exceptions and subject to section 233(b) of Pub. L. lating to child care, transportation, dependent 112–40, see section 233 of Pub. L. 112–40, set out as a note care, housing assistance, and need-related pay- preceding section 2271 of this title. ments that are necessary to enable an individ- EFFECTIVE AND TERMINATION DATES OF 2009 ual to participate in training. AMENDMENT (Pub. L. 93–618, title II, § 235, Jan. 3, 1975, 88 Stat. Except as otherwise provided and subject to certain 2023; Pub. L. 100–418, title I, § 1424(d)(1)(A), Aug. applicability provisions, amendment by Pub. L. 111–5 23, 1988, 102 Stat. 1249; Pub. L. 107–210, div. A, effective upon the expiration of the 90-day period begin- title I, § 119, Aug. 6, 2002, 116 Stat. 942; Pub. L. ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. 111–5, div. B, title I, § 1826(a), Feb. 17, 2009, 123 Section 1893 of Pub. L. 111–5, which provided that, ex- Stat. 379; Pub. L. 112–40, title II, § 201(b), (c), Oct. cept as otherwise provided, amendment by Pub. L. 111–5 21, 2011, 125 Stat. 403.) not applicable on or after Feb. 13, 2011, and that this REVERSION TO PROVISIONS IN EFFECT ON section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been FEBRUARY 13, 2011 enacted, was repealed by Pub. L. 112–40, title II, § 201(a), For reversion, beginning on Jan. 1, 2014, to Oct. 21, 2011, 125 Stat. 403. See Codification note above. provisions in effect on Feb. 13, 2011, with cer- EFFECTIVE DATE OF 2002 AMENDMENT tain exceptions and subject to section 233(b) of Pub. L. 112–40, see Codification and Effective Amendment by Pub. L. 107–210 applicable to petitions and Termination Dates of 2011 Revival notes for certification filed under this part or part 3 of this below. subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section REFERENCES IN TEXT 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title. The Higher Education Act of 1965, referred to in par. (4), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV TERMINATION DATE of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education, and No trade adjustment assistance, vouchers, allow- part C (§ 2751 et seq.) of subchapter I of chapter 34 of ances, or other payments or benefits may be provided Title 42, The Public Health and Welfare. For complete under this section after Dec. 31, 2013, except as other- classification of this Act to the Code, see Short Title wise provided, see section 285 of Pub. L. 93–618, set out note set out under section 1001 of Title 20 and Tables. as a note preceding section 2271 of this title.

CODIFICATION § 2295a. Limitations on administrative expenses Section 1893 of Pub. L. 111–5, which provided for Feb. and employment and case management serv- 13, 2011, termination of amendment by Pub. L. 111–5, ices was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, Of the funds made available to a State to 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111—5 and as in effect on Feb. 12, carry out sections 2295 through 2298 of this title 2011, were temporarily revived, effective Oct. 21, 2011, for a fiscal year, the State shall use— until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See (1) not more than 10 percent for the adminis- 2009 and 2011 Amendment notes, Effective and Termi- tration of the trade adjustment assistance for § 2296 TITLE 19—CUSTOMS DUTIES Page 548

workers program under this part, including § 2296. Training for— (a) In general (A) processing waivers of training requirements under section 2291 of this title; (1) If the Secretary determines, with respect (B) collecting, validating, and reporting to an adversely affected worker or an adversely data required under this part; and affected incumbent worker, that— (C) providing reemployment trade adjust- (A) there is no suitable employment (which ment assistance under section 2318 of this may include technical and professional em- title; and ployment) available for an adversely affected worker, (2) not less than 5 percent for employment (B) the worker would benefit from appro- and case management services under section priate training, 2295 of this title. (C) there is a reasonable expectation of em- (Pub. L. 93–618, title II, § 235A, as added Pub. L. ployment following completion of such train- 111–5, div. B, title I, § 1827(a), Feb. 17, 2009, 123 ing, Stat. 380; as added and amended Pub. L. 112–40, (D) training approved by the Secretary is title II, §§ 201(b), (c), 214(b)(1), Oct. 21, 2011, 125 reasonably available to the worker from either Stat. 403, 405.) governmental agencies or private sources (which may include area career and technical TERMINATION OF SECTION education schools, as defined in section 2302 of For termination of section beginning on Jan. title 20, and employers) 1 1, 2014, with certain exceptions and subject to (E) the worker is qualified to undertake and section 233(b) of Pub. L. 112–40, see Codification complete such training, and and Effective and Termination Dates notes (F) such training is suitable for the worker below. and available at a reasonable cost,

CODIFICATION the Secretary shall approve such training for the worker. Upon such approval, the worker Section 1893 of Pub. L. 111–5, which provided for Feb. shall be entitled to have payment of the costs of 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and such training (subject to the limitations im- this section, as added by Pub. L. 111–5 and as in effect posed by this section) paid on the worker’s be- on Feb. 12, 2011, was temporarily revived, effective Oct. half by the Secretary directly or through a 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), voucher system. 233. See Effective and Termination Dates notes below. (2)(A) The total amount of funds available to AMENDMENTS carry out this section and sections 2295, 2297, and 2298 of this title shall not exceed— 2011—Pub. L. 112–40, §§ 214(b)(1), 233, temporarily sub- (i) $575,000,000 for each of fiscal years 2012 stituted ‘‘Limitations on’’ for ‘‘Funding for’’ in section and 2013; and catchline and temporarily substituted text for former (ii) $143,750,000 for the 3-month period begin- text consisting of subsecs. (a) and (b) which related to funding for administrative expenses and employment ning on October 1, 2013, and ending on Decem- and case management services. See Codification note ber 31, 2013. above and Effective and Termination Dates note below. (B)(i) The Secretary shall, as soon as prac- EFFECTIVE AND TERMINATION DATES ticable after the beginning of each fiscal year, make an initial distribution of the funds made For temporary revival and applicability of section, as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 available to carry out this section and sections of Pub. L. 112–40, set out as Effective and Termination 2295, 2297, and 2298 of this title, in accordance Dates of 2011 Revival notes preceding section 2271 of with the requirements of subparagraph (C). this title. For termination beginning on Jan. 1, 2014, (ii) The Secretary shall ensure that not less with certain exceptions and subject to section 233(b) of than 90 percent of the funds made available to Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out carry out this section and sections 2295, 2297, as an Effective and Termination Dates of 2011 Revival and 2298 of this title for a fiscal year are distrib- note preceding section 2271 of this title. uted to the States by not later than July 15 of Pub. L. 111–5, div. B, title I, § 1827(c), Feb. 17, 2009, 123 Stat. 381, provided that: ‘‘The amendments made by that fiscal year. this section [enacting this section] shall take effect on (C)(i) In making the initial distribution of the date of the enactment of this Act [Feb. 17, 2009].’’ funds pursuant to subparagraph (B)(i) for a fis- Except as otherwise provided and subject to certain cal year, the Secretary shall hold in reserve 35 applicability provisions, section effective upon the ex- percent of the funds made available to carry out piration of the 90-day period beginning on Feb. 17, 2009, this section and sections 2295, 2297, and 2298 of see section 1891 of Pub. L. 111–5, set out as an Effective this title for that fiscal year for additional dis- and Termination Dates of 2009 Amendment note under tributions during the remainder of the fiscal section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- year. cept as otherwise provided, section not applicable on or (ii) Subject to clause (iii), in determining how after Feb. 13, 2011, and that this section be applied and to apportion the initial distribution of funds administered beginning Feb. 13, 2011, as if this section pursuant to subparagraph (B)(i) in a fiscal year, had never been enacted, was repealed by Pub. L. 112–40, the Secretary shall take into account, with re- title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codifica- spect to each State— tion note above. (I) the trend in the number of workers cov- No trade adjustment assistance, vouchers, allow- ered by certifications of eligibility under this ances, or other payments or benefits may be provided part during the most recent 4 consecutive cal- under this section after Dec. 31, 2013, except as otherwise provided, see section 285 of Pub. L. 93–618, set out endar quarters for which data are available; as a Termination Date note preceding section 2271 of this title. 1 So in original. Probably should be followed by a comma. Page 549 TITLE 19—CUSTOMS DUTIES § 2296

(II) the trend in the number of workers par- (5) Except as provided in paragraph (10), the ticipating in training under this section dur- training programs that may be approved under ing the most recent 4 consecutive calendar paragraph (1) include, but are not limited to— quarters for which data are available; (A) employer-based training, including— (III) the number of workers estimated to be (i) on-the-job training, participating in training under this section (ii) customized training, and during the fiscal year; (iii) apprenticeship programs registered (IV) the amount of funding estimated to be under the Act of August 16, 1937 (commonly necessary to provide training approved under known as the ‘‘National Apprenticeship this section to such workers during the fiscal Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et year; and seq.), (V) such other factors as the Secretary con- (B) any training program provided by a siders appropriate to carry out this section State pursuant to title I of the Workforce In- and sections 2295, 2297, and 2298 of this title. vestment Act of 1998 [29 U.S.C. 2801 et seq.], (iii) In no case may the amount of the initial (C) any training program approved by a pri- distribution to a State pursuant to subpara- vate industry council established under sec- graph (B)(i) in a fiscal year be less than 25 per- tion 102 of such Act, cent of the initial distribution to the State in (D) any program of remedial education, the preceding fiscal year. (E) any program of prerequisite education or (D) The Secretary shall establish procedures coursework required to enroll in training that for the distribution of the funds that remain may be approved under this section, available for the fiscal year after the initial dis- (F) any training program (other than a tribution required under subparagraph (B)(i). training program described in paragraph (7)) Such procedures may include the distribution of for which all, or any portion, of the costs of funds pursuant to requests submitted by States training the worker are paid— in need of such funds. (i) under any Federal or State program (E) If, during a fiscal year, the Secretary esti- other than this chapter, or mates that the amount of funds necessary to (ii) from any source other than this sec- carry out this section and sections 2295, 2297, tion, and 2298 of this title will exceed the dollar (G) any other training program approved by amount limitation specified in subparagraph the Secretary, and (A), the Secretary shall decide how the amount (H) any training program or coursework at of funds made available to carry out this section an accredited institution of higher education and sections 2295, 2297, and 2298 of this title that (described in section 1002 of title 20), including have not been distributed at the time of the es- a training program or coursework for the pur- timate will be apportioned among the States for pose of— the remainder of the fiscal year. (i) obtaining a degree or certification; or (3) For purposes of applying paragraph (1)(C), a (ii) completing a degree or certification reasonable expectation of employment does not that the worker had previously begun at an require that employment opportunities for a accredited institution of higher education. worker be available, or offered, immediately upon the completion of training approved under The Secretary may not limit approval of a paragraph (1). training program under paragraph (1) to a pro- (4)(A) If the costs of training an adversely af- gram provided pursuant to title I of the Work- fected worker or an adversely affected incum- force Investment Act of 1998 (29 U.S.C. 2801 et bent worker are paid by the Secretary under seq.). paragraph (1), no other payment for such costs (6)(A) The Secretary is not required under may be made under any other provision of Fed- paragraph (1) to pay the costs of any training eral law. approved under paragraph (1) to the extent that (B) No payment may be made under paragraph such costs are paid— (1) of the costs of training an adversely affected (i) under any Federal or State program other worker or an adversely affected incumbent than this part, or worker if such costs— (ii) from any source other than this section. (i) have already been paid under any other (B) Before approving any training to which provision of Federal law, or subparagraph (A) may apply, the Secretary may (ii) are reimbursable under any other provi- require that the adversely affected worker or ad- sion of Federal law and a portion of such costs versely affected incumbent worker enter into an have already been paid under such other provi- agreement with the Secretary under which the sion of Federal law. Secretary will not be required to pay under this (C) The provisions of this paragraph shall not section the portion of the costs of such training apply to, or take into account, any funds pro- that the worker has reason to believe will be vided under any other provision of Federal law paid under the program, or by the source, de- which are used for any purpose other than the scribed in clause (i) or (ii) of subparagraph (A). direct payment of the costs incurred in training (7) The Secretary shall not approve a training a particular adversely affected worker or ad- program if— versely affected incumbent worker, even if such (A) all or a portion of the costs of such train- use has the effect of indirectly paying or reducing program are paid under any nongovern- ing any portion of the costs involved in training mental plan or program, the adversely affected worker or adversely af- (B) the adversely affected worker or ad- fected incumbent worker. versely affected incumbent worker has a right § 2296 TITLE 19—CUSTOMS DUTIES Page 550

to obtain training or funds for training under (c) On-the-job training requirements such plan or program, and (1) In general (C) such plan or program requires the worker to reimburse the plan or program from funds The Secretary may approve on-the-job train- provided under this part, or from wages paid ing for any adversely affected worker if— under such training program, for any portion (A) the worker meets the requirements for of the costs of such training program paid training to be approved under subsection under the plan or program. (a)(1); (B) the Secretary determines that on-the- (8) The Secretary may approve training for job training— any adversely affected worker who is a member (i) can reasonably be expected to lead to of a group certified under subpart A of this part suitable employment with the employer at any time after the date on which the group is offering the on-the-job training; certified under subpart A of this part, without (ii) is compatible with the skills of the regard to whether such worker has exhausted all worker; rights to any unemployment insurance to which (iii) includes a curriculum through the worker is entitled. (9)(A) Subject to subparagraph (B), the Sec- which the worker will gain the knowledge retary shall prescribe regulations which set or skills to become proficient in the job for forth the criteria under each of the subpara- which the worker is being trained; and graphs of paragraph (1) that will be used as the (iv) can be measured by benchmarks that basis for making determinations under para- indicate that the worker is gaining such graph (1). knowledge or skills; and (B)(i) In determining under paragraph (1)(E) (C) the State determines that the on-the- whether a worker is qualified to undertake and job training program meets the require- complete training, the Secretary may approve ments of clauses (iii) and (iv) of subpara- training for a period longer than the worker’s graph (B). period of eligibility for trade readjustment al- (2) Monthly payments lowances under division I if the worker demonstrates a financial ability to complete the The Secretary shall pay the costs of on-the- training after the expiration of the worker’s pe- job training approved under paragraph (1) in riod of eligibility for such trade readjustment monthly installments. allowances. (3) Contracts for on-the-job training (ii) In determining the reasonable cost of (A) In general training under paragraph (1)(F) with respect to a The Secretary shall ensure, in entering worker, the Secretary may consider whether into a contract with an employer to provide other public or private funds are reasonably on-the-job training to a worker under this available to the worker, except that the Sec- subsection, that the skill requirements of retary may not require a worker to obtain such the job for which the worker is being funds as a condition of approval of training under paragraph (1). trained, the academic and occupational skill (10) In the case of an adversely affected incum- level of the worker, and the work experience bent worker, the Secretary may not approve— of the worker are taken into consideration. (A) on-the-job training under paragraph (B) Term of contract (5)(A)(i); or Training under any such contract shall be (B) customized training under paragraph limited to the period of time required for the (5)(A)(ii), unless such training is for a position worker receiving on-the-job training to be- other than the worker’s adversely affected em- come proficient in the job for which the ployment. worker is being trained, but may not exceed (11) If the Secretary determines that an ad- 104 weeks in any case. versely affected incumbent worker for whom the (4) Exclusion of certain employers Secretary approved training under this section The Secretary shall not enter into a con- is no longer threatened with a total or partial separation, the Secretary shall terminate the tract for on-the-job training with an employer approval of such training. that exhibits a pattern of failing to provide workers receiving on-the-job training from the (b) Supplemental assistance employer with— The Secretary may, where appropriate, au- (A) continued, long-term employment as thorize supplemental assistance necessary to de- regular employees; and fray reasonable transportation and subsistence (B) wages, benefits, and working condi- expenses for separate maintenance when train- tions that are equivalent to the wages, bene- ing is provided in facilities which are not within fits, and working conditions provided to reg- commuting distance of a worker’s regular place ular employees who have worked a similar of residence. The Secretary may not authorize— period of time and are doing the same type (1) payments for subsistence that exceed of work as workers receiving on-the-job whichever is the lesser of (A) the actual per training from the employer. diem expenses for subsistence, or (B) payments at 50 percent of the prevailing per diem allow- (5) Labor standards ance rate authorized under the Federal travel The Secretary may pay the costs of on-the- regulations, or job training, notwithstanding any other provi- (2) payments for travel expenses exceeding sion of this section, only if— the prevailing mileage rate authorized under (A) no currently employed worker is dis- the Federal travel regulations. placed by such adversely affected worker (in- Page 551 TITLE 19—CUSTOMS DUTIES § 2296

cluding partial displacement such as a re- (2) because of the application to any such duction in the hours of nonovertime work, week in training of the provisions of State law wages, or employment benefits), or Federal unemployment insurance law relat- (B) such training does not impair existing ing to availability for work, active search for contracts for services or collective bargain- work, or refusal to accept work. ing agreements, (e) ‘‘Suitable employment’’ defined (C) in the case of training which would be For purposes of this section the term ‘‘suitable inconsistent with the terms of a collective employment’’ means, with respect to a worker, bargaining agreement, the written concur- work of a substantially equal or higher skill rence of the labor organization concerned level than the worker’s past adversely affected has been obtained, employment, and wages for such work at not (D) no other individual is on layoff from less than 80 percent of the worker’s average the same, or any substantially equivalent, weekly wage. job for which such adversely affected worker is being trained, (f) ‘‘Customized training’’ defined (E) the employer has not terminated the For purposes of this section, the term ‘‘cus- employment of any regular employee or tomized training’’ means training that is— otherwise reduced the workforce of the em- (1) designed to meet the special require- ployer with the intention of filling the va- ments of an employer or group of employers; cancy so created by hiring such adversely af- (2) conducted with a commitment by the em- fected worker, ployer or group of employers to employ an in- (F) the job for which such adversely af- dividual upon successful completion of the fected worker is being trained is not being training; and created in a promotional line that will in- (3) for which the employer pays for a signifi- fringe in any way upon the promotional op- cant portion (but in no case less than 50 per- portunities of currently employed individ- cent) of the cost of such training, as deter- uals, mined by the Secretary. (G) such training is not for the same occu- (g) Part-time training pation from which the worker was separated (1) In general and with respect to which such worker’s group was certified pursuant to section 2272 The Secretary may approve full-time or of this title, part-time training for a worker under sub- (H) the employer is provided reimburse- section (a). ment of not more than 50 percent of the (2) Limitation wage rate of the participant, for the cost of Notwithstanding paragraph (1), a worker providing the training and additional super- participating in part-time training approved vision related to the training, under subsection (a) may not receive a trade (I) the employer has not received payment readjustment allowance under section 2291 of under subsection (a)(1) of this section with this title. respect to any other on-the-job training pro- (Pub. L. 93–618, title II, § 236, Jan. 3, 1975, 88 Stat. vided by such employer which failed to meet 2023; Pub. L. 97–35, title XXV, § 2506(2), Aug. 13, the requirements of subparagraphs (A), (B), 1981, 95 Stat. 885; Pub. L. 99–272, title XIII, (C), (D), (E), and (F), and § 13004(a), Apr. 7, 1986, 100 Stat. 301; Pub. L. (J) the employer has not taken, at any 100–418, title I, § 1424(a)–(c), Aug. 23, 1988, 102 time, any action which violated the terms of Stat. 1248, 1249; Pub. L. 100–647, title IX, any certification described in subparagraph § 9001(a)(20), Nov. 10, 1988, 102 Stat. 3808; Pub. L. (H) made by such employer with respect to 103–66, title XIII, § 13803(b), Aug. 10, 1993, 107 any other on-the-job training provided by Stat. 668; Pub. L. 105–277, div. A, § 101(f) [title such employer for which the Secretary has VIII, § 405(d)(14)(A), (f)(11)(A)], Oct. 21, 1998, 112 made a payment under subsection (a)(1) of Stat. 2681–337, 2681–421, 2681–431; Pub. L. 107–210, this section. div. A, title I, §§ 117, 118, Aug. 6, 2002, 116 Stat. (d) Eligibility 941; Pub. L. 109–270, § 2(b)(2), Aug. 12, 2006, 120 An adversely affected worker may not be de- Stat. 746; Pub. L. 111–5, div. B, title I, termined to be ineligible or disqualified for un- §§ 1828(a)–(c), 1829(a), (c), 1830(a)(1), (b), 1831, 1832, employment insurance or program benefits Feb. 17, 2009, 123 Stat. 381–386; Pub. L. 111–344, under this subpart— title I, § 101(c)(1), Dec. 29, 2010, 124 Stat. 3613; (1) because the worker— Pub. L. 112–40, title II, §§ 201(b), (c), 214(a), (f), (A) is enrolled in training approved under Oct. 21, 2011, 125 Stat. 403, 405, 406.) subsection (a); REVERSION TO PROVISIONS IN EFFECT ON (B) left work— FEBRUARY 13, 2011 (i) that was not suitable employment in order to enroll in such training; or For reversion, beginning on Jan. 1, 2014, to (ii) that the worker engaged in on a tem- provisions in effect on Feb. 13, 2011, with cer- porary basis during a break in such train- tain exceptions and subject to section 233(b) of ing or a delay in the commencement of Pub. L. 112–40, see Codification and Effective such training; or and Termination Dates of 2011 Revival notes below. (C) left on-the-job training not later than 30 days after commencing such training be- REFERENCES IN TEXT cause the training did not meet the require- The Workforce Investment Act of 1998, referred to in ments of subsection (c)(1)(B); or subsec. (a)(5), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. § 2296 TITLE 19—CUSTOMS DUTIES Page 552

936. Title I of the Act is classified principally to chap- ‘‘available to carry out this section’’. See Codification ter 30 (§ 2801 et seq.) of Title 29, Labor. For complete note above and Effective and Termination Dates of 2011 classification of this Act to the Code, see Short Title Revival note below. note set out under section 9201 of Title 20, Education, Subsec. (b). Pub. L. 112–40, §§ 214(f)(1), 233, which di- and Tables. rected temporary substitution of ‘‘appropriate’’ for The Act of August 16, 1937, referred to in subsec. ‘‘approppriate’’ in the first sentence, could not be exe- (a)(5)(A)(iii), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, cuted because ‘‘approppriate’’ did not appear. See Codi- popularly known as the National Apprenticeship Act, fication note above and Effective and Termination which is classified generally to chapter 4C (§ 50 et seq.) Dates of 2011 Revival note below. of Title 29, Labor. For complete classification of this Subsecs. (g), (h). Pub. L. 112–40, §§ 214(f)(2), 233, tempo- Act to the Code, see Short Title note set out under sec- rarily redesignated subsec. (h) as (g) and temporarily tion 50 of Title 29 and Tables. struck out former subsec. (g). Prior to amendment, text Section 102 of such Act, referred to in subsec. of subsec. (g) read as follows: (a)(5)(C), meaning section 102 of the Job Training Part- ‘‘(1) IN GENERAL.—Not later than 1 year after Feb- nership Act, was classified to section 1512 of Title 29, ruary 17, 2009, the Secretary shall issue such regula- Labor, and was repealed by Pub. L. 105–220, title I, tions as may be necessary to carry out the provisions § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective of subsection (a)(2). July 1, 2000. Pursuant to section 2940(b) of Title 29, ref- ‘‘(2) CONSULTATIONS.—The Secretary shall consult erences to a provision of the Job Training Partnership with the Committee on Finance of the Senate and the Act, effective Aug. 7, 1998, are deemed to refer to that Committee on Ways and Means of the House of Rep- provision or the corresponding provision of the Work- resentatives not less than 90 days before issuing any force Investment Act of 1998, Pub. L. 105–220, Aug. 7, regulation pursuant to paragraph (1).’’ 1998, 112 Stat. 936, and effective July 1, 2000, are deemed See Codification note above and Effective and Termi- to refer to the corresponding provision of the Work- nation Dates of 2011 Revival note below. force Investment Act of 1998. For complete classifica- 2010—Subsec. (a)(2)(A). Pub. L. 111–344 amended sub- tion of the Workforce Investment Act of 1998 to the par. (A) generally. Prior to amendment, subpar. (A) Code, see Short Title note set out under section 9201 of read as follows: ‘‘The total amount of payments that Title 20, Education, and Tables. may be made under paragraph (1) shall not exceed— ‘‘(i) for each of the fiscal years 2009 and 2010, CODIFICATION $575,000,000; and Section 1893 of Pub. L. 111–5, which provided for Feb. ‘‘(ii) for the period beginning October 1, 2010, and 13, 2011, termination of amendment by Pub. L. 111–5, ending December 31, 2010, $143,750,000.’’ was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, See Codification note above. 2011, 125 Stat. 403, and the provisions of this section, as 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1831(b), 1893, in amended by Pub. L. 111–5 and Pub. L. 111–344 and as in concluding provisions, temporarily struck out last sen- effect on Feb. 12, 2011, were temporarily revived, effec- tence which read as follows: ‘‘Insofar as possible, the tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, Secretary shall provide or assure the provision of such §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment training on the job, which shall include related edu- notes, Effective and Termination Dates of 2009 Amend- cation necessary for the acquisition of skills needed for ment notes, Effective Date of 2010 Amendment note, a position within a particular occupation.’’ See Codi- and Effective and Termination Dates of 2011 Revival fication note above and Effective and Termination note below. Dates of 2009 Amendment note below. Pub. L. 111–5, §§ 1830(a)(1)(A), 1893, temporarily in- AMENDMENTS serted ‘‘, with respect to an adversely affected worker 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- or an adversely affected incumbent worker,’’ after ‘‘de- vived the provisions of this section, as in effect on Feb. termines’’ in introductory provisions. See Codification 12, 2011. See Codification note above and 2009 and 2010 note above and Effective and Termination Dates of 2009 Amendment and Effective and Termination Dates of Amendment note below. 2011 Revival notes below. Pub. L. 111–5, §§ 1829(c)(1)(A), 1893, temporarily sub- Subsec. (a)(2)(A). Pub. L. 112–40, §§ 214(a)(2), 233, tem- stituted ‘‘the worker’s behalf’’ for ‘‘his behalf’’ in con- porarily substituted ‘‘of funds available to carry out cluding provisions. See Codification note above and Ef- this section and sections 2295, 2297, and 2298 of this fective and Termination Dates of 2009 Amendment note title’’ for ‘‘of payments that may be made under para- below. graph (1)’’ in introductory provisions, added cls. (i) and Subsec. (a)(2). Pub. L. 111–5, §§ 1828(a), 1893, tempo- (ii), and struck out former cls. (i) and (ii) which read as rarily amended par. (2) generally. Prior to amendment, follows: par. (2) read as follows: ‘‘(i) $575,000,000 for fiscal year 2010; and ‘‘(A) The total amount of payments that may be ‘‘(ii) $66,500,000 for the 6-week period beginning Janu- made under paragraph (1) for any fiscal year shall not ary 1, 2011, and ending February 12, 2011.’’ exceed $220,000,000. See Codification note above and Effective and Termi- ‘‘(B) If, during any fiscal year, the Secretary esti- nation Dates of 2011 Revival note below. mates that the amount of funds necessary to pay the Subsec. (a)(2)(B)(i), (ii), (C)(i). Pub. L. 112–40, costs of training approved under this section will ex- §§ 214(a)(1), 233, temporarily inserted ‘‘and sections 2295, ceed the amount of the limitation imposed under sub- 2297, and 2298 of this title’’ after ‘‘to carry out this sec- paragraph (A), the Secretary shall decide how the portion’’. See Codification note above and Effective and tion of such limitation that has not been expended at Termination Dates of 2011 Revival note below. the time of such estimate is to be apportioned among Subsec. (a)(2)(C)(ii)(V). Pub. L. 112–40, §§ 214(a)(3), 233, the States for the remainder of such fiscal year.’’ temporarily substituted ‘‘to carry out this section and See Codification note above and Effective and Termi- sections 2295, 2297, and 2298 of this title’’ for ‘‘relating nation Dates of 2009 Amendment note below. to the provision of training under this section’’. See Subsec. (a)(3). Pub. L. 111–5, §§ 1829(c)(1)(B), 1893, tem- Codification note above and Effective and Termination porarily substituted ‘‘paragraph (1)’’ for ‘‘this para- Dates of 2011 Revival note below. graph (1)’’. See Codification note above and Effective Subsec. (a)(2)(E). Pub. L. 112–40, §§ 214(a)(4), 233, tem- and Termination Dates of 2009 Amendment note below. porarily substituted ‘‘necessary to carry out this sec- Subsec. (a)(4)(A), (B). Pub. L. 111–5, §§ 1830(a)(1)(B)(i), tion and sections 2295, 2297, and 2298 of this title’’ for 1893, temporarily inserted ‘‘or an adversely affected in- ‘‘necessary to pay the costs of training approved under cumbent worker’’ after ‘‘an adversely affected worker’’. this section’’. See Codification note above and Effective See Codification note above and Effective and Termi- and Termination Dates of 2011 Revival note below. nation Dates of 2009 Amendment note below. Pub. L. 112–40, §§ 214(a)(1), 233, temporarily inserted Subsec. (a)(4)(C). Pub. L. 111–5, §§ 1830(a)(1)(B)(ii), 1893, ‘‘and sections 2295, 2297, and 2298 of this title’’ after temporarily inserted ‘‘or adversely affected incumbent Page 553 TITLE 19—CUSTOMS DUTIES § 2296 worker’’ after ‘‘adversely affected worker’’ in two education schools, as defined in section 195(2) of the Vo- places. See Codification note above and Effective and cational Education Act of 1963’’. Termination Dates of 2009 Amendment note below. 2002—Subsec. (a)(2)(A). Pub. L. 107–210, § 117, sub- Subsec. (a)(5). Pub. L. 111–5, §§ 1830(a)(1)(C), 1893, tem- stituted ‘‘$220,000,000’’ for ‘‘$80,000,000, except that for porarily substituted ‘‘Except as provided in paragraph fiscal year 1997, the total amount of payments made (10), the training programs’’ for ‘‘The training pro- under paragraph (1) shall not exceed $70,000,000’’. grams’’ in introductory provisions. See Codification Subsec. (a)(5)(A). Pub. L. 107–210, § 118(a), amended note above and Effective and Termination Dates of 2009 subpar. (A) generally. Prior to amendment, subpar. (A) Amendment note below. read as follows: ‘‘on-the-job training,’’. Subsec. (a)(5)(A)(iii). Pub. L. 111–5, §§ 1829(a)(1), 1893, Subsec. (c)(8). Pub. L. 107–210, § 118(b), amended par. temporarily added cl. (iii). See Codification note above (8) generally. Prior to amendment, par. (8) read as fol- and Effective and Termination Dates of 2009 Amend- lows: ‘‘the employer certifies to the Secretary that the ment note below. employer will continue to employ such worker for at Subsec. (a)(5)(E) to (H). Pub. L. 111–5, §§ 1829(a)(2)–(6), least 26 weeks after completion of such training if the 1893, temporarily added subpars. (E) and (H) and redes- worker desires to continue such employment and the ignated former subpars. (E) and (F) as (F) and (G), re- employer does not have due cause to terminate such spectively. See Codification note above and Effective employment,’’. and Termination Dates of 2009 Amendment note below. Subsec. (f). Pub. L. 107–210, § 118(c), added subsec. (f). Subsec. (a)(6)(B), (7)(B). Pub. L. 111–5, §§ 1830(a)(1)(D), 1998—Subsec. (a)(5)(B). Pub. L. 105–277, § 101(f) [title (E), 1893, temporarily inserted ‘‘or adversely affected VIII, § 405(f)(11)(A)], struck out ‘‘section 1653 of title 29 incumbent worker’’ after ‘‘adversely affected worker’’. or’’ before ‘‘title I of’’. See Codification note above and Effective and Termi- Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(14)(A)], sub- nation Dates of 2009 Amendment note below. stituted ‘‘section 1653 of title 29 or title I of the Work- Subsec. (a)(9). Pub. L. 111–5, §§ 1828(b), 1893, tempo- force Investment Act of 1998’’ for ‘‘section 1653 of title rarily designated existing provisions as subpar. (A), 29’’. substituted ‘‘Subject to subparagraph (B), the Sec- 1993—Subsec. (a)(2)(A). Pub. L. 103–66 inserted before retary’’ for ‘‘The Secretary’’, and added subpar. (B). See period at end ‘‘, except that for fiscal year 1997, the Codification note above and Effective and Termination total amount of payments made under paragraph (1) Dates of 2009 Amendment note below. shall not exceed $70,000,000’’. Subsec. (a)(10), (11). Pub. L. 111–5, §§ 1830(a)(1)(F), 1893, 1988—Subsec. (a)(1). Pub. L. 100–418, § 1424(a)(5)–(7), temporarily added pars. (10) and (11). See Codification struck out ‘‘(to the extent appropriated funds are avail- note above and Effective and Termination Dates of 2009 able)’’ after ‘‘the Secretary shall’’ in first sentence, and Amendment note below. in second sentence inserted ‘‘(subject to the limitations Subsec. (b)(2). Pub. L. 111–5, §§ 1829(c)(2), 1893, which imposed by this section)’’ after ‘‘costs of such training’’ directed the temporary substitution of a period for and ‘‘directly or through a voucher system’’ after ‘‘by ‘‘, and’’, could not be executed because ‘‘, and’’ did not the Secretary’’. appear. See Codification note above and Effective and Subsec. (a)(1)(D). Pub. L. 100–418, § 1424(a)(1), sub- Termination Dates of 2009 Amendment note below. stituted ‘‘is reasonably available’’ for ‘‘is available’’. Subsec. (c). Pub. L. 111–5, §§ 1831(a), 1893, temporarily Subsec. (a)(1)(F). Pub. L. 100–418, § 1424(a)(2)–(4), added inserted subsec. heading, added pars. (1) to (4), redesig- subpar. (F). nated existing provisions as par. (5), and in par. (5), Subsec. (a)(2). Pub. L. 100–418, § 1424(a)(11), (12), added temporarily inserted par. heading, substituted ‘‘The par. (2) and redesignated former par. (2) as (3). Secretary may pay the costs of on-the-job training,’’ Subsec. (a)(2)(A). Pub. L. 100–418, § 1424(b), directed for ‘‘The Secretary shall pay the costs of any on-the- the amendment of subpar. (A) by substituting job training of an adversely affected worker that is ap- ‘‘$120,000,000’’ for ‘‘$80,000,000’’, which amendment did proved under subsection (a)(1) of this section in equal not become effective pursuant to section 1430(d) of Pub. monthly installments, but the Secretary may pay such L. 100–418, as amended, set out as an Effective Date costs,’’, redesignated former pars. (1) to (10) as subpars. note under section 2397 of this title. Subsec. (a)(3), (4). Pub. L. 100–418, § 1424(a)(11), redesig- (A) to (J), respectively, in subpar. (I) substituted ‘‘sub- nated pars. (2) and (3) as (3) and (4), respectively. paragraphs (A), (B), (C), (D), (E), and (F)’’ for ‘‘para- Former par. (4) redesignated (5). graphs (1), (2), (3), (4), (5), and (6)’’, and in subpar. (J) Subsec. (a)(5). Pub. L. 100–418, § 1424(a)(8)–(11), redesig- substituted ‘‘subparagraph (H)’’ for ‘‘paragraph (8)’’. nated former par. (4) as (5), added subpars. (D) and (E), See Codification note above and Effective and Termi- and redesignated former subpar. (D) as (F). nation Dates of 2009 Amendment note below. Subsec. (a)(6). Pub. L. 100–418, § 1424(a)(13), added par. Subsec. (d). Pub. L. 111–5, §§ 1832, 1893, temporarily (6). amended subsec. (d) generally. Prior to amendment, Subsec. (a)(6)(B). Pub. L. 100–647 substituted ‘‘in text read as follows: ‘‘A worker may not be determined clause (i) or (ii) of subparagraph (A)’’ for ‘‘in subpara- to be ineligible or disqualified for unemployment insur- graph (A) or (B) of paragraph (1)’’. ance or program benefits under this subpart because Subsec. (a)(7) to (9). Pub. L. 100–418, § 1424(a)(13), added the individual is in training approved under subsection pars. (7) to (9). (a) of this section, because of leaving work which is not Subsec. (c). Pub. L. 100–418, § 1424(c)(1), substituted suitable employment to enter such training, or because present introductory provisions for ‘‘Notwithstanding of the application to any such week in training of pro- any provision of subsection (a)(1) of this section, the visions of State law or Federal unemployment insur- Secretary may pay the costs of on-the-job training of ance law relating to availability for work, active an adversely affected worker under subsection (a)(1) of search for work, or refusal to accept work. The Sec- this section only if—’’. retary shall submit to the Congress a quarterly report Pub. L. 100–418, § 1424(c)(2), (3), redesignated subsec. regarding the amount of funds expended during the (d) as (c), and struck out former subsec. (c) which relat- quarter concerned to provide training under subsection ed to refusal to accept or continue training, or failure (a) of this section and the anticipated demand for such to make satisfactory progress. funds for any remaining quarters in the fiscal year con- Subsecs. (d) to (f). Pub. L. 100–418, § 1424(c)(3), redesig- cerned.’’ See Codification note above and Effective and nated subsecs. (e) and (f) as (d) and (e), respectively. Termination Dates of 2009 Amendment note below. Former subsec. (d) redesignated (c). Subsecs. (g), (h). Pub. L. 111–5, §§ 1828(c), 1830(b), 1893, 1986—Subsec. (a)(1). Pub. L. 99–272, § 13004(a)(2), sub- temporarily added subsecs. (g) and (h). See Codification stituted ‘‘shall (to the extent appropriated funds are note above and Effective and Termination Dates of 2009 available) approve’’ for ‘‘may approve’’ in first sen- Amendment note below. tence. 2006—Subsec. (a)(1)(D). Pub. L. 109–270 substituted Subsec. (a)(1)(A). Pub. L. 99–272, § 13004(a)(1), sub- ‘‘area career and technical education schools, as de- stituted ‘‘for an adversely affected worker’’ for ‘‘for a fined in section 2302 of title 20’’ for ‘‘area vocational worker’’. § 2297 TITLE 19—CUSTOMS DUTIES Page 554

Subsec. (a)(2). Pub. L. 99–272, § 13004(a)(6), added par. EFFECTIVE DATE OF 1998 AMENDMENT (2). Former par. (2) redesignated subsec. (e). Amendment by section 101(f) [title VIII, Pub. L. 99–272, § 13004(a)(3), which directed substi- § 405(d)(14)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, tution of ‘‘under subsection (a)’’ for ‘‘under paragraph and amendment by section 101(f) [title VIII, (1)’’, was executed by making the substitution for § 405(f)(11)(A)] of Pub. L. 105–277 effective July 1, 2000, ‘‘under paragraph (1)’’ in both places it appeared, to re- see section 101(f) [title VIII, § 405(g)(1), (2)(B)], set out as flect the probable intent of Congress. a note under section 3502 of Title 5, Government Orga- Subsec. (a)(3). Pub. L. 99–272, § 13004(a)(6), added par. nization and Employees. (3). Former par. (3) redesignated subsec. (f). Pub. L. 99–272, § 13004(a)(4), substituted ‘‘this section’’ EFFECTIVE DATE OF 1988 AMENDMENTS for ‘‘this subsection’’. Amendment by Pub. L. 100–647 applicable as if such Subsec. (a)(4). Pub. L. 99–272, § 13004(a)(6), added par. amendment took effect on Aug. 23, 1988, see section (4). 9001(b) of Pub. L. 100–647, set out as an Effective and Subsec. (d). Pub. L. 99–272, § 13004(a)(7), added subsec. Termination Dates of 1988 Amendments note under sec- (d). tion 58c of this title. Subsecs. (e), (f). Pub. L. 99–272, § 13004(a)(5), redesig- Amendment by section 1424(c)(2), (3) of Pub. L. 100–418 nated pars. (2) and (3) of subsec. (a) as subsecs. (e) and effective on date that is 90 days after Aug. 23, 1988, see (f), respectively. section 1430(f) of Pub. L. 100–418, set out as an Effective 1981—Subsec. (a). Pub. L. 97–35 redesignated existing Date note under section 2397 of this title. provisions as par. (1), revised provisions, made changes in nomenclature, inserted provisions respecting avail- EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION ability, payment, and scope of training, and added pars. PROVISIONS (2) and (3). Amendment by Pub. L. 97–35 effective for determina- Subsec. (b). Pub. L. 97–35 substituted provisions limit- tions made or filed after Sept. 30, 1981, with transition ing the maximum amount of travel expenses on the provisions applicable, and with the amendment of sub- basis of amounts paid under Federal travel regulations sec. (a)(2) of this section applicable, except as otherwise for provisions establishing specific maximum amounts provided, to laws for certification purposes under sec- for subsistence and transportation expenses. tion 3304 of title 26 on Oct. 31, of any taxable year after EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL 1981, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and TERMINATION DATE 233 of Pub. L. 112–40, set out as notes preceding section No trade adjustment assistance, vouchers, allow- 2271 of this title. For reversion, beginning on Jan. 1, ances, or other payments or benefits may be provided 2014, to provisions in effect on Feb. 13, 2011, with cer- under this section after Dec. 31, 2013, except as other- tain exceptions and subject to section 233(b) of Pub. L. wise provided, see section 285 of Pub. L. 93–618, set out 112–40, see section 233 of Pub. L. 112–40, set out as a note as a note preceding section 2271 of this title. preceding section 2271 of this title. TERMINATION OF REPORTING REQUIREMENTS EFFECTIVE DATE OF 2010 AMENDMENT For termination, effective May 15, 2000, of provisions Amendment by Pub. L. 111–344 effective Jan. 1, 2011, in subsec. (d) relating to submitting a quarterly report see section 101(d) of Pub. L. 111–344, set out as a note to Congress on funds for training under subsec. (a), see preceding section 2271 of this title. section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page EFFECTIVE AND TERMINATION DATES OF 2009 124 of House Document No. 103–7. AMENDMENT Pub. L. 111–5, div. B, title I, § 1828(d), Feb. 17, 2009, 123 § 2297. Job search allowances Stat. 382, provided that: ‘‘This section [amending this (a) Job search allowance authorized section] and the amendments made by this section shall take effect upon the expiration of the 90-day pe- (1) In general riod beginning on the date of the enactment of this Act Each State may use funds made available to [Feb. 17, 2009], except that— the State to carry out sections 2295 through ‘‘(1) subparagraph (A) of section 236(a)(2) of the 2298 of this title to allow an adversely affected Trade Act of 1974 [19 U.S.C. 2296(a)(2)(A)], as amended by subsection (a) of this section, shall take effect on worker covered by a certification issued under the date of the enactment of this Act; and subpart A of this part to file an application ‘‘(2) subparagraphs (B), (C), and (D) of such section with the Secretary for payment of a job search 236(a)(2) [19 U.S.C. 2296(a)(2)(B) to (D)] shall take ef- allowance. fect on October 1, 2009.’’ (2) Approval of applications Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 The Secretary may grant an allowance pur- effective upon the expiration of the 90-day period begin- suant to an application filed under paragraph ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, (1) when all of the following apply: set out as a note under section 2271 of this title. (A) Assist adversely affected worker Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 The allowance is paid to assist an ad- not applicable on or after Feb. 13, 2011, and that this versely affected worker who has been totally section be applied and administered beginning Feb. 13, separated in securing a job within the 2011, as if amendment by Pub. L. 111–5 had never been United States. enacted, was repealed by Pub. L. 112–40, title II, § 201(a), (B) Local employment not available Oct. 21, 2011, 125 Stat. 403. See Codification note above. The Secretary determines that the worker EFFECTIVE DATE OF 2002 AMENDMENT cannot reasonably be expected to secure Amendment by Pub. L. 107–210 applicable to petitions suitable employment in the commuting area for certification filed under this part or part 3 of this in which the worker resides. subchapter on or after the date that is 90 days after (C) Application Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- The worker has filed an application for the tion 2271 of this title. allowance with the Secretary before— Page 555 TITLE 19—CUSTOMS DUTIES § 2297

(i) the later of— Subsec. (a)(1). Pub. L. 112–40, §§ 214(d)(1), 233, tempo- (I) the 365th day after the date of the rarily substituted ‘‘Each State may use funds made certification under which the worker is available to the State to carry out sections 2295 certified as eligible; or through 2298 of this title to allow an adversely affected worker’’ for ‘‘An adversely affected worker’’ and ‘‘to (II) the 365th day after the date of the file’’ for ‘‘may file’’. See Codification note above and worker’s last total separation; or Effective and Termination Dates of 2011 Revival note (ii) the date that is the 182d day after the below. date on which the worker concluded train- Subsec. (b)(1). Pub. L. 112–40, §§ 214(d)(2)(A), 233, temporarily substituted ‘‘Any’’ for ‘‘An’’ and ‘‘not more ing. than 90 percent of the necessary job search expenses of (b) Amount of allowance the worker’’ for ‘‘all necessary job search expenses’’. (1) In general See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. Any allowance granted under subsection (a) Subsec. (b)(2). Pub. L. 112–40, §§ 214(d)(2)(B), 233, tem- of this section shall provide reimbursement to porarily substituted ‘‘$1,250’’ for ‘‘$1,500’’. See Codifica- the worker of not more than 90 percent of the tion note above and Effective and Termination Dates of necessary job search expenses of the worker as 2011 Revival note below. prescribed by the Secretary in regulations. Subsec. (c). Pub. L. 112–40, §§ 214(d)(3), 233, temporarily substituted ‘‘a State may’’ for ‘‘the Secretary (2) Maximum allowance shall’’. See Codification note above and Effective and Reimbursement under this subsection may Termination Dates of 2011 Revival note below. not exceed $1,250 for any worker. 2009—Subsec. (a)(2)(C)(ii). Pub. L. 111–5, §§ 1833(a)(1), 1893, temporarily struck out ‘‘, unless the worker re- (3) Allowance for subsistence and transpor- ceived a waiver under section 2291(c) of this title’’ be- tation fore period. See Codification note above and Effective Reimbursement under this subsection may and Termination Dates of 2009 Amendment note below. not be made for subsistence and transpor- Subsec. (b)(1). Pub. L. 111–5, §§ 1833(a)(2)(A), 1893, tem- tation expenses at levels exceeding those al- porarily substituted ‘‘all’’ for ‘‘90 percent of the cost of’’. See Codification note above and Effective and Ter- lowable under section 2296(b) (1) and (2) of this mination Dates of 2009 Amendment note below. title. Subsec. (b)(2). Pub. L. 111–5, §§ 1833(a)(2)(B), 1893, tem- (c) Exception porarily substituted ‘‘$1,500’’ for ‘‘$1,250’’. See Codifica- tion note above and Effective and Termination Dates of Notwithstanding subsection (b) of this section, 2009 Amendment note below. a State may reimburse any adversely affected 2002—Pub. L. 107–210 amended section generally. Prior worker for necessary expenses incurred by the to amendment, section related to applications for job worker in participating in a job search program search allowances, amounts of allowances, conditions approved by the Secretary. for granting allowances, and reimbursement of worker expenses. (Pub. L. 93–618, title II, § 237, Jan. 3, 1975, 88 Stat. 1986—Subsec. (c). Pub. L. 99–272 added subsec. (c). 2023; Pub. L. 97–35, title XXV, § 2507, Aug. 13, 1984—Subsec. (a)(1). Pub. L. 98–369 substituted ‘‘$800’’ 1981, 95 Stat. 886; Pub. L. 98–369, div. B, title VI, for ‘‘$600’’. § 2672(a), July 18, 1984, 98 Stat. 1172; Pub. L. 1981—Subsec. (a). Pub. L. 97–35, § 2507(1), amended pro- 99–272, title XIII, § 13005(a), Apr. 7, 1986, 100 Stat. visions generally, increasing percent of reimbursement 303; Pub. L. 107–210, div. A, title I, § 121, Aug. 6, of cost of job search from 80 to 90 and maximum amount from $500 to $600, and striking out requirement 2002, 116 Stat. 942; Pub. L. 111–5, div. B, title I, of total separation. § 1833(a), Feb. 17, 2009, 123 Stat. 386; Pub. L. Subsec. (b)(1). Pub. L. 97–35, § 2507(2)(A), inserted 112–40, title II, §§ 201(b), (c), 214(d), Oct. 21, 2011, ‘‘who has been totally separated’’ after ‘‘to assist an 125 Stat. 403, 406.) adversely affected worker’’. Subsec. (b)(3). Pub. L. 97–35, § 2507(2)(B), amended par. REVERSION TO PROVISIONS IN EFFECT ON (3) generally, substituting the 182-day period for a rea- FEBRUARY 13, 2011 sonable period of time and inserting provision relating For reversion, beginning on Jan. 1, 2014, to to 365 days after certification. provisions in effect on Feb. 13, 2011, with cer- EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL tain exceptions and subject to section 233(b) of For temporary revival and applicability of provisions Pub. L. 112–40, see Codification and Effective as in effect on Feb. 12, 2011, see sections 201(b), (c) and and Termination Dates of 2011 Revival notes 233 of Pub. L. 112–40, set out as notes preceding section below. 2271 of this title. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with cer- CODIFICATION tain exceptions and subject to section 233(b) of Pub. L. Section 1893 of Pub. L. 111–5, which provided for Feb. 112–40, see section 233 of Pub. L. 112–40, set out as a note 13, 2011, termination of amendment by Pub. L. 111–5, preceding section 2271 of this title. was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as EFFECTIVE AND TERMINATION DATES OF 2009 amended by Pub. L. 111–5 and as in effect on Feb. 12, AMENDMENT 2011, were temporarily revived, effective Oct. 21, 2011, Except as otherwise provided and subject to certain until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See applicability provisions, amendment by Pub. L. 111–5 2009 and 2011 Amendment notes, Effective and Termi- effective upon the expiration of the 90-day period begin- nation Dates of 2009 Amendment notes, and Effective ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, and Termination Dates of 2011 Revival note below. set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- AMENDMENTS cept as otherwise provided, amendment by Pub. L. 111–5 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- not applicable on or after Feb. 13, 2011, and that this vived the provisions of this section, as in effect on Feb. section be applied and administered beginning Feb. 13, 12, 2011. See Codification note above and 2009 Amend- 2011, as if amendment by Pub. L. 111–5 had never been ment and Effective and Termination Dates of 2011 Re- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), vival notes below. Oct. 21, 2011, 125 Stat. 403. See Codification note above. § 2298 TITLE 19—CUSTOMS DUTIES Page 556

EFFECTIVE DATE OF 2002 AMENDMENT (b) Amount of allowance Amendment by Pub. L. 107–210 applicable to petitions Any relocation allowance granted to a worker for certification filed under this part or part 3 of this under subsection (a) of this section shall in- subchapter on or after the date that is 90 days after clude— Aug. 6, 2002, except as otherwise provided, see section (1) not more than 90 percent of the reason- 151 of Pub. L. 107–210, set out as a note preceding sec- able and necessary expenses (including, but tion 2271 of this title. not limited to, subsistence and transportation EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION expenses at levels not exceeding those allow- PROVISIONS able under section 2296(b)(1) and (2) of this Amendment by Pub. L. 97–35 effective for determina- title specified in regulations prescribed by the tions made or filed after Sept. 30, 1981, with transition Secretary) incurred in transporting the work- provisions applicable, see section 2514 of Pub. L. 97–35, er, the worker’s family, and household effects; set out as a note under section 2291 of this title. and TERMINATION DATE (2) a lump sum equivalent to 3 times the No trade adjustment assistance, vouchers, allow- worker’s average weekly wage, up to a maxi- ances, or other payments or benefits may be provided mum payment of $1,250. under this section after Dec. 31, 2013, except as other- (c) Limitations wise provided, see section 285 of Pub. L. 93–618, set out A relocation allowance may not be granted to as a note preceding section 2271 of this title. a worker unless— § 2298. Relocation allowances (1) the relocation occurs within 182 days after the filing of the application for reloca- (a) Relocation allowance authorized tion assistance; or (1) In general (2) the relocation occurs within 182 days Each State may use funds made available to after the conclusion of training, if the worker the State to carry out sections 2295 through entered a training program approved by the 2298 of this title to allow an adversely affected Secretary under section 2296(b)(1) and (2) of worker covered by a certification issued under this title. subpart A of this part to file an application for (Pub. L. 93–618, title II, § 238, Jan. 3, 1975, 88 Stat. a relocation allowance with the Secretary, and 2024; Pub. L. 97–35, title XXV, § 2508, Aug. 13, the Secretary may grant the relocation allow- 1981, 95 Stat. 886; Pub. L. 98–369, div. B, title VI, ance, subject to the terms and conditions of § 2672(b), July 18, 1984, 98 Stat. 1172; Pub. L. this section. 107–210, div. A, title I, § 122, Aug. 6, 2002, 116 Stat. (2) Conditions for granting allowance 943; Pub. L. 108–429, title II, § 2004(a)(6), Dec. 3, A relocation allowance may be granted if all 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, of the following terms and conditions are met: § 1833(b), Feb. 17, 2009, 123 Stat. 386; Pub. L. (A) Assist an adversely affected worker 112–40, title II, §§ 201(b), (c), 214(e), Oct. 21, 2011, 125 Stat. 403, 406.) The relocation allowance will assist an adversely affected worker in relocating within REVERSION TO PROVISIONS IN EFFECT ON the United States. FEBRUARY 13, 2011 (B) Local employment not available For reversion, beginning on Jan. 1, 2014, to The Secretary determines that the worker provisions in effect on Feb. 13, 2011, with cer- cannot reasonably be expected to secure tain exceptions and subject to section 233(b) of suitable employment in the commuting area Pub. L. 112–40, see Codification and Effective in which the worker resides. and Termination Dates of 2011 Revival notes below. (C) Total separation The worker is totally separated from em- CODIFICATION ployment at the time relocation commences. Section 1893 of Pub. L. 111–5, which provided for Feb. (D) Suitable employment obtained 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, The worker— 2011, 125 Stat. 403, and the provisions of this section, as (i) has obtained suitable employment af- amended by Pub. L. 111–5 and as in effect on Feb. 12, fording a reasonable expectation of long- 2011, were temporarily revived, effective Oct. 21, 2011, term duration in the area in which the until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See worker wishes to relocate; or 2009 and 2011 Amendment notes, Effective and Termi- (ii) has obtained a bona fide offer of such nation Dates of 2009 Amendment notes, and Effective employment. and Termination Dates of 2011 Revival note below. (E) Application AMENDMENTS The worker filed an application with the 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- Secretary before— vived the provisions of this section, as in effect on Feb. (i) the later of— 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- (I) the 425th day after the date of the vival notes below. certification under subpart A of this Subsec. (a)(1). Pub. L. 112–40, §§ 214(e)(1), 233, tempo- part; or rarily substituted ‘‘Each State may use funds made (II) the 425th day after the date of the available to the State to carry out sections 2295 worker’s last total separation; or through 2298 of this title to allow an adversely affected worker’’ for ‘‘Any adversely affected worker’’ and ‘‘to (ii) the date that is the 182d day after the file’’ for ‘‘may file’’. See Codification note above and date on which the worker concluded train- Effective and Termination Dates of 2011 Revival note ing. below. Page 557 TITLE 19—CUSTOMS DUTIES § 2311

Subsec. (b). Pub. L. 112–40, §§ 214(e)(2)(A), 233, in intro- subchapter on or after the date that is 90 days after ductory provisions, temporarily substituted ‘‘Any’’ for Aug. 6, 2002, except as otherwise provided, see section ‘‘The’’ and ‘‘shall include’’ for ‘‘includes’’. See Codifica- 151 of Pub. L. 107–210, set out as a note preceding section note above and Effective and Termination Dates of tion 2271 of this title. 2011 Revival note below. Subsec. (b)(1). Pub. L. 112–40, §§ 214(e)(2)(B), 233, tem- EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION porarily substituted ‘‘not more than 90 percent of the’’ PROVISIONS for ‘‘all’’. See Codification note above and Effective and Amendment by Pub. L. 97–35 effective for determina- Termination Dates of 2011 Revival note below. tions made or filed after Sept. 30, 1981, with transition Subsec. (b)(2). Pub. L. 112–40, §§ 214(e)(2)(C), 233, tem- provisions applicable, see section 2514 of Pub. L. 97–35, porarily substituted ‘‘$1,250’’ for ‘‘$1,500’’. See Codifica- set out as a note under section 2291 of this title. tion note above and Effective and Termination Dates of 2011 Revival note below. TERMINATION DATE 2009—Subsec. (a)(2)(E)(ii). Pub. L. 111–5, §§ 1833(b)(1), No trade adjustment assistance, vouchers, allow- 1893, temporarily struck out ‘‘, unless the worker re- ances, or other payments or benefits may be provided ceived a waiver under section 2291(c) of this title’’ be- under this section after Dec. 31, 2013, except as other- fore period. See Codification note above and Effective wise provided, see section 285 of Pub. L. 93–618, set out and Termination Dates of 2009 Amendment note below. as a note preceding section 2271 of this title. Subsec. (b)(1). Pub. L. 111–5, §§ 1833(b)(2)(A), 1893, temporarily substituted ‘‘all’’ for ‘‘90 percent of the’’. See SUBPART C—GENERAL PROVISIONS Codification note above and Effective and Termination Dates of 2009 Amendment note below. § 2311. Agreements with States Subsec. (b)(2). Pub. L. 111–5, §§ 1833(b)(2)(B), 1893, tem- (a) Authority of Secretary to enter into agree- porarily substituted ‘‘$1,500’’ for ‘‘$1,250’’. See Codifica- tion note above and Effective and Termination Dates of ments 2009 Amendment note below. The Secretary is authorized on behalf of the 2004—Subsec. (b)(1). Pub. L. 108–429 substituted ‘‘Sec- United States to enter into an agreement with retary)’’ for ‘‘Secretary,’’. any State, or with any State agency (referred to 2002—Pub. L. 107–210 amended section generally. Prior in this subpart as ‘‘cooperating States’’ and ‘‘co- to amendment, section consisted of subsecs. (a) to (d) authorizing relocation allowances, specifying the con- operating States agencies’’ respectively). Under ditions for granting them, and defining ‘‘relocation al- such an agreement, the cooperating State agen- lowance’’. cy (1) as agent of the United States, shall re- 1984—Subsec. (d)(2). Pub. L. 98–369 substituted ‘‘$800’’ ceive applications for, and shall provide, pay- for ‘‘$600’’. ments on the basis provided in this part, (2) in 1981—Subsec. (a). Pub. L. 97–35, § 2508(1), inserted pro- accordance with subsection (f), shall make visions relating to time for filing application and available to adversely affected workers and ad- struck out provisions respecting total separation. versely affected incumbent workers covered by a Subsec. (b)(3). Pub. L. 97–35, § 2508(2), added par. (3). Subsec. (c). Pub. L. 97–35, § 2508(3), substituted provi- certification under subpart A the employment sions respecting 182-day requirements for provisions re- and case management services described in sec- specting requirements involving entitlements for the tion 2295 of this title, (3) shall make any certifi- week in which the application is filed and relocation cations required under section 2291(c)(2) 1 of this occurring within a reasonable period of time. title, and (4) shall otherwise cooperate with the Subsec. (d)(1). Pub. L. 97–35, § 2508(4)(A), increased per- Secretary and with other State and Federal centage from 80 to 90 percent and inserted provision re- agencies in providing payments and services specting allowable levels of subsistence and travel ex- under this part. penses. Subsec. (d)(2). Pub. L. 97–35, § 2508(4)(B), increased (b) Amendment, suspension, and termination of maximum payment from $500 to $600. agreements

EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL Each agreement under this subpart shall provide the terms and conditions upon which the For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and agreement may be amended, suspended, or ter- 233 of Pub. L. 112–40, set out as notes preceding section minated. 2271 of this title. For reversion, beginning on Jan. 1, (c) Form and manner of data 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. Each agreement under this subpart shall— 112–40, see section 233 of Pub. L. 112–40, set out as a note (1) provide the Secretary with the authority preceding section 2271 of this title. to collect any data the Secretary determines necessary to meet the requirements of this EFFECTIVE AND TERMINATION DATES OF 2009 part; and AMENDMENT (2) specify the form and manner in which Except as otherwise provided and subject to certain any such data requested by the Secretary shall applicability provisions, amendment by Pub. L. 111–5 be reported. effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, (d) Unemployment insurance set out as a note under section 2271 of this title. Each agreement under this subpart shall pro- Section 1893 of Pub. L. 111–5, which provided that, ex- vide that unemployment insurance otherwise cept as otherwise provided, amendment by Pub. L. 111–5 payable to any adversely affected worker will not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, not be denied or reduced for any week by reason 2011, as if amendment by Pub. L. 111–5 had never been of any right to payments under this part. enacted, was repealed by Pub. L. 112–40, title II, § 201(a), (e) Review Oct. 21, 2011, 125 Stat. 403. See Codification note above. A determination by a cooperating State agen- EFFECTIVE DATE OF 2002 AMENDMENT cy with respect to entitlement to program bene- Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this 1 See References in Text note below. § 2311 TITLE 19—CUSTOMS DUTIES Page 558 fits under an agreement is subject to review in plement effective control measures and to ef- the same manner and to the same extent as de- fectively oversee the operation and adminis- terminations under the applicable State law and tration of the trade adjustment assistance only in that manner and to that extent. program under this part, including by means (f) Coordination of benefits and assistance of monitoring the operation of control measures to improve the accuracy and timeliness of Any agreement entered into under this section the data being collected and reported. shall provide for the coordination of the administration of the provisions for employment serv- (2) Definition ices, training, and supplemental assistance For purposes of paragraph (1), the term under sections 2295 and 2296 of this title and ‘‘control measures’’ means measures that— under title I of the Workforce Investment Act of (A) are internal to a system used by a 1998 [29 U.S.C. 2801 et seq.] upon such terms and State to collect data; and conditions as are established by the Secretary in (B) are designed to ensure the accuracy consultation with the States and set forth in and verifiability of such data. such agreement. Any agency of the State jointly (j) Data reporting administering such provisions under such agree- (1) In general ment shall be considered to be a cooperating Any agreement entered into under this sec- State agency for purposes of this part. tion shall require the cooperating State or co- (g) Advising and interviewing adversely affected operating State agency to report to the Sec- workers retary on a quarterly basis comprehensive per- Each cooperating State agency shall, in carry- formance accountability data, to consist of— ing out subsection (a)(2) of this section— (A) the core indicators of performance de- (1) advise each worker who applies for unem- scribed in paragraph (2)(A); ployment insurance of the benefits under this (B) the additional indicators of perform- part and the procedures and deadlines for ap- ance described in paragraph (2)(B), if any; plying for such benefits, and (2) facilitate the early filing of petitions (C) a description of efforts made to im- under section 2271 of this title for any workers prove outcomes for workers under the trade that the agency considers are likely to be eli- adjustment assistance program. gible for benefits under this part, (2) Core indicators described (3) advise each adversely affected worker to (A) In general apply for training under section 2296(a) of this The core indicators of performance de- title before, or at the same time, the worker scribed in this paragraph are— applies for trade readjustment allowances (i) the percentage of workers receiving under division I of subpart B of this part, benefits under this part who are employed (4) perform outreach to, intake of, and ori- during the first or second calendar quarter entation for adversely affected workers and following the calendar quarter in which adversely affected incumbent workers covered the workers cease receiving such benefits; by a certification under subpart A with re- (ii) the percentage of such workers who spect to assistance and benefits available are employed during the 2 calendar quar- under this part, and ters following the earliest calendar quar- (5) make employment and case management ter during which the worker was employed services described in section 2295 of this title as described in clause (i); available to adversely affected workers and (iii) the average earnings of such work- adversely affected incumbent workers covered ers who are employed during the 2 cal- by a certification under subpart A and, if endar quarters described in clause (ii); and funds provided to carry out this part are insuf- (iv) the percentage of such workers who ficient to make such services available, make obtain a recognized postsecondary creden- arrangements to make such services available tial, including an industry-recognized cre- through other Federal programs. dential, or a secondary school diploma or (h) Submission of information for coordination its recognized equivalent if combined with of workforce investment activities employment under clause (i), while receiv- In order to promote the coordination of working benefits under this part or during the force investment activities in each State with 1-year period after such workers cease re- activities carried out under this part, any agree- ceiving such benefits. ment entered into under this section shall pro- (B) Additional indicators vide that the State shall submit to the Sec- The Secretary and a cooperating State or retary, in such form as the Secretary may re- cooperating State agency may agree upon quire, the description and information described additional indicators of performance for the in paragraphs (8) and (14) of section 112(b) of the trade adjustment assistance program under Workforce Investment Act of 1998 (29 U.S.C. this part, as appropriate. 2822(b)) and a description of the State’s rapid re- (3) Standards with respect to reliability of data sponse activities under section 2271(a)(2)(A) of this title. In preparing the quarterly report required by paragraph (1), each cooperating State or co- (i) Control measures operating State agency shall establish proce- (1) In general dures that are consistent with guidelines to be The Secretary shall require each cooperat- issued by the Secretary to ensure that the ing State and cooperating State agency to im- data reported are valid and reliable. Page 559 TITLE 19—CUSTOMS DUTIES § 2311

(k) Verification of eligibility for program bene- designating subsecs. (c) to (g) set out in this section fits and not redesignating the subsec. (e) that amended section 3302 of Title 26, Internal Revenue Code, to reflect (1) In general the probable intent of Congress. An agreement under this subpart shall pro- Section 1893 of Pub. L. 111–5, which provided for Feb. vide that the State shall periodically redeter- 13, 2011, termination of amendment by Pub. L. 111–5, mine that a worker receiving benefits under was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as this subpart who is not a citizen or national of amended by Pub. L. 111–5 and as in effect on Feb. 12, the United States remains in a satisfactory 2011, were temporarily revived, effective Oct. 21, 2011, immigration status. Once satisfactory immi- until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See gration status has been initially verified 2009 and 2011 Amendment notes, Effective and Termi- through the immigration status verification nation Dates of 2009 Amendment notes, and Effective system described in section 1320b–7(d) of title and Termination Dates of 2011 Revival note below. 42 for purposes of establishing a worker’s eligi- Amendment by section 1424(d)(1)(B) of Pub. L. 100–418, which directed amendment of subsec. (e) of section 239 bility for unemployment compensation, the of Pub. L. 93–618, was executed to the subsec. (e) (now State shall reverify the worker’s immigration subsec. (f)) set out in this section and not the subsec. status if the documentation provided during (e) that amended section 3302 of Title 26, Internal Reve- initial verification will expire during the pe- nue Code, to reflect the probable intent of Congress. riod in which that worker is potentially eligi- AMENDMENTS ble to receive benefits under this subpart. The State shall conduct such redetermination in a 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- timely manner, utilizing the immigration vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- status verification system described in section ment and Effective and Termination Dates of 2011 Re- 1320b–7(d) of title 42. vival notes below. (2) Procedures Subsec. (j)(2)(A). Pub. L. 112–40, §§ 216(a)(1), 233, temporarily amended subpar. (A) generally. Prior to The Secretary shall establish procedures to amendment, text read as follows: ‘‘The core indicators ensure the uniform application by the States of performance described in this paragraph are— of the requirements of this subsection. ‘‘(i) the percentage of workers receiving benefits under this part who are employed during the second (Pub. L. 93–618, title II, § 239, Jan. 3, 1975, 88 Stat. calendar quarter following the calendar quarter in 2024; Pub. L. 97–35, title XXV, § 2513(d)(6), Aug. which the workers cease receiving such benefits; 13, 1981, 95 Stat. 889; Pub. L. 99–272, title XIII, ‘‘(ii) the percentage of such workers who are em- §§ 13003(a)(3), 13004(c), Apr. 7, 1986, 100 Stat. 301, ployed in each of the third and fourth calendar quar- 303; Pub. L. 100–418, title I, §§ 1423(a)(4), ters following the calendar quarter in which the 1424(d)(1)(B), (2), Aug. 23, 1988, 102 Stat. 1246, 1250; workers cease receiving such benefits; and Pub. L. 105–220, title III, § 321, Aug. 7, 1998, 112 ‘‘(iii) the earnings of such workers in each of the third and fourth calendar quarters following the cal- Stat. 1087; Pub. L. 105–277, div. A, § 101(f) [title endar quarter in which the workers cease receiving VIII, § 405(d)(14)(B), (f)(11)(B)], Oct. 21, 1998, 112 such benefits.’’ Stat. 2681–337, 2681–421, 2681–431; Pub. L. 111–5, See Codification note above and Effective and Termi- div. B, title I, §§ 1852, 1853, Feb. 17, 2009, 123 Stat. nation Dates of 2011 Revival note below. 390, 392; Pub. L. 112–40, title II, §§ 201(b), (c), 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1852(a)(2), 1893, 216(a)(1), Oct. 21, 2011, 125 Stat. 403, 407.) temporarily substituted ‘‘shall’’ for ‘‘will’’ in two places. See Codification note above and Effective and REVERSION TO PROVISIONS IN EFFECT ON Termination Dates of 2009 Amendment note below. FEBRUARY 13, 2011 Subsec. (a)(2). Pub. L. 111–5, §§ 1852(a)(1), 1893, temporarily amended cl. (2) generally. Prior to amendment, For reversion, beginning on Jan. 1, 2014, to cl. (2) read as follows: ‘‘where appropriate, but in ac- provisions in effect on Feb. 13, 2011, with cer- cordance with subsection (f) of this section, will afford tain exceptions and subject to section 233(b) of adversely affected workers testing, counseling, referral Pub. L. 112–40, see Codification and Effective to training and job search programs, and placement and Termination Dates of 2011 Revival notes services,’’. See Codification note above and Effective below. and Termination Dates of 2009 Amendment note below. Subsec. (a)(3), (4). Pub. L. 111–5, §§ 1852(a)(2), 1893, tem- REFERENCES IN TEXT porarily substituted ‘‘shall’’ for ‘‘will’’. See Codifica- tion note above and Effective and Termination Dates of Section 2291(c)(2) of this title, referred to in subsec. 2009 Amendment note below. (a)(3), was subsequently amended, and no longer con- Subsecs. (c) to (f). Pub. L. 111–5, §§ 1852(b), 1893, tem- tains provisions relating to certifications. porarily added subsec. (c) and redesignated former sub- The Workforce Investment Act of 1998, referred to in secs. (c) to (e) as (d) to (f), respectively. Former subsec. subsec. (f), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936. (f) temporarily redesignated (g). See Codification notes Title I of the Act is classified principally to chapter 30 above and Effective and Termination Dates of 2009 (§ 2801 et seq.) of Title 29, Labor. For complete classi- Amendment note below. fication of this Act to the Code, see Short Title note Subsec. (g). Pub. L. 111–5, §§ 1852(b)(1), 1893, tempo- set out under section 9201 of Title 20, Education, and rarily redesignated subsec. (f) as (g). Former subsec. (g) Tables. temporarily redesignated (h). See Codification note above and Effective and Termination Dates of 2009 CODIFICATION Amendment note below. Section is comprised of subsecs. (a) to (k) of section Subsec. (g)(3). Pub. L. 111–5, §§ 1852(c)(1), 1893, tempo- 239 of Pub. L. 93–618. Another subsec. (e) of section 239 rarily struck out ‘‘and’’ at end. See Codification note of Pub. L. 93–618 amended section 3302 of Title 26, Inter- above and Effective and Termination Dates of 2009 nal Revenue Code. Amendment note below. Amendment by section 1852(b)(1) of Pub. L. 111–5, Subsec. (g)(4). Pub. L. 111–5, §§ 1852(c)(2), 1893, tempo- which directed the temporary redesignation of subsecs. rarily amended par. (4) generally. Prior to amendment, (c) through (g) of section 239 of Pub. L. 93–618 as subpar. (4) read as follows: ‘‘as soon as practicable, inter- secs. (d) through (h), respectively, was executed by review the adversely affected worker regarding suitable § 2312 TITLE 19—CUSTOMS DUTIES Page 560 training opportunities available to the worker under 112–40, see section 233 of Pub. L. 112–40, set out as a note section 2296 of this title and review such opportunities preceding section 2271 of this title. with the worker.’’ See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note EFFECTIVE DATE OF 2011 AMENDMENT below. Pub. L. 112–40, title II, § 216(a)(2), Oct. 21, 2011, 125 Subsec. (g)(5). Pub. L. 111–5, §§ 1852(c)(3), 1893, tempo- Stat. 407, provided that: ‘‘The amendment made by rarily added par. (5). See Codification note above and paragraph (1) [amending this section] shall— Effective and Termination Dates of 2009 Amendment ‘‘(A) take effect on October 1, 2011; and note below. ‘‘(B) apply with respect to agreements under sec- Subsec. (h). Pub. L. 111–5, §§ 1852(b)(1), (d), 1893, tem- tion 239 of the Trade Act of 1974 (19 U.S.C. 2311) en- porarily redesignated subsec. (g) as (h) and substituted tered into before, on, or after October 1, 2011.’’ ‘‘1998 (29 U.S.C. 2822(b)) and a description of the State’s rapid response activities under section 2271(a)(2)(A) of EFFECTIVE AND TERMINATION DATES OF 2009 this title.’’ for ‘‘1998.’’ See Codification note above and AMENDMENT Effective and Termination Dates of 2009 Amendment Except as otherwise provided and subject to certain note below. applicability provisions, amendment by Pub. L. 111–5 Subsecs. (i) to (k). Pub. L. 111–5, §§ 1852(e), 1853, 1893, effective upon the expiration of the 90-day period begin- temporarily added subsecs. (i) to (k). See Codification ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, note above and Effective and Termination Dates of 2009 set out as a note under section 2271 of this title. Amendment note below. Section 1893 of Pub. L. 111–5, which provided that, ex- 1998—Subsec. (e). Pub. L. 105–277, § 101(f) [title VIII, cept as otherwise provided, amendment by Pub. L. 111–5 § 405(f)(11)(B)], struck out ‘‘title III of the Job Training not applicable on or after Feb. 13, 2011, and that this Partnership Act or’’ before ‘‘title I of the’’. section be applied and administered beginning Feb. 13, Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(14)(B)], sub- 2011, as if amendment by Pub. L. 111–5 had never been stituted ‘‘under title III of the Job Training Partner- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), ship Act or title I of the Workforce Investment Act of Oct. 21, 2011, 125 Stat. 403. See Codification note above. 1998’’ for ‘‘under title III of the Job Training Partner- ship Act’’. EFFECTIVE DATE OF 1998 AMENDMENT Subsec. (g). Pub. L. 105–220 added subsec. (g). Amendment by section 101(f) [title VIII, 1988—Subsec. (a)(3). Pub. L. 100–418, § 1423(a)(4), § 405(d)(14)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, amended cl. (3) generally. Prior to amendment, cl. (3) and amendment by section 101(f) [title VIII, read as follows: ‘‘will make determinations and approv- § 405(f)(11)(B)] of Pub. L. 105–277 effective July 1, 2000, als regarding job search programs under sections 2291(c) see section 101(f) [title VIII, § 405(g)(1), (2)(B)], set out as and 2297(c) of this title, and’’. a note under section 3502 of Title 5, Government Orga- Subsec. (e). Pub. L. 100–418, § 1424(d)(1)(B), amended nization and Employees. subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘Agreements entered into under this EFFECTIVE DATE OF 1988 AMENDMENT section may be made with one or more State or local agencies including— Amendment by section 1424(d)(1)(B), (2) of Pub. L. ‘‘(1) the employment service agency of such State, 100–418 effective Aug. 23, 1988, and amendment by sec- ‘‘(2) any State agency carrying out title III of the tion 1423(a)(4) of Pub. L. 100–418 effective on the date Job Training Partnership Act [29 U.S.C. 1651 et seq.], that is 90 days after Aug. 23, 1988, see section 1430(a), (f) or of Pub. L. 100–418, set out as an Effective Date note ‘‘(3) any other State or local agency administering under section 2397 of this title. job training or related programs.’’ EFFECTIVE DATE OF 1986 AMENDMENT See Codification note above. Subsec. (f). Pub. L. 100–418, § 1424(d)(2), amended sub- Amendment by section 13003(a) of Pub. L. 99–272 ap- sec. (f) generally. Prior to amendment, subsec. (f) read plicable with respect to workers covered by petitions as follows: ‘‘Each cooperating State agency shall, in filed under section 2271 of this title on or after Apr. 7, carrying out subsection (a)(2) of this section— 1986, and amendment by section 13004(c) of Pub. L. ‘‘(1) advise each adversely affected worker to apply 99–272 effective on Apr. 7, 1986, see section 13009(a), (b) for training under section 2296(a) of this title at the of Pub. L. 99–272, set out as a note under section 2291 of time the worker makes application for trade read- this title. justment allowances (but failure of the worker to do EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION so may not be treated as cause for denial of those al- PROVISIONS lowances), and ‘‘(2) within 60 days after application for training is Amendment by Pub. L. 97–35 effective Aug. 1981, with made by the worker, interview the adversely affected transition provisions applicable, see section 2514 of worker regarding suitable training opportunities Pub. L. 97–35, set out as a note under section 2291 of available to the worker under section 2296 of this this title. title and review such opportunities with the worker.’’ 1986—Subsec. (a). Pub. L. 99–272, § 13004(c)(1), inserted TERMINATION DATE ‘‘but in accordance with subsection (f) of this section,’’ No trade adjustment assistance, vouchers, allow- in cl. (2). ances, or other payments or benefits may be provided Pub. L. 99–272, § 13003(a)(3), substituted ‘‘training and under this section after Dec. 31, 2013, except as other- job search programs’’ for ‘‘training’’ in cl. (2), added cl. wise provided, see section 285 of Pub. L. 93–618, set out (3), and redesignated former cl. (3) as (4). as a note preceding section 2271 of this title. Subsecs. (e), (f). Pub. L. 99–272, § 13004(c)(2), added subsecs. (e) and (f). § 2312. Administration absent State agreement 1981—Subsec. (a). Pub. L. 97–35 struck out provisions respecting persons applying for payments under this (a) Promulgation of regulations; fair hearing part. In any State where there is no agreement in EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL force between a State or its agency under section 2311 of this title, the Secretary shall ar- For temporary revival and applicability of provisions range under regulations prescribed by him for as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as notes preceding section performance of all necessary functions under 2271 of this title. For reversion, beginning on Jan. 1, subpart B of this part, including provision for a 2014, to provisions in effect on Feb. 13, 2011, with cer- fair hearing for any worker whose application tain exceptions and subject to section 233(b) of Pub. L. for payments is denied. Page 561 TITLE 19—CUSTOMS DUTIES § 2315

(b) Review of final determination § 2314. Liabilities of certifying and disbursing of- A final determination under subsection (a) of ficers this section with respect to entitlement to pro- (a) Certifying officer gram benefits under subpart B of this part is subject to review by the courts in the same No person designated by the Secretary, or des- manner and to the same extent as is provided by ignated pursuant to an agreement under this section 405(g) of title 42. subpart, as a certifying officer, shall, in the absence of gross negligence or intent to defraud (Pub. L. 93–618, title II, § 240, Jan. 3, 1975, 88 Stat. the United States, be liable with respect to any 2025.) payment certified by him under this part. TERMINATION DATE (b) Disbursing officer No trade adjustment assistance, vouchers, allow- No disbursing officer shall, in the absence of ances, or other payments or benefits may be provided gross negligence or intent to defraud the United under this section after Dec. 31, 2013, except as other- States, be liable with respect to any payment by wise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title. him under this part if it was based upon a voucher signed by a certifying officer designated § 2313. Payments to States as provided in subsection (a) of this section. (Pub. L. 93–618, title II, § 242, Jan. 3, 1975, 88 Stat. (a) Certification to Secretary of the Treasury for 2026.) payment to cooperating States The Secretary shall from time to time certify TERMINATION DATE to the Secretary of the Treasury for payment to No trade adjustment assistance, vouchers, allow- each cooperating State the sums necessary to ances, or other payments or benefits may be provided enable such State as agent of the United States under this section after Dec. 31, 2013, except as other- to make payments provided for by this part. wise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title. (b) Utilization or return of money All money paid a State under this section § 2315. Fraud and recovery of overpayments shall be used solely for the purposes for which it is paid; and money so paid which is not used for (a) Repayment; deductions such purposes shall be returned, at the time (1) If a cooperating State agency, the Sec- specified in the agreement under this subpart, to retary, or a court of competent jurisdiction de- the Secretary of the Treasury. termines that any person has received any pay- (c) Surety bonds ment under this part to which the person was not entitled, including a payment referred to in Any agreement under this subpart may re- subsection (b) of this section, such person shall quire any officer or employee of the State cer- be liable to repay such amount to the State tifying payments or disbursing funds under the agency or the Secretary, as the case may be, ex- agreement or otherwise participating in the per- cept that the State agency or the Secretary formance of the agreement, to give a surety shall waive such repayment if such agency or bond to the United States in such amount as the the Secretary determines that— Secretary may deem necessary, and may provide (A) the payment was made without fault on for the payment of the cost of such bond from the part of such individual, and funds for carrying out the purposes of this part. (B) requiring such repayment would cause a (Pub. L. 93–618, title II, § 241, Jan. 3, 1975, 88 Stat. financial hardship for the individual (or the 2025; Pub. L. 97–35, title XXV, § 2513(b), Aug. 13, individual’s household, if applicable) when 1981, 95 Stat. 889.) taking into consideration the income and resources reasonably available to the individual AMENDMENTS (or household) and other ordinary living ex- 1981—Subsec. (a). Pub. L. 97–35 struck out provisions penses of the individual (or household). relating to payment to the State by the Secretary of (2) Unless an overpayment is otherwise recov- the Treasury from the Adjustment Assistance Trust Fund prior to audit or settlement by the General Ac- ered, or waived under paragraph (1), the State counting Office. agency or the Secretary shall recover the over- Subsec. (b). Pub. L. 97–35 struck out provisions relat- payment by deductions from any sums payable ing to crediting money returned to the Secretary of the to such person under this part, under any Fed- Treasury to the Adjustment Assistance Trust Fund. eral unemployment compensation law administered by the State agency or the Secretary, or EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION under any other Federal law administered by PROVISIONS the State agency or the Secretary which pro- Amendment by Pub. L. 97–35 effective Aug. 1981, with vides for the payment of assistance or an allow- transition provisions applicable, see section 2514 of ance with respect to unemployment, and, not- Pub. L. 97–35, set out as a note under section 2291 of withstanding any other provision of State law or this title. Federal law to the contrary, the Secretary may TERMINATION DATE require the State agency to recover any overpayment under this part by deduction from any No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided unemployment insurance payable to such person under this section after Dec. 31, 2013, except as other- under the State law, except that no single de- wise provided, see section 285 of Pub. L. 93–618, set out duction under this paragraph shall exceed 50 as a note preceding section 2271 of this title. percent of the amount otherwise payable. § 2316 TITLE 19—CUSTOMS DUTIES Page 562

(b) False representation or nondisclosure of ma- Subsec. (a)(1)(B). Pub. L. 111–5, §§ 1855(2), 1893, tempo- terial fact rarily substituted ‘‘would cause a financial hardship for the individual (or the individual’s household, if applica- If a cooperating State agency, the Secretary, ble) when taking into consideration the income and re- or a court of competent jurisdiction determines sources reasonably available to the individual (or that an individual— household) and other ordinary living expenses of the in- (1) knowingly has made, or caused another dividual (or household)’’ for ‘‘would be contrary to eq- to make, a false statement or representation uity and good conscience’’. See Codification note above of a material fact, or and Effective and Termination Dates of 2009 Amend- (2) knowingly has failed, or caused another ment note below. to fail, to disclose a material fact, 1981—Subsec. (a). Pub. L. 97–35 designated existing provisions as par. (1), revised provisions, made changes and as a result of such false statement or rep- in nomenclature and, among other changes, inserted resentation, or of such nondisclosure, such indi- provisions respecting waiver, and added par. (2). vidual has received any payment under this part Subsec. (b). Pub. L. 97–35 substituted provisions relat- to which the individual was not entitled, such ing to ineligibility for other payments for provisions individual shall, in addition to any other pen- relating to deposit, return, and credit of repayments. Subsecs. (c), (d). Pub. L. 97–35 added subsecs. (c) and alty provided by law, be ineligible for any fur- (d). ther payments under this part. (c) Notice of determination; fair hearing; finality EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL Except for overpayments determined by a For temporary revival and applicability of provisions court of competent jurisdiction, no repayment as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as notes preceding section may be required, and no deduction may be made, 2271 of this title. For reversion, beginning on Jan. 1, under this section until a determination under 2014, to provisions in effect on Feb. 13, 2011, with cer- subsection (a)(1) of this section by the State tain exceptions and subject to section 233(b) of Pub. L. agency or the Secretary, as the case may be, has 112–40, see section 233 of Pub. L. 112–40, set out as a note been made, notice of the determination and an preceding section 2271 of this title. opportunity for a fair hearing thereon has been EFFECTIVE AND TERMINATION DATES OF 2009 given to the individual concerned, and the deter- AMENDMENT mination has become final. Except as otherwise provided and subject to certain (d) Recovered amount returned to Treasury applicability provisions, amendment by Pub. L. 111–5 Any amount recovered under this section shall effective upon the expiration of the 90-day period begin- be returned to the Treasury of the United ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, States. set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- (Pub. L. 93–618, title II, § 243, Jan. 3, 1975, 88 Stat. cept as otherwise provided, amendment by Pub. L. 111–5 2026; Pub. L. 97–35, title XXV, § 2509, Aug. 13, not applicable on or after Feb. 13, 2011, and that this 1981, 95 Stat. 887; Pub. L. 111–5, div. B, title I, section be applied and administered beginning Feb. 13, § 1855, Feb. 17, 2009, 123 Stat. 394; Pub. L. 112–40, 2011, as if amendment by Pub. L. 111–5 had never been title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403.) enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. REVERSION TO PROVISIONS IN EFFECT ON EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION FEBRUARY 13, 2011 PROVISIONS For reversion, beginning on Jan. 1, 2014, to Amendment by Pub. L. 97–35 effective Aug. 13, 1981, provisions in effect on Feb. 13, 2011, with cer- with transition provisions applicable, see section 2514 tain exceptions and subject to section 233(b) of of Pub. L. 97–35, set out as a note under section 2291 of Pub. L. 112–40, see Codification and Effective this title. and Termination Dates of 2011 Revival notes below. TERMINATION DATE No trade adjustment assistance, vouchers, allow- CODIFICATION ances, or other payments or benefits may be provided Section 1893 of Pub. L. 111–5, which provided for Feb. under this section after Dec. 31, 2013, except as other- 13, 2011, termination of amendment by Pub. L. 111–5, wise provided, see section 285 of Pub. L. 93–618, set out was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, as a note preceding section 2271 of this title. 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, § 2316. Penalties 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Any person who— 2009 and 2011 Amendment notes, Effective and Termi- (1) makes a false statement of a material nation Dates of 2009 Amendment notes, and Effective fact knowing it to be false, or knowingly fails and Termination Dates of 2011 Revival note below. to disclose a material fact, for the purpose of obtaining or increasing for that person or for AMENDMENTS any other person any payment authorized to 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- be furnished under this part or pursuant to an vived the provisions of this section, as in effect on Feb. agreement under section 2311 of this title, or 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- (2) makes a false statement of a material vival notes below. fact knowing it to be false, or knowingly fails 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1855(1), 1893, in in- to disclose a material fact, when providing introductory provisions, temporarily substituted ‘‘shall formation to the Secretary during an inves- waive’’ for ‘‘may waive’’ and struck out ‘‘, in accord- tigation of a petition under section 2271 of this ance with guidelines prescribed by the Secretary,’’ be- title, fore ‘‘that—’’. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note shall be imprisoned for not more than one year, below. or fined under title 18, or both. Page 563 TITLE 19—CUSTOMS DUTIES § 2317

(Pub. L. 93–618, title II, § 244, Jan. 3, 1975, 88 Stat. § 2317. Authorization of appropriations 2026; Pub. L. 111–5, div. B, title I, § 1801(d), Feb. (a) In general 17, 2009, 123 Stat. 369; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403.) There are authorized to be appropriated to the Department of Labor, for the period beginning REVERSION TO PROVISIONS IN EFFECT ON October 1, 2001, and ending December 31, 2013, FEBRUARY 13, 2011 such sums as may be necessary to carry out the For reversion, beginning on Jan. 1, 2014, to purposes of this part. provisions in effect on Feb. 13, 2011, with cer- (b) Period of expenditure tain exceptions and subject to section 233(b) of Funds obligated for any fiscal year to carry Pub. L. 112–40, see Codification and Effective out activities under sections 2295 through 2298 of and Termination Dates of 2011 Revival notes this title may be expended by each State receiv- below. ing such funds during that fiscal year and the CODIFICATION succeeding two fiscal years. Section 1893 of Pub. L. 111–5, which provided for Feb. (c) Reallotment of funds 13, 2011, termination of amendment by Pub. L. 111–5, (1) In general was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, The Secretary may— 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, (A) reallot funds that were allotted to any 2011, were temporarily revived, effective Oct. 21, 2011, State to carry out sections 2295 through 2298 until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See of this title and that remain unobligated by 2009 and 2011 Amendment notes, Effective and Termi- the State during the second or third fiscal nation Dates of 2009 Amendment notes, and Effective year after the fiscal year in which the funds and Termination Dates of 2011 Revival note below. were provided to the State; and (B) provide such realloted funds to States AMENDMENTS to carry out sections 2295 through 2298 of 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- this title in accordance with procedures es- vived the provisions of this section, as in effect on Feb. tablished by the Secretary. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- (2) Requests by States vival notes below. In establishing procedures under paragraph 2009—Pub. L. 111–5, §§ 1801(d), 1893, temporarily (1)(B), the Secretary shall include procedures amended section generally. Prior to amendment, text that provide for the distribution of realloted read as follows: ‘‘Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails funds under that paragraph pursuant to re- to disclose a material fact, for the purpose of obtaining quests submitted by States in need of such or increasing for himself or for any other person any funds. payment authorized to be furnished under this part or (3) Availability of amounts pursuant to an agreement under section 2311 of this title shall be fined not more than $1,000 or imprisoned The reallotment of funds under paragraph (1) for not more than one year, or both.’’ See Codification shall not extend the period for which such note above and Effective and Termination Dates of 2009 funds are available for expenditure. Amendment note below. (Pub. L. 93–618, title II, § 245, Jan. 3, 1975, 88 Stat. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL 2026; Pub. L. 97–35, title XXV, § 2510, Aug. 13, For temporary revival and applicability of provisions 1981, 95 Stat. 888; Pub. L. 98–120, § 2(a), Oct. 12, as in effect on Feb. 12, 2011, see sections 201(b), (c) and 1983, 97 Stat. 809; Pub. L. 99–272, title XIII, 233 of Pub. L. 112–40, set out as notes preceding section § 13008(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 2271 of this title. For reversion, beginning on Jan. 1, 100–418, title I, § 1426(b)(1), Aug. 23, 1988, 102 Stat. 2014, to provisions in effect on Feb. 13, 2011, with cer- 1251; Pub. L. 103–66, title XIII, § 13803(a)(2), Aug. tain exceptions and subject to section 233(b) of Pub. L. 10, 1993, 107 Stat. 668; Pub. L. 103–182, title V, 112–40, see section 233 of Pub. L. 112–40, set out as a note § 504, Dec. 8, 1993, 107 Stat. 2151; Pub. L. 105–277, preceding section 2271 of this title. div. J, title I, § 1012(a), Oct. 21, 1998, 112 Stat. EFFECTIVE AND TERMINATION DATES OF 2009 2681–900; Pub. L. 106–113, div. B, § 1000(a)(5) [title AMENDMENT VII, § 702(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319; Pub. L. 107–210, div. A, title I, §§ 111(a), Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 120, Aug. 6, 2002, 116 Stat. 936, 942; Pub. L. effective upon the expiration of the 90-day period begin- 109–280, title XIV, § 1635(f)(3), Aug. 17, 2006, 120 ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, Stat. 1171; Pub. L. 110–89, § 1(a), Sept. 28, 2007, 121 set out as a note under section 2271 of this title. Stat. 982; Pub. L. 111–5, div. B, title I, § 1892(a), Section 1893 of Pub. L. 111–5, which provided that, ex- Feb. 17, 2009, 123 Stat. 421; Pub. L. 111–344, title cept as otherwise provided, amendment by Pub. L. 111–5 I, § 101(c)(2), Dec. 29, 2010, 124 Stat. 3613; Pub. L. not applicable on or after Feb. 13, 2011, and that this 112–40, title II, §§ 201(b), (c), 214(c), 217, Oct. 21, section be applied and administered beginning Feb. 13, 2011, 125 Stat. 403, 405, 409.) 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), REVERSION TO PROVISIONS IN EFFECT ON Oct. 21, 2011, 125 Stat. 403. See Codification note above. FEBRUARY 13, 2011

TERMINATION DATE For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with cer- No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided tain exceptions and subject to section 233(b) of under this section after Dec. 31, 2013, except as other- Pub. L. 112–40, see Codification and Effective wise provided, see section 285 of Pub. L. 93–618, set out and Termination Dates of 2011 Revival notes as a note preceding section 2271 of this title. below. § 2317 TITLE 19—CUSTOMS DUTIES Page 564

CODIFICATION 233 of Pub. L. 112–40, set out as notes preceding section Section 1893 of Pub. L. 111–5, which provided for Feb. 2271 of this title. For reversion, beginning on Jan. 1, 13, 2011, termination of amendment by Pub. L. 111–5, 2014, to provisions in effect on Feb. 13, 2011, with cer- was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, tain exceptions and subject to section 233(b) of Pub. L. 2011, 125 Stat. 403, and the provisions of this section, as 112–40, see section 233 of Pub. L. 112–40, set out as a note amended by Pub. L. 111–5 and Pub. L. 111–344 and as in preceding section 2271 of this title. effect on Feb. 12, 2011, were temporarily revived, effec- EFFECTIVE DATE OF 2010 AMENDMENT tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment Amendment by Pub. L. 111–344 effective Jan. 1, 2011, notes, Effective and Termination Dates of 2009 Amend- see section 101(d) of Pub. L. 111–344, set out as a note ment notes, Effective Date of 2010 Amendment note, preceding section 2271 of this title. and Effective and Termination Dates of 2011 Revival note below. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT AMENDMENTS Except as otherwise provided and subject to certain 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- applicability provisions, amendment by Pub. L. 111–5 vived the provisions of this section, as in effect on Feb. effective upon the expiration of the 90-day period begin- 12, 2011. See Codification note above and 2009 and 2010 ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, Amendment and Effective and Termination Dates of set out as a note under section 2271 of this title. 2011 Revival notes below. Section 1893 of Pub. L. 111–5, which provided that, ex- Subsec. (a). Pub. L. 112–40, §§ 217, 233, temporarily sub- cept as otherwise provided, amendment by Pub. L. 111–5 stituted ‘‘December 31, 2013’’ for ‘‘February 12, 2011’’. not applicable on or after Feb. 13, 2011, and that this See Codification note above and Effective and Termi- section be applied and administered beginning Feb. 13, nation Dates of 2011 Revival note below. Subsec. (c). Pub. L. 112–40, §§ 214(c), 233, temporarily 2011, as if amendment by Pub. L. 111–5 had never been added subsec. (c). See Codification note above and Ef- enacted, with certain exceptions, was repealed by Pub. fective and Termination Dates of 2011 Revival note L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See below. Codification note above. 2010—Subsec. (a). Pub. L. 111–344 substituted ‘‘Feb- EFFECTIVE DATE OF 2007 AMENDMENT ruary 12, 2011’’ for ‘‘December 31, 2010’’. See Codifica- tion note above. Pub. L. 110–89, § 1(e), Sept. 28, 2007, 121 Stat. 982, pro- 2009—Subsec. (a). Pub. L. 111–5, §§ 1892(a), 1893, tempo- vided that: ‘‘The amendments made by this section rarily substituted ‘‘December 31, 2010’’ for ‘‘December [amending this section and sections 2346 and 2401g of 31, 2007’’. See Codification note above and Effective and this title and provisions set out as a note preceding sec- Termination Dates of 2009 Amendment note below. tion 2271 of this title] shall be effective as of October 1, 2007—Subsec. (a). Pub. L. 110–89 substituted ‘‘Decem- 2007.’’ ber 31, 2007’’ for ‘‘September 30, 2007’’. 2006—Subsec. (a). Pub. L. 109–280 struck out ‘‘, other EFFECTIVE DATE OF 2006 AMENDMENT than subpart D’’ before period at end. 2002—Subsec. (a). Pub. L. 107–210, § 111(a), substituted Amendment by Pub. L. 109–280 applicable with re- ‘‘October 1, 2001, and ending September 30, 2007,’’ for spect to goods entered, or withdrawn from warehouse ‘‘October 1, 1998, and ending September 30, 2001,’’. for consumption, on or after the 15th day after Aug. 17, Subsec. (b). Pub. L. 107–210, § 120, amended heading 2006, see section 1641 of Pub. L. 109–280, set out as a note and text of subsec. (b) generally. Prior to amendment, under section 58c of this title. text read as follows: ‘‘There are authorized to be appro- EFFECTIVE DATE OF 2002 AMENDMENT priated to the Department of Labor, for the period beginning October 1, 2001, and ending September 30, 2007, Amendment by Pub. L. 107–210 applicable to petitions such sums as may be necessary to carry out the pur- for certification filed under this part or part 3 of this poses of subpart D of this part.’’ subchapter on or after the date that is 90 days after Pub. L. 107–210, § 111(a), substituted ‘‘October 1, 2001, Aug. 6, 2002, except as otherwise provided, see section and ending September 30, 2007,’’ for ‘‘October 1, 1998, 151 of Pub. L. 107–210, set out as a note preceding sec- and ending September 30, 2001,’’. tion 2271 of this title. 1999—Subsecs. (a), (b). Pub. L. 106–113 substituted ‘‘September 30, 2001’’ for ‘‘June 30, 1999’’. EFFECTIVE DATE OF 1999 AMENDMENT 1998—Subsec. (a). Pub. L. 105–277, § 1012(a)(1), substituted ‘‘for the period beginning October 1, 1998, and Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(e)], ending June 30, 1999,’’ for ‘‘for each of the fiscal years Nov. 29, 1999, 113 Stat. 1536, 1501A–319, provided that: 1993, 1994, 1995, 1996, 1997, and 1998,’’. ‘‘The amendments made by this section [amending this Subsec. (b). Pub. L. 105–277, § 1012(a)(2), substituted section and sections 2331 and 2346 of this title and pro- ‘‘for the period beginning October 1, 1998, and ending visions set out as a note preceding section 2271 of this June 30, 1999,’’ for ‘‘for each of fiscal years 1994, 1995, title] shall be effective as of July 1, 1999.’’ 1996, 1997, and 1998,’’. EFFECTIVE DATE OF 1993 AMENDMENT 1993—Pub. L. 103–182 designated existing provisions as subsec. (a), inserted heading and ‘‘, other than subpart Amendment by Pub. L. 103–182 effective on the date D’’ after ‘‘this part’’, and added subsec. (b). the North American Free Trade Agreement enters into Pub. L. 103–66 substituted ‘‘1993, 1994, 1995, 1996, 1997, force with respect to the United States [Jan. 1, 1994], and 1998’’ for ‘‘1988, 1989, 1990, 1991, 1992, and 1993’’. see section 506(a) of Pub. L. 103–182, set out as a note 1988—Pub. L. 100–418 substituted ‘‘1988, 1989, 1990, 1991, under section 2271 of this title. 1992, and 1993’’ for ‘‘1986, 1987, 1988, 1989, 1990, and 1991’’. 1986—Pub. L. 99–272 substituted ‘‘1986, 1987, 1988, 1989, EFFECTIVE DATE OF 1986 AMENDMENT 1990, and 1991’’ for ‘‘1982 through 1985’’. 1983—Pub. L. 98–120 substituted ‘‘each of the fiscal Parts 2 and 3 of this subchapter to be applied as if the years 1982 through 1985’’ for ‘‘each of fiscal years 1982 amendment of this section by Pub. L. 99–272 had taken and 1983’’. effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, 1981—Pub. L. 97–35 substituted provisions relating to set out as a note under section 2291 of this title. authorization of appropriations for fiscal years 1982 and EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION 1983 for provisions relating to establishment of the Ad- PROVISIONS justment Assistance Trust Fund. Amendment by Pub. L. 97–35 effective Aug. 13, 1981, EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL with transition provisions applicable, see section 2514 For temporary revival and applicability of provisions of Pub. L. 97–35, set out as a note under section 2291 of as in effect on Feb. 12, 2011, see sections 201(b), (c) and this title. Page 565 TITLE 19—CUSTOMS DUTIES § 2318

TERMINATION DATE (iv) is not employed at the firm from No trade adjustment assistance, vouchers, allow- which the worker was separated. ances, or other payments or benefits may be provided (4) Eligibility period for payments under this section after Dec. 31, 2013, except as other- (A) Worker who has not received trade read- wise provided, see section 285 of Pub. L. 93–618, set out justment allowance as a note preceding section 2271 of this title. In the case of a worker described in para- § 2318. Reemployment trade adjustment assist- graph (3)(B) who has not received a trade re- ance program adjustment allowance under division I of (a) In general subpart B pursuant to the certification described in paragraph (3)(A), the worker may (1) Establishment receive benefits described in paragraph (2) The Secretary shall establish a reemploy- for a period not to exceed 2 years beginning ment trade adjustment assistance program on the earlier of— that provides the benefits described in para- (i) the date on which the worker ex- graph (2). hausts all rights to unemployment insur- (2) Benefits ance based on the separation of the worker (A) Payments from the adversely affected employment that is the basis of the certification; or A State shall use the funds provided to the (ii) the date on which the worker obtains State under section 2313 of this title to pay, reemployment described in paragraph for the eligibility period under subparagraph (3)(B). (A) or (B) of paragraph (4) (as the case may (B) Worker who has received trade readjust- be), to a worker described in paragraph ment allowance (3)(B), 50 percent of the difference between— (i) the wages received by the worker at In the case of a worker described in para- the time of separation; and graph (3)(B) who has received a trade read- (ii) the wages received by the worker justment allowance under division I of sub- from reemployment. part B pursuant to the certification described in paragraph (3)(A), the worker may (B) Health insurance receive benefits described in paragraph (2) A worker described in paragraph (3)(B) for a period of 104 weeks beginning on the participating in the program established date on which the worker obtains reemploy- under paragraph (1) is eligible to receive, for ment described in paragraph (3)(B), reduced the eligibility period under subparagraph (A) by the total number of weeks for which the or (B) of paragraph (4) (as the case may be), worker received such trade readjustment al- a credit for health insurance costs under sec- lowance. tion 35 of title 26. (5) Total amount of payments (C) Training and other services (A) In general A worker described in paragraph (3)(B) The payments described in paragraph participating in the program established (2)(A) made to a worker may not exceed— under paragraph (1) is eligible to receive (i) $10,000 per worker during the eligi- training approved under section 2296 of this bility period under paragraph (4)(A); or title and employment and case management (ii) the amount described in subpara- services under section 2295 of this title. graph (B) per worker during the eligibility (3) Eligibility period under paragraph (4)(B). (A) In general (B) Amount described A group of workers certified under subpart The amount described in this subpara- A as eligible for adjustment assistance under graph is the amount equal to the product subpart A is eligible for benefits described in of— paragraph (2) under the program established (i) $10,000, and under paragraph (1). (ii) the ratio of— (I) the total number of weeks in the (B) Individual eligibility eligibility period under paragraph (4)(B) A worker in a group of workers described with respect to the worker, to in subparagraph (A) may elect to receive (II) 104 weeks. benefits described in paragraph (2) under the (6) Calculation of amount of payments for cer- program established under paragraph (1) if tain workers the worker— (A) In general (i) is at least 50 years of age; (ii) earns not more than $50,000 each year In the case of a worker described in para- in wages from reemployment; graph (3)(B)(iii)(II), paragraph (2)(A) shall be (iii)(I) is employed on a full-time basis as applied by substituting the percentage de- defined by the law of the State in which scribed in subparagraph (B) for ‘‘50 percent’’. the worker is employed and is not enrolled (B) Percentage described in a training program approved under sec- The percentage described in this subpara- tion 2296 of this title; or graph is the percentage— (II) is employed at least 20 hours per (i) equal to 1⁄2 of the ratio of— week and is enrolled in a training program (I) the number of weekly hours of em- approved under section 2296 of this title; ployment of the worker referred to in and paragraph (3)(B)(iii)(II), to § 2318 TITLE 19—CUSTOMS DUTIES Page 566

(II) the number of weekly hours of em- visions for events taking place during specified periods ployment of the worker at the time of prior to the effective date of this part, prior to repeal separation, but by Pub. L. 97–35, title XXV, § 2513(c), Aug. 13, 1981, 95 Stat. 889. (ii) in no case more than 50 percent. AMENDMENTS (7) Limitation on other benefits 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- A worker described in paragraph (3)(B) may vived the provisions of this section, as in effect on Feb. not receive a trade readjustment allowance 12, 2011. See Codification note above and 2009 and 2010 under division I of subpart B pursuant to the Amendment and Effective and Termination Dates of certification described in paragraph (3)(A) dur- 2011 Revival notes below. ing any week for which the worker receives a Subsec. (a)(3)(B)(ii). Pub. L. 112–40, §§ 215(a)(1), 233, payment described in paragraph (2)(A). temporarily substituted ‘‘$50,000’’ for ‘‘$55,000’’. See Codification note above and Effective and Termination (b) Termination Dates of 2011 Revival note below. (1) In general Subsec. (a)(5)(A)(i), (B)(i). Pub. L. 112–40, §§ 215(a)(2), 233, temporarily substituted ‘‘$10,000’’ for ‘‘$12,000’’. See Except as provided in paragraph (2), no pay- Codification note above and Effective and Termination ments may be made by a State under the pro- Dates of 2011 Revival note below. gram established under subsection (a)(1) of Subsec. (b)(1). Pub. L. 112–40, §§ 215(b), 233, tempo- this section after December 31, 2013. rarily substituted ‘‘December 31, 2013’’ for ‘‘February 12, 2011’’. See Codification note above and Effective and (2) Exception Termination Dates of 2011 Revival note below. Notwithstanding paragraph (1), a worker re- 2010—Subsec. (b)(1). Pub. L. 111–344 substituted ‘‘Feb- ceiving payments under the program estab- ruary 12, 2011’’ for ‘‘December 31, 2010’’. See Codifica- lished under subsection (a)(1) of this section tion note above. on the termination date described in para- 2009—Pub. L. 111–5, §§ 1841(a)(1), 1893, temporarily substituted ‘‘Reemployment trade adjustment assistance graph (1) shall continue to receive such pay- program’’ for ‘‘Demonstration project for alternative ments if the worker meets the criteria de- trade adjustment assistance for older workers’’ in sec- scribed in subsection (a)(3) of this section. tion catchline. See Codification note above and Effec- (Pub. L. 93–618, title II, § 246, as added Pub. L. tive and Termination Dates of 2009 Amendment note below. 107–210, div. A, title I, § 124(a), Aug. 6, 2002, 116 Subsec. (a)(1). Pub. L. 111–5, §§ 1841(a)(2)(A), 1893, tem- Stat. 944; amended Pub. L. 108–429, title II, porarily substituted ‘‘The Secretary’’ for ‘‘Not later § 2004(a)(7), Dec. 3, 2004, 118 Stat. 2590; Pub. L. than 1 year after August 6, 2002, the Secretary’’ and ‘‘a 111–5, div. B, title I, § 1841(a), (b), Feb. 17, 2009, reemployment trade adjustment assistance program’’ 123 Stat. 386, 389; Pub. L. 111–344, title I, for ‘‘an alternative trade adjustment assistance pro- § 101(c)(3), Dec. 29, 2010, 124 Stat. 3613; Pub. L. gram for older workers’’. See Codification note above 112–40, title II, §§ 201(b), (c), 215, Oct. 21, 2011, 125 and Effective and Termination Dates of 2009 Amend- ment note below. Stat. 403, 407.) Subsec. (a)(2)(A). Pub. L. 111–5, §§ 1841(a)(2)(B)(i)(I), REVERSION TO PROVISIONS IN EFFECT ON 1893, temporarily substituted ‘‘for the eligibility period FEBRUARY 13, 2011 under subparagraph (A) or (B) of paragraph (4) (as the case may be)’’ for ‘‘for a period not to exceed 2 years’’ For reversion, beginning on Jan. 1, 2014, to in introductory provisions. See Codification note above provisions in effect on Feb. 13, 2011, with cer- and Effective and Termination Dates of 2009 Amend- tain exceptions and subject to section 233(b) of ment note below. Pub. L. 112–40, see Codification and Effective Subsec. (a)(2)(A)(i), (ii). Pub. L. 111–5, and Termination Dates of 2011 Revival notes §§ 1841(a)(2)(B)(i)(II), 1893, temporarily added cls. (i) and below. (ii) and struck out former cls. (i) and (ii) which read as follows: CODIFICATION ‘‘(i) the wages received by the worker from reemployment; and Section 1893 of Pub. L. 111–5, which provided for Feb. ‘‘(ii) the wages received by the worker at the time of 13, 2011, termination of amendment by Pub. L. 111–5, separation.’’ was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, See Codification note above and Effective and Termi- 2011, 125 Stat. 403, and the provisions of this section, as nation Dates of 2009 Amendment note below. amended by Pub. L. 111–5 and Pub. L. 111–344 and as in Subsec. (a)(2)(B). Pub. L. 111–5, §§ 1841(a)(2)(B)(ii), 1893, effect on Feb. 12, 2011, were temporarily revived, effec- temporarily substituted ‘‘for the eligibility period tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, under subparagraph (A) or (B) of paragraph (4) (as the §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment case may be)’’ for ‘‘for a period not to exceed 2 years’’ notes, Effective and Termination Dates of 2009 Amend- and struck out ‘‘, as added by section 201 of the Trade ment notes, Effective Date of 2010 Amendment note, Act of 2002’’ before period. See Codification note above and Effective and Termination Dates of 2011 Revival and Effective and Termination Dates of 2009 Amend- note below. ment note below. Subsec. (a)(2)(C). Pub. L. 111–5, §§ 1841(a)(2)(B)(iii), PRIOR PROVISIONS 1893, temporarily added subpar. (C). See Codification A prior section 2318, Pub. L. 93–618, title II, § 246, as note above and Effective and Termination Dates of 2009 added Pub. L. 100–418, title I, § 1423(d)(1), Aug. 23, 1988, Amendment note below. 102 Stat. 1246; amended Pub. L. 101–382, title I, § 136, Subsec. (a)(3) to (7). Pub. L. 111–5, §§ 1841(a)(2)(C), 1893, Aug. 20, 1990, 104 Stat. 652, related to supplemental temporarily added pars. (3) to (7) and struck out former wage allowance demonstration projects, prior to repeal pars. (3) to (5) which related to eligibility, total by Pub. L. 107–210, div. A, title I, §§ 124(a), 151, Aug. 6, amount of payments, and limitation on other benefits, 2002, 116 Stat. 944, 953, applicable to petitions for cer- respectively. See Codification note above and Effective tification filed under this part or part 3 of this sub- and Termination Dates of 2009 Amendment note below. chapter on or after the date that is 90 days after Aug. Subsec. (b)(1). Pub. L. 111–5, §§ 1841(b), 1893, tempo- 6, 2002. rarily substituted ‘‘December 31, 2010.’’ for ‘‘the date Another prior section 2318, Pub. L. 93–618, title II, that is 5 years after the date on which such program is § 246, Jan. 3, 1975, 88 Stat. 2027, contained transition pro- implemented by the State.’’ See Codification note Page 567 TITLE 19—CUSTOMS DUTIES § 2319 above and Effective and Termination Dates of 2009 individual in the high quarter. For purposes of Amendment note below. this computation, the high quarter shall be Subsec. (b)(2). Pub. L. 111–5, §§ 1841(a)(3), 1893, tempo- that quarter in which the individual’s total rarily substituted ‘‘subsection (a)(3)’’ for ‘‘subsection wages were highest among the first 4 of the (a)(3)(B)’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. last 5 completed calendar quarters imme- 2004—Subsec. (a)(3)(B)(iii). Pub. L. 108–429, diately before the quarter in which occurs the § 2004(a)(7)(A), struck out ‘‘and’’ after semicolon. week with respect to which the computation is Subsec. (a)(5). Pub. L. 108–429, § 2004(a)(7)(B), sub- made. Such week shall be the week in which stituted ‘‘paragraph (2)(B)’’ for ‘‘section 2298(a)(2)(B) of total separation occurred, or, in cases where this title’’. partial separation is claimed, an appropriate Subsec. (b)(2). Pub. L. 108–429, § 2004(a)(7)(C), sub- week, as defined in regulations prescribed by stituted ‘‘if’’ for ‘‘provided that’’. the Secretary. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL (5) The term ‘‘average weekly hours’’ means For temporary revival and applicability of provisions the average hours worked by the individual as in effect on Feb. 12, 2011, see sections 201(b), (c) and (excluding overtime) in the employment from 233 of Pub. L. 112–40, set out as notes preceding section which he has been or claims to have been sepa- 2271 of this title. For reversion, beginning on Jan. 1, rated in the 52 weeks (excluding weeks during 2014, to provisions in effect on Feb. 13, 2011, with cer- which the individual was sick or on vacation) tain exceptions and subject to section 233(b) of Pub. L. preceding the week specified in the last sen- 112–40, see section 233 of Pub. L. 112–40, set out as a note tence of paragraph (4). preceding section 2271 of this title. (6) The term ‘‘partial separation’’ means, EFFECTIVE DATE OF 2010 AMENDMENT with respect to an individual who has not been totally separated, that he has had— Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note (A) his hours of work reduced to 80 percent preceding section 2271 of this title. or less of his average weekly hours in adversely affected employment, and EFFECTIVE AND TERMINATION DATES OF 2009 (B) his wages reduced to 80 percent or less AMENDMENT of his average weekly wage in such adversely Except as otherwise provided and subject to certain affected employment. applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- (7) The term ‘‘State’’ includes the District of ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, Columbia and the Commonwealth of Puerto set out as a note under section 2271 of this title. Rico; and the term ‘‘United States’’ when used Section 1893 of Pub. L. 111–5, which provided that, ex- in the geographical sense includes such Com- cept as otherwise provided, amendment by Pub. L. 111–5 monwealth. not applicable on or after Feb. 13, 2011, and that this (8) The term ‘‘State agency’’ means the section be applied and administered beginning Feb. 13, agency of the State which administers the 2011, as if amendment by Pub. L. 111–5 had never been State law. enacted, with certain exceptions, was repealed by Pub. (9) The term ‘‘State law’’ means the unem- L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See ployment insurance law of the State approved Codification note above. by the Secretary of Labor under section 3304 of EFFECTIVE DATE title 26. Section applicable to petitions for certification filed (10) The term ‘‘total separation’’ means the under this part or part 3 of this subchapter on or after layoff or severance of an individual from em- the date that is 90 days after Aug. 6, 2002, except as ployment with a firm in which adversely af- otherwise provided, see section 151 of Pub. L. 107–210, fected employment exists. set out as an Effective Date of 2002 Amendment note (11) The term ‘‘unemployment insurance’’ preceding section 2271 of this title. means the unemployment compensation pay- TERMINATION DATE able to an individual under any State law or Federal unemployment compensation law, in- No trade adjustment assistance, vouchers, allow- cluding chapter 85 of title 5 and the Railroad ances, or other payments or benefits may be provided under this section after Dec. 31, 2013, except as other- Unemployment Insurance Act [45 U.S.C. 351 et wise provided, see section 285 of Pub. L. 93–618, set out seq.]. The terms ‘‘regular compensation’’, ‘‘ad- as a note preceding section 2271 of this title. ditional compensation’’, and ‘‘extended compensation’’ have the same respective meanings § 2319. Definitions that are given them in section 205(2), (3), and For purposes of this part— (4) of the Federal-State Extended Unemploy- (1) The term ‘‘adversely affected employment Compensation Act of 1970 (26 U.S.C. 3304 ment’’ means employment in a firm, if work- note). ers of such firm are eligible to apply for ad- (12) The term ‘‘week’’ means a week as de- justment assistance under this part. fined in the applicable State law. (2) The term ‘‘adversely affected worker’’ (13) The term ‘‘week of unemployment’’ means an individual who, because of lack of means a week of total, part-total, or partial work in adversely affected employment, has unemployment as determined under the appli- been totally or partially separated from such cable State law or Federal unemployment insurance law. employment. (14) The term ‘‘benefit period’’ means, with (3) The term ‘‘firm’’ means— respect to an individual— (A) a firm, including an agricultural firm (A) the benefit year and any ensuing pe- or service sector firm; or riod, as determined under applicable State (B) an appropriate subdivision thereof. law, during which the individual is eligible (4) The term ‘‘average weekly wage’’ means for regular compensation, additional com- one-thirteenth of the total wages paid to an pensation, or extended compensation, or § 2319 TITLE 19—CUSTOMS DUTIES Page 568

(B) the equivalent to such a benefit year or AMENDMENTS ensuing period provided for under the appli- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- cable Federal unemployment insurance law. vived the provisions of this section, as in effect on Feb. (15) The term ‘‘on-the-job training’’ means 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- training provided by an employer to an indi- vival notes below. vidual who is employed by the employer. Par. (3). Pub. L. 112–40, §§ 211(b)(1)(A), 233, temporarily (16)(A) The term ‘‘job search program’’ substituted ‘‘The term’’ for ‘‘Subject to section means a job search workshop or job finding 2272(d)(5) of this title, the term’’ in introductory provi- club. sions. See Codification note above and Effective and (B) The term ‘‘job search workshop’’ means Termination Dates of 2011 Revival note below. a short (1 to 3 days) seminar designed to pro- Par. (3)(A). Pub. L. 112–40, §§ 211(b)(1)(B), 233, tempo- vide participants with knowledge that will en- rarily substituted ‘‘or service sector firm’’ for ‘‘, service sector firm, or public agency’’. See Codifica- able the participants to find jobs. Subjects are tion note above and Effective and Termination Dates of not limited to, but should include, labor mar- 2011 Revival note below. ket information, resume writing, interviewing Pars. (7) to (19). Pub. L. 112–40, §§ 211(b)(2), (3), 233, techniques, and techniques for finding job temporarily redesignated pars. (8) to (19) as (7) to (18), openings. respectively, and temporarily struck out former par. (7) (C) The term ‘‘job finding club’’ means a job which read as follows: ‘‘The term ‘public agency’ means search workshop which includes a period (1 to a department or agency of a State or local government or of the Federal Government, or a subdivision there- 2 weeks) of structured, supervised activity in of.’’ See Codification note above and Effective and Ter- which participants attempt to obtain jobs. mination Dates of 2011 Revival note below. (17) The term ‘‘service sector firm’’ means a 2009—Par. (1). Pub. L. 111–5, §§ 1801(a)(1), 1893, tempo- firm engaged in the business of supplying serv- rarily struck out ‘‘or appropriate subdivision of a firm’’ ices. after ‘‘employment in a firm’’ and ‘‘or subdivision’’ (18) The term ‘‘adversely affected incumbent after ‘‘workers of such firm’’. See Codification note worker’’ means a worker who— above and Effective and Termination Dates of 2009 (A) is a member of a group of workers who Amendment note below. Par. (2). Pub. L. 111–5, §§ 1801(a)(2), 1893, temporarily have been certified as eligible to apply for substituted ‘‘employment, has been totally or partially adjustment assistance under subpart A; separated from such employment.’’ for ‘‘employment— (B) has not been totally or partially sepa- ‘‘(A) has been totally or partially separated from rated from adversely affected employment; such employment, or and ‘‘(B) has been totally separated from employment (C) the Secretary determines, on an indi- with the firm in a subdivision of which such ad- vidual basis, is threatened with total or par- versely affected employment exists.’’ tial separation. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. (Pub. L. 93–618, title II, § 247, Jan. 3, 1975, 88 Stat. Pars. (3), (7). Pub. L. 111–5, §§ 1801(a)(3), (4), 1893, tem- 2028; Pub. L. 97–35, title XXV, § 2511, Aug. 13, porarily added pars. (3) and (7). See Codification note 1981, 95 Stat. 888; Pub. L. 99–272, title XIII, above and Effective and Termination Dates of 2009 §§ 13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303; Amendment note below. Par. (11). Pub. L. 111–5, §§ 1801(a)(5), 1893, temporarily Pub. L. 111–5, div. B, title I, §§ 1801(a), 1830(a)(2), struck out ‘‘, or in a subdivision of which,’’ after ‘‘firm Feb. 17, 2009, 123 Stat. 367, 384; Pub. L. 112–40, in which’’. See Codification note above and Effective title II, §§ 201(b), (c), 211(b), Oct. 21, 2011, 125 Stat. and Termination Dates of 2009 Amendment note below. 403.) Pars. (18), (19). Pub. L. 111–5, §§ 1801(a)(6), 1830(a)(2), 1893, temporarily added pars. (18) and (19). See Codifica- REVERSION TO PROVISIONS IN EFFECT ON tion note above and Effective and Termination Dates of FEBRUARY 13, 2011 2009 Amendment note below. For reversion, beginning on Jan. 1, 2014, to 1986—Pars. (16), (17). Pub. L. 99–272 added pars. (16) provisions in effect on Feb. 13, 2011, with cer- and (17). tain exceptions and subject to section 233(b) of 1981—Par. (3). Pub. L. 97–35, § 2511(1), struck out par. (3) defining ‘‘average weekly manufacturing wage’’. Pub. L. 112–40, see Codification and Effective Par. (7). Pub. L. 97–35, § 2511(1), struck out par. (7) de- and Termination Dates of 2011 Revival notes fining ‘‘remuneration’’. below. Par. (12). Pub. L. 97–35, § 2511(2), revised par. (12) generally, inserting definitions of ‘‘regular compensation’’, REFERENCES IN TEXT ‘‘additional compensation’’, and ‘‘extended compensa- The Railroad Unemployment Insurance Act, referred tion’’. to in par. (11), is act June 25, 1938, ch. 680, 52 Stat. 1094, Par. (14). Pub. L. 97–35, § 2511(3), substituted provi- which is classified principally to chapter 11 (§ 351 et sions requiring determination under the applicable seq.) of Title 45, Railroads. For complete classification State law or Federal unemployment insurance law for of this Act to the Code, see section 367 of Title 45 and provisions requiring computation applying percent of Tables. average weekly wage and time spent prior to separation. CODIFICATION Par. (15). Pub. L. 97–35, § 2511(4), added par. (15). Section 1893 of Pub. L. 111–5, which provided for Feb. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, For temporary revival and applicability of provisions 2011, 125 Stat. 403, and the provisions of this section, as as in effect on Feb. 12, 2011, see sections 201(b), (c) and amended by Pub. L. 111–5 and as in effect on Feb. 12, 233 of Pub. L. 112–40, set out as notes preceding section 2011, were temporarily revived, effective Oct. 21, 2011, 2271 of this title. For reversion, beginning on Jan. 1, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2014, to provisions in effect on Feb. 13, 2011, with cer- 2009 and 2011 Amendment notes, Effective and Termi- tain exceptions and subject to section 233(b) of Pub. L. nation Dates of 2009 Amendment notes, and Effective 112–40, see section 233 of Pub. L. 112–40, set out as a note and Termination Dates of 2011 Revival note below. preceding section 2271 of this title. Page 569 TITLE 19—CUSTOMS DUTIES § 2321

EFFECTIVE AND TERMINATION DATES OF 2009 2009—Pub. L. 111–5, §§ 1857, 1893, temporarily des- AMENDMENT ignated existing provisions as subsec. (a), inserted heading, and added subsec. (b). See Codification note Except as otherwise provided and subject to certain above and Effective and Termination Dates of 2009 applicability provisions, amendment by Pub. L. 111–5 Amendment note below. effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- For temporary revival and applicability of provisions cept as otherwise provided, amendment by Pub. L. 111–5 as in effect on Feb. 12, 2011, see sections 201(b), (c) and not applicable on or after Feb. 13, 2011, and that this 233 of Pub. L. 112–40, set out as notes preceding section section be applied and administered beginning Feb. 13, 2271 of this title. For reversion, beginning on Jan. 1, 2011, as if amendment by Pub. L. 111–5 had never been 2014, to provisions in effect on Feb. 13, 2011, with cer- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), tain exceptions and subject to section 233(b) of Pub. L. Oct. 21, 2011, 125 Stat. 403. See Codification note above. 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title. EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Amendment by Pub. L. 97–35 applicable to allowances payable for weeks of unemployment which begin after Except as otherwise provided and subject to certain Sept. 30, 1981, with transition provisions applicable, see applicability provisions, amendment by Pub. L. 111–5 section 2514 of Pub. L. 97–35, set out as a note under sec- effective upon the expiration of the 90-day period begin- tion 2291 of this title. ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. TERMINATION DATE Section 1893 of Pub. L. 111–5, which provided that, ex- No trade adjustment assistance, vouchers, allow- cept as otherwise provided, amendment by Pub. L. 111–5 ances, or other payments or benefits may be provided not applicable on or after Feb. 13, 2011, and that this under this section after Dec. 31, 2013, except as other- section be applied and administered beginning Feb. 13, wise provided, see section 285 of Pub. L. 93–618, set out 2011, as if amendment by Pub. L. 111–5 had never been as a note preceding section 2271 of this title. enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. § 2320. Regulations TERMINATION DATE (a) In general No trade adjustment assistance, vouchers, allow- The Secretary shall prescribe such regulations ances, or other payments or benefits may be provided as may be necessary to carry out the provisions under this section after Dec. 31, 2013, except as other- of this part. wise provided, see section 285 of Pub. L. 93–618, set out (b) Consultations as a note preceding section 2271 of this title. Not later than 90 days before issuing a regula- § 2321. Subpoena power tion under subsection (a), the Secretary shall consult with the Committee on Finance of the (a) Subpoena by Secretary Senate and the Committee on Ways and Means The Secretary may require by subpoena the of the House of Representatives with respect to attendance of witnesses and the production of the regulation. evidence necessary for the Secretary to make a determination under the provisions of this part. (Pub. L. 93–618, title II, § 248, Jan. 3, 1975, 88 Stat. 2029; Pub. L. 111–5, div. B, title I, § 1857, Feb. 17, (b) Court order 2009, 123 Stat. 395; Pub. L. 112–40, title II, § 201(b), If a person refuses to obey a subpoena issued (c), Oct. 21, 2011, 125 Stat. 403.) under subsection (a) of this section, a United REVERSION TO PROVISIONS IN EFFECT ON States district court within the jurisdiction of FEBRUARY 13, 2011 which the relevant proceeding under this part is conducted may, upon petition by the Secretary, For reversion, beginning on Jan. 1, 2014, to issue an order requiring compliance with such provisions in effect on Feb. 13, 2011, with cer- subpoena. tain exceptions and subject to section 233(b) of Pub. L. 112–40, see Codification and Effective (Pub. L. 93–618, title II, § 249, Jan. 3, 1975, 88 Stat. and Termination Dates of 2011 Revival notes 2029; Pub. L. 111–5, div. B, title I, § 1858(c), Feb. below. 17, 2009, 123 Stat. 395; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403.) CODIFICATION Section 1893 of Pub. L. 111–5, which provided for Feb. REVERSION TO PROVISIONS IN EFFECT ON 13, 2011, termination of amendment by Pub. L. 111–5, FEBRUARY 13, 2011 was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, For reversion, beginning on Jan. 1, 2014, to 2011, 125 Stat. 403, and the provisions of this section, as provisions in effect on Feb. 13, 2011, with cer- amended by Pub. L. 111–5 and as in effect on Feb. 12, tain exceptions and subject to section 233(b) of 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Pub. L. 112–40, see Codification and Effective 2009 and 2011 Amendment notes, Effective and Termi- and Termination Dates of 2011 Revival notes nation Dates of 2009 Amendment notes, and Effective below. and Termination Dates of 2011 Revival note below. CODIFICATION AMENDMENTS Section 1893 of Pub. L. 111–5, which provided for Feb. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- 13, 2011, termination of amendment by Pub. L. 111–5, vived the provisions of this section, as in effect on Feb. was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 12, 2011. See Codification note above and 2009 Amend- 2011, 125 Stat. 403, and the provisions of this section, as ment and Effective and Termination Dates of 2011 Re- amended by Pub. L. 111–5 and as in effect on Feb. 12, vival notes below. 2011, were temporarily revived, effective Oct. 21, 2011, § 2322 TITLE 19—CUSTOMS DUTIES Page 570 until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See (A) making determinations under section 2009 and 2011 Amendment notes, Effective and Termi- 2273 of this title; nation Dates of 2009 Amendment notes, and Effective (B) providing information under section and Termination Dates of 2011 Revival note below. 2275 of this title about trade adjustment as- AMENDMENTS sistance to workers and assisting such work- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- ers to prepare petitions or applications for vived the provisions of this section, as in effect on Feb. program benefits; 12, 2011. See Codification note above and 2009 Amend- (C) providing assistance to employers of ment and Effective and Termination Dates of 2011 Re- groups of workers that have filed petitions vival notes below. under section 2271 of this title in submitting 2009—Pub. L. 111–5, §§ 1858(c)(1), (2), 1893, temporarily information required by the Secretary relat- substituted ‘‘Subpoena’’ for ‘‘Subpena’’ in section ing to the petitions; catchline and ‘‘subpoena’’ for ‘‘subpena’’ wherever ap- (D) ensuring workers covered by a certifi- pearing in text. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note cation of eligibility under subpart A receive below. the employment and case management serv- Subsec. (a). Pub. L. 111–5, §§ 1858(c)(3), 1893, tempo- ices described in section 2295 of this title; rarily substituted ‘‘the Secretary’’ for ‘‘him’’. See Codi- (E) ensuring that States fully comply with fication note above and Effective and Termination agreements entered into under section 2311 Dates of 2009 Amendment note below. of this title; EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL (F) advocating for workers applying for benefits available under this part; For temporary revival and applicability of provisions (G) establishing and overseeing a hotline as in effect on Feb. 12, 2011, see sections 201(b), (c) and that workers, employers, and other entities 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, may call to obtain information regarding 2014, to provisions in effect on Feb. 13, 2011, with cer- eligibility criteria, procedural requirements, tain exceptions and subject to section 233(b) of Pub. L. and benefits available under this part; and 112–40, see section 233 of Pub. L. 112–40, set out as a note (H) carrying out such other duties with re- preceding section 2271 of this title. spect to this part as the Secretary specifies for purposes of this section. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT (d) Administration Except as otherwise provided and subject to certain (1) Designation applicability provisions, amendment by Pub. L. 111–5 The administrator shall designate an em- effective upon the expiration of the 90-day period begin- ployee of the Department of Labor with appro- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, priate experience and expertise to carry out set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- the duties described in paragraph (2). cept as otherwise provided, amendment by Pub. L. 111–5 (2) Duties not applicable on or after Feb. 13, 2011, and that this The employee designated under paragraph section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been (1) shall— enacted, was repealed by Pub. L. 112–40, title II, § 201(a), (A) receive complaints and requests for as- Oct. 21, 2011, 125 Stat. 403. See Codification note above. sistance related to the trade adjustment assistance program under this part; TERMINATION DATE (B) resolve such complaints and requests No trade adjustment assistance, vouchers, allow- for assistance, in coordination with other ances, or other payments or benefits may be provided employees of the Office; under this section after Dec. 31, 2013, except as other- (C) compile basic information concerning wise provided, see section 285 of Pub. L. 93–618, set out such complaints and requests for assistance; as a note preceding section 2271 of this title. and § 2322. Office of Trade Adjustment Assistance (D) carry out such other duties with respect to this part as the Secretary specifies (a) Establishment for purposes of this section. There is established in the Department of (Pub. L. 93–618, title II, § 249A, as added Pub. L. Labor an office to be known as the Office of 111–5, div. B, title I, § 1851(a), Feb. 17, 2009, 123 Trade Adjustment Assistance (in this section re- Stat. 389, and Pub. L. 112–40, title II, § 201(b), (c), ferred to as the ‘‘Office’’). Oct. 21, 2011, 125 Stat. 403.) (b) Head of Office TERMINATION OF SECTION The head of the Office shall be an adminis- For termination of section beginning on Jan. trator, who shall report directly to the Deputy 1, 2014, with certain exceptions and subject to Assistant Secretary for Employment and Train- section 233(b) of Pub. L. 112–40, see Codification ing. and Effective and Termination Dates notes (c) Principal functions below.

The principal functions of the administrator CODIFICATION of the Office shall be— (1) to oversee and implement the administra- Section 1893 of Pub. L. 111–5, which provided for Feb. tion of trade adjustment assistance program 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and under this part; and this section, as added by Pub. L. 111–5 and as in effect (2) to carry out functions delegated to the on Feb. 12, 2011, was temporarily revived, effective Oct. Secretary of Labor under this part, includ- 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), ing— 233. See Effective and Termination Dates notes below. Page 571 TITLE 19—CUSTOMS DUTIES § 2323

PRIOR PROVISIONS (D) The average time for processing such pe- A prior section 2322, Pub. L. 93–618, title II, § 249A, as titions. added Pub. L. 103–182, title V, § 503(c), Dec. 8, 1993, 107 (2) Data on benefits received Stat. 2151, prohibited assistance relating to a separation pursuant to certifications under subparts A and D (A) The number of workers receiving bene- of this part, prior to repeal by Pub. L. 107–210, div. A, fits under this part. title I, § 123(b)(2), (c), Aug. 6, 2002, 116 Stat. 944, applica- (B) The number of workers receiving each ble with respect to petitions filed under this part on or type of benefit, including training, trade read- after the date that was 90 days after Aug. 6, 2002, except justment allowances (including such allow- with respect to certain workers. ances classified by payments under paragraphs Another prior section 2322, Pub. L. 93–618, title II, (1) and (3) of section 2293(a) of this title, and § 250, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final deter- section 2293(f) of this title, respectively) and mination by the Secretary under section 2273 of this payments under section 2318 of this title, em- title, prior to repeal by Pub. L. 96–417, title VI, § 612, ployment and case management services, and title VII, § 701(a), Oct. 10, 1980, 94 Stat. 1746, 1747, effec- relocation and job search allowances, and, to tive Nov. 1, 1980, and applicable with respect to civil ac- the extent feasible, credits for health insur- tions pending on or commenced on or after such date. ance costs under section 35 of title 26. See section 2395 of this title. (C) The average time during which such EFFECTIVE AND TERMINATION DATES workers receive each such type of benefit. For temporary revival and applicability of section, as (D) The average number of weeks trade read- in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 justment allowances were paid to workers. of Pub. L. 112–40, set out as Effective and Termination (E) The number of workers who report that Dates of 2011 Revival notes preceding section 2271 of they have received benefits under a prior cer- this title. For termination beginning on Jan. 1, 2014, tification issued under this part in any of the with certain exceptions and subject to section 233(b) of 10 fiscal years preceding the fiscal year for Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out which the data is collected under this section. as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title. (3) Data on training Except as otherwise provided and subject to certain (A) The number of workers enrolled in train- applicability provisions, section effective upon the ex- ing approved under section 2296 of this title, piration of the 90-day period beginning on Feb. 17, 2009, classified by major types of training, including see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under classroom training, training through distance section 2271 of this title. learning, training leading to an associate’s de- Section 1893 of Pub. L. 111–5, which provided that, ex- gree, remedial education, prerequisite edu- cept as otherwise provided, section not applicable on or cation, on-the-job training, and customized after Feb. 13, 2011, and that this section be applied and training. administered beginning Feb. 13, 2011, as if this section (B) The number of workers who complete had never been enacted, was repealed by Pub. L. 112–40, training approved under section 2296 of this title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codifica- tion note above. title who were enrolled in pre-layoff training No trade adjustment assistance, vouchers, allow- or part-time training at any time during that ances, or other payments or benefits may be provided training. under this section after Dec. 31, 2013, except as other- (C) The average duration of training, and the wise provided, see section 285 of Pub. L. 93–618, set out average duration of training that does not in- as a Termination Date note preceding section 2271 of clude remedial or prerequisite education. this title. (D) The number of training waivers granted § 2323. Collection and publication of data and re- under section 2291(c) of this title, classified by ports; information to workers type of waiver. (E) The number of workers who complete (a) In general training and the average duration of such Not later than 180 days after February 17, 2009, training. the Secretary shall implement a system to col- (F) The number of workers who do not com- lect and report the data described in subsection plete training and the average duration of the (b), as well as any other information that the training that was completed by such workers. Secretary considers appropriate to effectively (4) Data on outcomes carry out this part. (A) A summary of the quarterly reports re- (b) Data to be included quired under section 2311(j) of this title. The system required under subsection (a) shall (B) A summary of the data on workers in the include collection of and reporting on the fol- quarterly reports required under section lowing data for each fiscal year: 2311(j) of this title classified by the age, pre- (1) Data on petitions filed, certified, and de- program educational level, and post-program nied credential attainment of the workers. (A) The number of petitions filed, certified, (C) The average earnings of workers de- and denied under this part. scribed in section 2311(j)(2)(A)(i) of this title in (B) The number of workers covered by peti- the second, third, and fourth calendar quarters tions filed, certified, and denied. following the calendar quarter in which such (C) The number of petitions, classified by— workers cease receiving benefits under this (i) the basis for certification, including in- part, expressed as a percentage of the average creased imports, shifts in production, and earnings of such workers in the 3 calendar other bases of eligibility; and quarters before the calendar quarter in which (ii) congressional district of the United such workers began receiving benefits under States. this part. § 2323 TITLE 19—CUSTOMS DUTIES Page 572

(D) The sectors in which workers are em- TERMINATION OF SECTION ployed after receiving benefits under this part. For termination of section beginning on Jan. (5) Data on rapid response activities 1, 2014, with certain exceptions and subject to Whether rapid response activities were pro- section 233(b) of Pub. L. 112–40, see Codification vided with respect to each petition filed under and Effective and Termination Dates notes section 2271 of this title. below. (6) Data on spending CODIFICATION (A) The total amount of funds used to pay Section 1893 of Pub. L. 111–5, which provided for Feb. for trade readjustment allowances, in the ag- 13, 2011, termination of section, was repealed by Pub. L. gregate and by each State. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and (B) The total amount of the payments to the this section, as added by Pub. L. 111–5 and as in effect States to carry out sections 2295 through 2298 on Feb. 12, 2011, was temporarily revived, effective Oct. of this title used for training, in the aggregate 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates notes below. and for each State. (C) The total amount of payments to the AMENDMENTS States to carry out sections 2295 through 2298 2011—Subsec. (b)(2)(B). Pub. L. 112–40, §§ 216(b)(1)(A)(i), of this title used for the costs of administra- 233, temporarily inserted ‘‘(including such allowances tion, in the aggregate and for each State. classified by payments under paragraphs (1) and (3) of (D) The total amount of payments to the section 2293(a) of this title, and section 2293(f) of this States to carry out sections 2295 through 2298 title, respectively) and payments under section 2318 of of this title used for job search and relocation this title’’ after ‘‘readjustment allowances’’. See Codi- fication note above and Effective and Termination allowances, in the aggregate and for each Dates note below. State. Subsec. (b)(2)(D), (E). Pub. L. 112–40, §§ 216(b)(1)(A)(ii), (c) Classification of data 233, temporarily added subpars. (D) and (E). See Codi- To the extent possible, in collecting and re- fication note above and Effective and Termination Dates note below. porting the data described in subsection (b), the Subsec. (b)(3)(A). Pub. L. 112–40, §§ 216(b)(1)(B)(i), 233, Secretary shall classify the data by industry, temporarily inserted ‘‘training leading to an associ- State, and national totals. ate’s degree, remedial education, prerequisite edu- (d) Report cation,’’ after ‘‘distance learning,’’. See Codification note above and Effective and Termination Dates note Not later than February 15 of each year, the below. Secretary shall submit to the Committee on Fi- Subsec. (b)(3)(B). Pub. L. 112–40, §§ 216(b)(1)(B)(ii), 233, nance of the Senate and the Committee on Ways temporarily amended subpar. (B) generally. Prior to and Means of the House of Representatives a re- amendment, subpar. (B) read as follows: ‘‘The number port that includes— of workers enrolled in full-time training and part-time (1) a summary of the information collected training.’’ See Codification note above and Effective under this section for the preceding fiscal and Termination Dates note below. year; Subsec. (b)(3)(C). Pub. L. 112–40, §§ 216(b)(1)(B)(iii), 233, temporarily inserted ‘‘, and the average duration of (2) information on the distribution of funds training that does not include remedial or prerequisite to each State pursuant to section 2296(a)(2) of education’’ after ‘‘training’’. See Codification note this title; and above and Effective and Termination Dates note below. (3) any recommendations of the Secretary Subsec. (b)(3)(E). Pub. L. 112–40, §§ 216(b)(1)(B)(iv), 233, with respect to changes in eligibility require- temporarily substituted ‘‘average duration’’ for ‘‘dura- ments, benefits, or training funding under this tion’’. See Codification note above and Effective and part based on the data collected under this Termination Dates note below. section. Subsec. (b)(3)(F). Pub. L. 112–40, §§ 216(b)(1)(B)(v), 233, temporarily inserted ‘‘and the average duration of the (e) Availability of data training that was completed by such workers’’ after (1) In general ‘‘training’’. See Codification note above and Effective and Termination Dates note below. The Secretary shall make available to the Subsec. (b)(4)(B) to (D). Pub. L. 112–40, §§ 216(b)(1)(C), public, by publishing on the website of the De- 233, temporarily added subpars. (B) and (C) and tempo- partment of Labor and by other means, as ap- rarily redesignated former subpar. (B) as (D). See Codi- propriate— fication note above and Effective and Termination (A) the report required under subsection Dates note below. (d); Subsec. (b)(6). Pub. L. 112–40, §§ 216(b)(1)(D), 233, tem- (B) the data collected under this section, porarily added par. (6). See Codification note above and in a searchable format; and Effective and Termination Dates note below. Subsec. (d). Pub. L. 112–40, §§ 216(b)(3), 233, tempo- (C) a list of cooperating States and cooper- rarily substituted ‘‘February 15’’ for ‘‘December 15’’ in ating State agencies that failed to submit introductory provisions. See Codification note above the data required by this section to the Sec- and Effective and Termination Dates note below. retary in a timely manner. EFFECTIVE AND TERMINATION DATES (2) Updates For temporary revival and applicability of section, as The Secretary shall update the data under in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 paragraph (1) on a quarterly basis. of Pub. L. 112–40, set out as Effective and Termination (Pub. L. 93–618, title II, § 249B, as added Pub. L. Dates of 2011 Revival notes preceding section 2271 of this title. For termination beginning on Jan. 1, 2014, 111–5, div. B, title I, § 1854(a), Feb. 17, 2009, 123 with certain exceptions and subject to section 233(b) of Stat. 392; as added and amended Pub. L. 112–40, Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out title II, §§ 201(b), (c), 216(b)(1), (3), Oct. 21, 2011, as an Effective and Termination Dates of Revival note 125 Stat. 403, 407, 409.) preceding section 2271 of this title. Page 573 TITLE 19—CUSTOMS DUTIES § 2341

Pub. L. 111–5, div. B, title I, § 1854(c), Feb. 17, 2009, 123 Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as Stat. 394, provided that: ‘‘The amendments made by a note preceding section 2271 of this title. this section [enacting this section] shall take effect on the date of the enactment of this Act [Feb. 17, 2009].’’ § 2341. Petitions and determinations Except as otherwise provided and subject to certain (a) Filing of petition; receipt of petition; initi- applicability provisions, section effective upon the ex- ation of investigation piration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under A petition for a certification of eligibility to section 2271 of this title. apply for adjustment assistance under this part Section 1893 of Pub. L. 111–5, which provided that, ex- may be filed with the Secretary of Commerce cept as otherwise provided, section not applicable on or (hereinafter in this part referred to as the ‘‘Sec- after Feb. 13, 2011, and that this section be applied and retary’’) by a firm (including any agricultural administered beginning Feb. 13, 2011, as if this section had never been enacted, was repealed by Pub. L. 112–40, firm or service sector firm) or its representative. title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codifica- Upon receipt of the petition, the Secretary shall tion note above. promptly publish notice in the Federal Register No trade adjustment assistance, vouchers, allow- that the Secretary has received the petition and ances, or other payments or benefits may be provided initiated an investigation. under this section after Dec. 31, 2013, except as other- (b) Public hearing wise provided, see section 285 of Pub. L. 93–618, set out as a Termination Date note preceding section 2271 of If the petitioner, or any other person, organi- this title. zation, or group found by the Secretary to have DEADLINE FOR UPDATING DATA REPORTING SYSTEM a substantial interest in the proceedings, submits not later than 10 days after the date of the Pub. L. 112–40, title II, § 216(b)(2), Oct. 21, 2011, 125 Secretary’s publication under subsection (a) of Stat. 409, provided that: ‘‘Not later than October 1, 2012, the Secretary of Labor shall update the system re- this section a request for a hearing, the Sec- quired by section 249B(a) of the Trade Act of 1974 (19 retary shall provide for a public hearing and af- U.S.C. 2323(a)) to include the collection of and reporting ford such interested persons an opportunity to on the data required by the amendments made by para- be present, to produce evidence, and to be heard. graph (1) [amending this section].’’ (c) Certification SUBPART D—NAFTA TRANSITIONAL ADJUSTMENT (1) The Secretary shall certify a firm (includ- ASSISTANCE PROGRAM ing any agricultural firm or service sector firm) as eligible to apply for adjustment assistance § 2331. Repealed. Pub. L. 107–210, div. A, title I, under this part if the Secretary determines— § 123(a), Aug. 6, 2002, 116 Stat. 944 (A) that a significant number or proportion Section, Pub. L. 93–618, title II, § 250, as added Pub. L. of the workers in such firm have become to- 103–182, title V, § 502, Dec. 8, 1993, 107 Stat. 2149; amend- tally or partially separated, or are threatened ed Pub. L. 105–277, div. J, title I, § 1012(b), Oct. 21, 1998, to become totally or partially separated, 112 Stat. 2681–901; Pub. L. 106–113, div. B, § 1000(a)(5) (B) that— [title VII, § 702(b)], Nov. 29, 1999, 113 Stat. 1536, (i) sales or production, or both, of the firm 1501A–319, established a NAFTA transitional adjust- have decreased absolutely, ment assistance program. (ii) sales or production, or both, of an arti- PRIOR PROVISIONS cle or service that accounted for not less A prior section 250 of Pub. L. 93–618, title II, Jan. 3, than 25 percent of the total sales or produc- 1975, 88 Stat. 2029, provided for judicial review for work- tion of the firm during the 12-month period ers or groups aggrieved by a final determination by the preceding the most recent 12-month period Secretary under section 2273 of this title, and was clas- for which date 1 are available have decreased sified to section 2322 of this title, prior to repeal by absolutely, Pub. L. 96–417. (iii) sales or production, or both, of the EFFECTIVE DATE OF REPEAL firm during the most recent 12-month period for which data are available have decreased Pub. L. 107–210, div. A, title I, § 123(c), Aug. 6, 2002, 116 Stat. 944, provided that: compared to— ‘‘(1) IN GENERAL.—The amendments made by this sec- (I) the average annual sales or production [amending sections 2275 and 2395 of this title and tion for the firm during the 24-month pe- repealing this subpart and section 2322 of this title] riod preceding that 12-month period, or shall apply with respect to petitions filed under chapter (II) the average annual sales or produc- 2 of title II of the Trade Act of 1974 [this part], on or tion for the firm during the 36-month pe- after the date that is 90 days after the date of enact- riod preceding that 12-month period, and ment of this Act [Aug. 6, 2002]. ‘‘(2) WORKERS CERTIFIED AS ELIGIBLE BEFORE EFFEC- (iv) sales or production, or both, of an arti- TIVE DATE.—Notwithstanding subsection (a), a worker cle or service that accounted for not less receiving benefits under chapter 2 of title II of the than 25 percent of the total sales or produc- Trade Act of 1974 shall continue to receive (or be eligi- tion of the firm during the most recent 12- ble to receive) benefits and services under chapter 2 of month period for which data are available title II of the Trade Act of 1974, as in effect on the day before the amendments made by this section take ef- have decreased compared to— fect under subsection (a), for any week for which the (I) the average annual sales or produc- worker meets the eligibility requirements of such chap- tion for the article or service during the ter 2 as in effect on such date.’’ 24-month period preceding that 12-month period, or PART 3—ADJUSTMENT ASSISTANCE FOR FIRMS (II) the average annual sales or produc- TERMINATION DATE tion for the article or service during the Except as otherwise provided, technical assistance and grants may not be provided under this part after 1 So in original. Probably should be ‘‘data’’. § 2341 TITLE 19—CUSTOMS DUTIES Page 574

36-month period preceding that 12-month was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, period, and 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, (C) increases of imports of articles or serv- 2011, were temporarily revived, effective Oct. 21, 2011, ices like or directly competitive with articles until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See which are produced or services which are sup- 2009 and 2011 Amendment notes, Effective and Termi- plied by such firm contributed importantly to nation Dates of 2009 Amendment notes, and Effective such total or partial separation, or threat and Termination Dates of 2011 Revival note below. thereof, and to such decline in sales or produc- AMENDMENTS tion. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- (2) For purposes of paragraph (1)(C)— vived the provisions of this section, as in effect on Feb. (A) The term ‘‘contributed importantly’’ 12, 2011. See Codification note above and 2009 Amend- means a cause which is important but not nec- ment and Effective and Termination Dates of 2011 Re- essarily more important than any other cause. vival notes below. (B)(i) Any firm which engages in exploration 2009—Subsec. (a). Pub. L. 111–5, §§ 1861(a), 1867(a)(1), or drilling for oil or natural gas shall be con- 1893, temporarily inserted ‘‘or service sector firm’’ after sidered to be a firm producing oil or natural ‘‘agricultural firm’’ and substituted ‘‘the Secretary has’’ for ‘‘he has’’. See Codification note above and Ef- gas. fective and Termination Dates of 2009 Amendment note (ii) Any firm that engages in exploration or below. drilling for oil or natural gas, or otherwise Subsec. (c)(1). Pub. L. 111–5, §§ 1861(a), 1893, tempo- produces oil or natural gas, shall be considered rarily inserted ‘‘or service sector firm’’ after ‘‘agricul- to be producing articles directly competitive tural firm’’ in introductory provisions. See Codifica- with imports of oil and with imports of natu- tion note above and Effective and Termination Dates of ral gas. 2009 Amendment note below. Subsec. (c)(1)(B). Pub. L. 111–5, §§ 1862, 1893, tempo- (d) Allowable period for determination rarily amended subpar. (B) generally. Prior to amend- A determination shall be made by the Sec- ment, subpar. (B) read as follows: ‘‘that— retary as soon as possible after the date on ‘‘(i) sales or production, or both, of such firm have which the petition is filed under this section, decreased absolutely, or but in any event not later than 40 days after ‘‘(ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total that date. production or sales of the firm during the 12-month (e) Basis for Secretary’s determinations period preceding the most recent 12-month period for For purposes of subsection (c)(1)(C), the Sec- which data are available have decreased absolutely, retary may determine that there are increased and’’. imports of like or directly competitive articles See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. or services, if customers accounting for a sig- Subsec. (c)(1)(C). Pub. L. 111–5, §§ 1861(c)(1), 1893, tem- nificant percentage of the decrease in the sales porarily inserted ‘‘or services’’ after ‘‘imports of arti- or production of the firm certify to the Sec- cles’’ and ‘‘or services which are supplied’’ after ‘‘pro- retary that such customers have increased their duced’’. See Codification note above and Effective and imports of such articles or services from a for- Termination Dates of 2009 Amendment note below. eign country, either absolutely or relative to Subsec. (c)(2)(B)(ii). Pub. L. 111–5, §§ 1861(c)(2), 1893, their acquisition of such articles or services temporarily amended cl. (ii) generally. Prior to amend- from suppliers located in the United States. ment, cl. (ii) read as follows: ‘‘Any firm that engages in exploration or drilling for oil or natural gas, or other- (f) Notification to firms of availability of benefits wise produces oil or natural gas, shall be considered to Upon receiving notice from the Secretary of be producing articles directly competitive with imports Labor under section 2275 of this title of the iden- of oil and with imports of natural gas.’’ See Codifica- tity of a firm that is covered by a certification tion note above and Effective and Termination Dates of 2009 Amendment note below. issued under section 2273 of this title, the Sec- Subsec. (d). Pub. L. 111–5, §§ 1867(a)(2), 1893, tempo- retary of Commerce shall notify the firm of the rarily substituted ‘‘40 days’’ for ‘‘60 days’’. See Codi- availability of adjustment assistance under this fication note above and Effective and Termination part. Dates of 2009 Amendment note below. (Pub. L. 93–618, title II, § 251, Jan. 3, 1975, 88 Stat. Subsecs. (e), (f). Pub. L. 111–5, §§ 1863, 1893, temporarily added subsecs. (e) and (f). See Codification note 2030; Pub. L. 99–272, title XIII, § 13002(b), Apr. 7, above and Effective and Termination Dates of 2009 1986, 100 Stat. 300; Pub. L. 100–418, title I, Amendment note below. § 1421(a)(2), (b)(2), Aug. 23, 1988, 102 Stat. 1243, 1988—Subsec. (c). Pub. L. 100–418, § 1421(a)(2), amended 1244; Pub. L. 111–5, div. B, title I, §§ 1861(a), (c), subsec. (c) generally. Prior to amendment, subsec. (c) 1862, 1863, 1867(a), Feb. 17, 2009, 123 Stat. 396, 397, read as follows: ‘‘The Secretary shall certify a firm (in- 400; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, cluding any agricultural firm) as eligible to apply for 2011, 125 Stat. 403.) adjustment assistance under this part if he determines— REVERSION TO PROVISIONS IN EFFECT ON ‘‘(1) that a significant number or proportion of the FEBRUARY 13, 2011 workers in such firm have become totally or partially For reversion, beginning on Jan. 1, 2014, to separated, or are threatened to become totally or par- provisions in effect on Feb. 13, 2011, with cer- tially separated. ‘‘(2) that— tain exceptions and subject to section 233(b) of ‘‘(A) sales or production, or both, of the firm have Pub. L. 112–40, see Codification and Effective decreased absolutely, or and Termination Dates of 2011 Revival notes ‘‘(B) sales or production, or both, of an article below. that accounted for not less than 25 percent of the total production or sales of the firm during the 12- CODIFICATION month period preceding the most recent 12-month Section 1893 of Pub. L. 111–5, which provided for Feb. period for which data are available have decreased 13, 2011, termination of amendment by Pub. L. 111–5, absolutely, and Page 575 TITLE 19—CUSTOMS DUTIES § 2343

‘‘(3) that increases of imports of articles like or di- (2) The Secretary shall make a determination rectly competitive with articles produced by such as soon as possible after the date on which an firm contributed importantly to such total or partial application is filed under this section, but in no separation, or threat thereof, and to such decline in sales or production. event later than 60 days after such date. For purposes of paragraph (3), the term ‘contributed (c) Termination of certification of eligibility importantly’ means a cause which is important but not Whenever the Secretary determines that any necessarily more important than any other cause.’’ Subsec. (c)(1)(C). Pub. L. 100–418, § 1421(b)(2), directed firm no longer requires assistance under this the general amendment of subpar. (C) adding provisions part, he shall terminate the certification of eli- relating to provision of essential goods or services by gibility of such firm and promptly have notice such firm, which amendment did not become effective of such termination published in the Federal pursuant to section 1430(d) of Pub. L. 100–418, as amend- Register. Such termination shall take effect on ed, set out as an Effective Date note under section 2397 the termination date specified by the Secretary. of this title. 1986—Subsecs. (a), (c). Pub. L. 99–272, § 13002(b)(1), in- (Pub. L. 93–618, title II, § 252, Jan. 3, 1975, 88 Stat. serted ‘‘(including any agricultural firm)’’ after ‘‘firm’’. 2030; Pub. L. 99–272, title XIII, § 13006(a)(1), (2), Subsec. (c)(2). Pub. L. 99–272, § 13002(b)(2), amended Apr. 7, 1986, 100 Stat. 304.) par. (2) generally, designating existing provisions as subpar. (A), substituting ‘‘of the firm have decreased AMENDMENTS absolutely, or’’ for ‘‘of such firm have decreased absolutely, and’’, and adding subpar. (B). 1986—Subsec. (b)(1). Pub. L. 99–272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL (1) read as follows: ‘‘Adjustment assistance under this For temporary revival and applicability of provisions part consists of technical assistance and financial as- as in effect on Feb. 12, 2011, see sections 201(b), (c) and sistance, which may be furnished singly or in combina- 233 of Pub. L. 112–40, set out as notes preceding section tion. The Secretary shall approve a firm’s application 2271 of this title. For reversion, beginning on Jan. 1, for adjustment assistance only if he determines— 2014, to provisions in effect on Feb. 13, 2011, with cer- ‘‘(A) that the firm has no reasonable access to fi- tain exceptions and subject to section 233(b) of Pub. L. nancing through the private capital market, and 112–40, see section 233 of Pub. L. 112–40, set out as a note ‘‘(B) that the firm’s adjustment proposal— preceding section 2271 of this title. ‘‘(i) is reasonably calculated materially to contribute to the economic adjustment of the firm, EFFECTIVE AND TERMINATION DATES OF 2009 ‘‘(ii) gives adequate consideration to the interests AMENDMENT of the workers of such firm, and Except as otherwise provided and subject to certain ‘‘(iii) demonstrates that the firm will make all applicability provisions, amendment by Pub. L. 111–5 reasonable efforts to use its own resources for eco- effective upon the expiration of the 90-day period begin- nomic development.’’ ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, Subsecs. (c), (d). Pub. L. 99–272, § 13006(a)(2), redesig- set out as a note under section 2271 of this title. nated subsec. (d) as (c) and struck out former subsec. Section 1893 of Pub. L. 111–5, which provided that, ex- (c) which authorized the Secretary to assist an eligible cept as otherwise provided, amendment by Pub. L. 111–5 firm in the preparation of a viable adjustment pro- not applicable on or after Feb. 13, 2011, and that this posal. section be applied and administered beginning Feb. 13, TERMINATION DATE 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Except as otherwise provided, technical assistance Oct. 21, 2011, 125 Stat. 403. See Codification note above. and grants may not be provided under this section after Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as TERMINATION DATE a note preceding section 2271 of this title. Except as otherwise provided, technical assistance and grants may not be provided under this section after § 2343. Technical assistance Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as (a) Discretion of Secretary; types of assistance a note preceding section 2271 of this title. The Secretary may provide a firm, on terms § 2342. Approval of adjustment proposals and conditions as the Secretary determines to (a) Application for adjustment assistance be appropriate, with such technical assistance A firm certified under section 2341 of this title as in his judgment will carry out the purposes of as eligible to apply for adjustment assistance this part with respect to the firm. The technical may, at any time within 2 years after the date assistance furnished under this part may consist of such certification, file an application with the of one or more of the following: Secretary for adjustment assistance under this (1) Assistance to a firm in preparing its peti- part. Such application shall include a proposal tion for certification of eligibility under sec- for the economic adjustment of such firm. tion 2341 of this title. (2) Assistance to a certified firm in develop- (b) Technical assistance ing a proposal for its economic adjustment. (1) Adjustment assistance under this part con- (3) Assistance to a certified firm in the im- sists of technical assistance. The Secretary shall plementation of such a proposal. approve a firm’s application for adjustment as- (b) Utilization of existing agencies, private indi- sistance only if the Secretary determines that viduals, etc., in furnishing assistance; grants the firm’s adjustment proposal— to intermediary organizations (A) is reasonably calculated to materially contribute to the economic adjustment of the (1) The Secretary shall furnish technical as- firm, sistance under this part through existing agen- (B) gives adequate consideration to the in- cies and through private individuals, firms, or terests of the workers of such firm, and institutions (including private consulting serv- (C) demonstrates that the firm will make all ices), or by grants to intermediary organizations reasonable efforts to use its own resources for (including Trade Adjustment Assistance Cen- economic development. ters). § 2344 TITLE 19—CUSTOMS DUTIES Page 576

(2) In the case of assistance furnished through 233 of Pub. L. 112–40, set out as notes preceding section private individuals, firms, or institutions (in- 2271 of this title. For reversion, beginning on Jan. 1, cluding private consulting services), the Sec- 2014, to provisions in effect on Feb. 13, 2011, with cer- retary may share the cost thereof (but not more tain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note than 75 percent of such cost for assistance de- preceding section 2271 of this title. scribed in paragraph (2) or (3) of subsection (a) of this section may be borne by the United States). EFFECTIVE AND TERMINATION DATES OF 2009 (3) The Secretary may make grants to inter- AMENDMENT mediary organizations in order to defray up to Except as otherwise provided and subject to certain 100 percent of administrative expenses incurred applicability provisions, amendment by Pub. L. 111–5 in providing such technical assistance to a firm. effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, (Pub. L. 93–618, title II, § 253, Jan. 3, 1975, 88 Stat. set out as a note under section 2271 of this title. 2031; Pub. L. 97–35, title XXV, § 2521, Aug. 13, Section 1893 of Pub. L. 111–5, which provided that, ex- 1981, 95 Stat. 890; Pub. L. 99–272, title XIII, cept as otherwise provided, amendment by Pub. L. 111–5 § 13006(a)(3), Apr. 7, 1986, 100 Stat. 304; Pub. L. not applicable on or after Feb. 13, 2011, and that this 111–5, div. B, title I, § 1867(b), Feb. 17, 2009, 123 section be applied and administered beginning Feb. 13, Stat. 400; Pub. L. 112–40, title II, § 201(b), (c), Oct. 2011, as if amendment by Pub. L. 111–5 had never been 21, 2011, 125 Stat. 403.) enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. REVERSION TO PROVISIONS IN EFFECT ON EFFECTIVE DATE OF 1981 AMENDMENT FEBRUARY 13, 2011 For reversion, beginning on Jan. 1, 2014, to Pub. L. 97–35, title XXV, § 2529, Aug. 13, 1981, 95 Stat. 893, provided that: provisions in effect on Feb. 13, 2011, with cer- ‘‘(a) Subject to subsection (b), the amendments made tain exceptions and subject to section 233(b) of by this subtitle [subtitle B (§§ 2521–2529) of title XXV of Pub. L. 112–40, see Codification and Effective Pub. L. 97–35, enacting section 2355 of this title, amend- and Termination Dates of 2011 Revival notes ing this section and sections 2344 to 2347 of this title, below. and repealing section 2353 of this title] shall take effect on the date of the enactment of this Act [Aug. 13, 1981]. CODIFICATION ‘‘(b) Applications for adjustment assistance under Section 1893 of Pub. L. 111–5, which provided for Feb. chapter 3 of title II of the Trade Act of 1974 [this part] 13, 2011, termination of amendment by Pub. L. 111–5, which the Secretary of Commerce accepted for process- was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, ing before the date of the enactment of this Act [Aug. 2011, 125 Stat. 403, and the provisions of this section, as 13, 1981] shall continue to be processed in accordance amended by Pub. L. 111–5 and as in effect on Feb. 12, with the requirements of such chapter as in effect be- 2011, were temporarily revived, effective Oct. 21, 2011, fore such date of enactment.’’ until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See TERMINATION DATE 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective Except as otherwise provided, technical assistance and Termination Dates of 2011 Revival note below. and grants may not be provided under this section after Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as AMENDMENTS a note preceding section 2271 of this title. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. § 2344. Oversight and administration 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- (a) In general vival notes below. The Secretary shall, to such extent and in 2009—Subsec. (a)(3). Pub. L. 111–5, §§ 1867(b), 1893, such amounts as are provided in appropriations which directed the temporary substitution of ‘‘to a cer- Acts, provide grants to intermediary organiza- tified firm’’ for ‘‘of a certified firm’’, could not be exe- tions (referred to in section 2343(b)(1) of this cuted because ‘‘of a certified firm’’ did not appear. See Codification note above and Effective and Termination title) throughout the United States pursuant to Dates of 2009 Amendment note below. agreements with such intermediary organiza- 1986—Subsec. (b)(2). Pub. L. 99–272 substituted ‘‘such tions. Each such agreement shall require the cost for assistance described in paragraph (2) or (3) of intermediary organization to provide benefits to subsection (a) of this section’’ for ‘‘such cost’’. firms certified under section 2341 of this title. 1981—Subsec. (a). Pub. L. 97–35 amended subsec. (a) The Secretary shall, to the maximum extent generally, incorporating provisions formerly contained practicable, provide by October 1, 2010, that con- in subsec. (b) and, in those provisions, substituted discretionary language for non-discretionary language re- tracts entered into with intermediary organiza- lating to the assistance furnished and allowed the giv- tions be for a 12-month period and that all such ing of assistance to firms in the preparation of their pe- contracts have the same beginning date and the titions for certification of eligibility under section 2341 same ending date. of this title. (b) Distribution of funds Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, incorporating in pars. (1) and (2) provisions for- (1) In general merly contained in subsec. (c), inserted reference to Not later than 90 days after February 17, grants to intermediary organizations (including Trade 2009, the Secretary shall develop a methodol- Adjustment Assistance Centers) in par. (1), and added par. (3). Provisions formerly contained in subsec. (b) ogy for the distribution of funds among the were transferred to subsec. (a). intermediary organizations described in sub- Subsec. (c). Pub. L. 97–35 struck out subsec. (c) and section (a). transferred the provisions to subsec. (b)(1) and (2). (2) Prompt initial distribution EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL The methodology described in paragraph (1) For temporary revival and applicability of provisions shall ensure the prompt initial distribution of as in effect on Feb. 12, 2011, see sections 201(b), (c) and funds and establish additional criteria govern- Page 577 TITLE 19—CUSTOMS DUTIES § 2345

ing the apportionment and distribution of the Aug. 13, 1981, 95 Stat. 891; Pub. L. 99–272, title XIII, remainder of such funds among the inter- § 13006(b), Apr. 7, 1986, 100 Stat. 304, which related to mediary organizations. provision of financial assistance, was temporarily repealed effective upon the expiration of the 90-day pe- (3) Criteria riod beginning on Feb. 17, 2009, by Pub. L. 111–5, div. B, The methodology described in paragraph (1) title I, §§ 1864(a)(1), (e), 1893, Feb. 17, 2009, 123 Stat. 397, shall include criteria based on the data in the 399, 422. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of repeal, was repealed by annual report on the trade adjustment assist- Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. ance for firms program described in section 403, and this section, as added by Pub. L. 111–5 and as 2356 1 of this title. in effect on Feb. 12, 2011, was temporarily revived, ef- (c) Requirements for contracts fective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Codification note above and Effec- An agreement with an intermediary organiza- tive and Termination Dates notes below. tion described in subsection (a) shall require the intermediary organization to contract for the EFFECTIVE AND TERMINATION DATES supply of services to carry out grants under this For temporary revival and applicability of section as part in accordance with terms and conditions in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 that are consistent with guidelines established of Pub. L. 112–40, set out as Effective and Termination by the Secretary. Dates of 2011 Revival notes preceding section 2271 of this title. For termination of section and reinstate- (d) Consultations ment of former section 2344 of this title beginning on (1) Consultations regarding methodology Jan. 1, 2014, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. The Secretary shall consult with the Com- 112–40, set out as an Effective and Termination Dates of mittee on Finance of the Senate and the Com- 2011 Revival note preceding section 2271 of this title. mittee on Ways and Means of the House of Pub. L. 111–5, div. B, title I, § 1864(e), Feb. 17, 2009, 123 Representatives— Stat. 399, provided that: ‘‘This section [enacting this (A) not less than 30 days before finalizing section and section 2345 of this title, amending sections the methodology described in subsection (b); 2348 to 2352, 2354, and 2355 of this title, repealing former sections 2344 to 2347 of this title, and enacting provi- and sions set out as a note under this section] and the (B) not less than 60 days before adopting amendments made by this section shall take effect any changes to such methodology. upon the expiration of the 90-day period beginning on (2) Consultations regarding guidelines the date of the enactment of this Act [Feb. 17, 2009], except that subsections (b) and (d) of section 254 of the The Secretary shall consult with the Com- Trade Act of 1974 [19 U.S.C. 2344(b), (d)] (as added by mittee on Finance of the Senate and the Com- subsection (a) of this section) shall take effect on such mittee on Ways and Means of the House of date of enactment.’’ Representatives not less than 60 days before fi- Except as otherwise provided and subject to certain nalizing the guidelines described in subsection applicability provisions, section effective upon the ex- (c) or adopting any subsequent changes to piration of the 90-day period beginning on Feb. 17, 2009, such guidelines. see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under (Pub. L. 93–618, title II, § 254, as added Pub. L. section 2271 of this title. 111–5, div. B, title I, § 1864(a)(3), Feb. 17, 2009, 123 Section 1893 of Pub. L. 111–5, which provided that, ex- Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), cept as otherwise provided, this section and the repeal Oct. 21, 2011, 125 Stat. 403.) of former section 2344 of this title not applicable on or after Feb. 13, 2011, and that this section be applied and TERMINATION OF SECTION AND REPEAL administered beginning Feb. 13, 2011, as if this section and the repeal had never been enacted, was repealed by For termination of section and termination of Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. repeal of former section 2344 beginning on Jan. 403. See Codification and Prior Provisions notes above. 1, 2014, with certain exceptions and subject to Except as otherwise provided, technical assistance section 233(b) of Pub. L. 112–40, see Codifica- and grants may not be provided under this section after tion, Prior Provisions, and Effective and Termi- Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as nation Dates notes below. a Termination Date note preceding section 2271 of this title. REFERENCES IN TEXT RESIDUAL AUTHORITY Section 2356 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 112–40, title II, § 221(a)(3), Oct. Pub. L. 111–5, div. B, title I, § 1864(b), Feb. 17, 2009, 123 21, 2011, 125 Stat. 410. Stat. 398, provided that: ‘‘The Secretary of Commerce shall have the authority to modify, terminate, resolve, CODIFICATION liquidate, or take any other action with respect to a loan, guarantee, contract, or any other financial assist- Section 1893 of Pub. L. 111–5, which provided for Feb. ance that was extended under section 254, 255, 256, or 257 13, 2011, termination of section, was repealed by Pub. L. of the Trade Act of 1974 (19 U.S.C. 2344, 2345, 2346, and 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and 2347), as in effect on the day before the effective date this section, as added by Pub. L. 111–5 and as in effect set forth in section 1891 [set out as an Effective and on Feb. 12, 2011, was temporarily revived, effective Oct. Termination Dates of 2009 Amendment note under sec- 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), tion 2271 of this title].’’ 233. See Prior Provisions and Effective and Termi- nation Dates notes below. § 2345. Authorization of appropriations PRIOR PROVISIONS (a) In general A prior section 2344, Pub. L. 93–618, title II, § 254, Jan. There are authorized to be appropriated to the 3, 1975, 88 Stat. 2031; Pub. L. 97–35, title XXV, § 2522, Secretary to carry out the provisions of this part $16,000,000 for each of the fiscal years 2012 1 See References in Text note below. and 2013, and $4,000,000 for the 3-month period § 2345a TITLE 19—CUSTOMS DUTIES Page 578 beginning on October 1, 2013, and ending on De- Amounts appropriated pursuant to this subsection cember 31, 2013. Amounts appropriated pursuant shall— to this subsection shall remain available until ‘‘(1) be available to provide adjustment assistance to firms that file a petition for such assistance pursu- expended. ant to this part on or before February 12, 2011; and (b) Personnel ‘‘(2) otherwise remain available until expended.’’ See Codification note above and Effective and Termi- Of the amounts appropriated pursuant to this nation Dates note below. section for each fiscal year, $350,000 shall be 2010—Subsec. (a). Pub. L. 111–344, § 101(c)(4)(A), in in- available for full-time positions in the Depart- troductory provisions, substituted ‘‘There are author- ment of Commerce to administer the provisions ized to be appropriated to the Secretary to carry out of this part. Of such funds the Secretary shall the provisions of this part $50,000,000 for fiscal year 2010 make available to the Economic Development and $5,800,000 for the 6-week period beginning January Administration such sums as may be necessary 1, 2011, and ending February 12, 2011.’’ for ‘‘There are authorized to be appropriated to the Secretary to establish the position of Director of Adjust- $50,000,000 for each of the fiscal years 2009 through 2010, ment Assistance for Firms and such other full- and $12,501,000 for the period beginning October 1, 2010, time positions as may be appropriate to admin- and ending December 31, 2010, to carry out the provi- ister the provisions of this part. sions of this part.’’ See Codification note above. Subsec. (a)(1). Pub. L. 111–344, § 101(c)(4)(B), sub- (Pub. L. 93–618, title II, § 255, as added Pub. L. stituted ‘‘February 12, 2011’’ for ‘‘December 31, 2010’’. 111–5, div. B, title I, § 1864(a)(3), Feb. 17, 2009, 123 See Codification note above. Stat. 398; amended Pub. L. 111–344, title I, § 101(c)(4), Dec. 29, 2010, 124 Stat. 3613; as added EFFECTIVE DATE OF 2010 AMENDMENT and amended Pub. L. 112–40, title II, §§ 201(b), (c), Amendment by Pub. L. 111–344 effective Jan. 1, 2011, 221(b), Oct. 21, 2011, 125 Stat. 403, 410.) see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title. TERMINATION OF SECTION AND REPEAL EFFECTIVE AND TERMINATION DATES For termination of section and termination of For temporary revival and applicability of section as repeal of former section 2345 beginning on Jan. in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 1, 2014, with certain exceptions and subject to of Pub. L. 112–40, set out as Effective and Termination section 233(b) of Pub. L. 112–40, see Codifica- Dates of 2011 Revival notes preceding section 2271 of tion, Prior Provisions, and Effective and Termi- this title. For termination of section and reinstate- nation Dates notes below. ment of former section 2345 of this title beginning on Jan. 1, 2014, with certain exceptions and subject to sec- CODIFICATION tion 233(b) of Pub. L. 112–40, see section 233 of Pub. L. Section 1893 of Pub. L. 111–5, which provided for Feb. 112–40, set out as an Effective and Termination Dates of 13, 2011, termination of section, was repealed by Pub. L. 2011 Revival note preceding section 2271 of this title. Section effective upon the expiration of the 90-day 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and period beginning on Feb. 17, 2009, see section 1864(e) of this section, as added by Pub. L. 111–5, as amended by Pub. L. 111–5, set out as a note under section 2344 of Pub. L. 111–344, and as in effect on Feb. 12, 2011, was this title. temporarily revived, effective Oct. 21, 2011, until Jan. 1, Except as otherwise provided and subject to certain 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Prior Provi- applicability provisions, section effective upon the ex- sions, 2010 and 2011 Amendment, and Effective and Ter- piration of the 90-day period beginning on Feb. 17, 2009, mination Dates notes below. see section 1891 of Pub. L. 111–5, set out as an Effective PRIOR PROVISIONS and Termination Dates of 2009 Amendment note under section 2271 of this title. A prior section 2345, Pub. L. 93–618, title II, § 255, Jan. Section 1893 of Pub. L. 111–5, which provided that, ex- 3, 1975, 88 Stat. 2031; Pub. L. 97–35, title XXV, § 2523, cept as otherwise provided, this section and the repeal Aug. 13, 1981, 95 Stat. 891; Pub. L. 98–120, § 4(a), Oct. 12, of former section 2345 of this title not applicable on or 1983, 97 Stat. 809; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 after Feb. 13, 2011, and that this part be applied and ad- Stat. 2095, which related to conditions for financial as- ministered beginning Feb. 13, 2011, as if this section and sistance, was temporarily repealed effective upon the the repeal had never been enacted, was repealed by expiration of the 90-day period beginning on Feb. 17, Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 2009, by Pub. L. 111–5, div. B, title I, §§ 1864(a)(1), (e), 403. See Codification and Prior Provisions notes above. 1893, Feb. 17, 2009, 123 Stat. 397, 399, 422. Section 1893 of Except as otherwise provided, technical assistance Pub. L. 111–5, which provided for Feb. 13, 2011, termi- and grants may not be provided under this section after nation of repeal, was repealed by Pub. L. 112–40, title II, Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as a Termination Date note preceding section 2271 of this added by Pub. L. 111–5, as amended by Pub. L. 111–344, title. and as in effect on Feb. 12, 2011, was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. § 2345a. Annual report on trade adjustment as- L. 112–40, §§ 201(b), (c), 233. See Codification note above sistance for firms and Effective and Termination Dates notes below. (a) In general AMENDMENTS Not later than December 15, 2012, and annually 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- thereafter, the Secretary shall prepare a report vived the provisions of this section, as in effect on Feb. containing data regarding the trade adjustment 12, 2011. See Codification note above and 2010 Amend- assistance for firms program under this part for ment and Effective and Termination Dates notes below. the preceding fiscal year. The data shall include Subsec. (a). Pub. L. 112–40, §§ 221(b), 233, temporarily the following: substituted ‘‘$16,000,000 for each of the fiscal years 2012 (1) The number of firms that inquired about and 2013, and $4,000,000 for the 3-month period beginning on October 1, 2013, and ending on December 31, 2013. the program. Amounts appropriated pursuant to this subsection (2) The number of petitions filed under sec- shall remain available until expended.’’ for ‘‘$50,000,000 tion 2341 of this title. for fiscal year 2010 and $5,800,000 for the 6-week period (3) The number of petitions certified and de- beginning January 1, 2011, and ending February 12, 2011. nied by the Secretary. Page 579 TITLE 19—CUSTOMS DUTIES § 2346

(4) The average time for processing petitions considers to be confidential business informa- after the petitions are filed. tion unless the person submitting the con- (5) The number of petitions filed and firms fidential business information had notice, at certified for each congressional district of the the time of submission, that such information United States. would be released by the Secretary, or such (6) Of the number of petitions filed, the num- person subsequently consents to the release of ber of firms that entered the program and re- the information. ceived benefits. (2) Rule of construction (7) The number of firms that received assistance in preparing their petitions. Nothing in this subsection shall be con- (8) The number of firms that received assist- strued to prohibit the Secretary from provid- ance developing business recovery plans. ing information the Secretary considers to be (9) The number of business recovery plans confidential business information under para- approved and denied by the Secretary. graph (1) to a court in camera or to another (10) The average duration of benefits re- party under a protective order issued by a ceived under the program nationally and in court. each region served by an intermediary organi- (Pub. L. 93–618, title II, § 255A, as added Pub. L. zation referred to in section 2343(b)(1) of this 112–40, title II, § 221(a)(1), Oct. 21, 2011, 125 Stat. title. 409.) (11) Sales, employment, and productivity at each firm participating in the program at the TERMINATION OF SECTION time of certification. For termination of section beginning on Jan. (12) Sales, employment, and productivity at 1, 2014, with certain exceptions and subject to each firm upon completion of the program and section 233(b) of Pub. L. 112–40, see Termination each year for the 2-year period following com- Date note below. pletion of the program. (13) The number of firms in operation as of TERMINATION DATE the date of the report and the number of firms For termination of section beginning on Jan. 1, 2014, that ceased operations after completing the with certain exceptions and subject to section 233(b) of program and in each year during the 2-year pe- Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out riod following completion of the program. as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title. (14) The financial assistance received by Except as otherwise provided, technical assistance each firm participating in the program. and grants may not be provided under this section after (15) The financial contribution made by each Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as firm participating in the program. a Termination Date note preceding section 2271 of this (16) The types of technical assistance in- title. cluded in the business recovery plans of firms participating in the program. § 2346. Repealed. Pub. L. 111–5, div. B, title I, (17) The number of firms leaving the pro- § 1864(a)(1), Feb. 17, 2009, 123 Stat. 397; Pub. gram before completing the project or projects L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, in their business recovery plans and the reason 125 Stat. 403 the project or projects were not completed. Section, Pub. L. 93–618, title II, § 256, Jan. 3, 1975, 88 (18) The total amount expended by all inter- Stat. 2032; Pub. L. 97–35, title XXV, § 2524, Aug. 13, 1981, mediary organizations referred to in section 95 Stat. 892; Pub. L. 99–272, title XIII, § 13008(b), Apr. 7, 2343(b)(1) of this title and by each such organi- 1986, 100 Stat. 305; Pub. L. 100–418, title I, § 1426(b)(2), zation to administer the program. Aug. 23, 1988, 102 Stat. 1251; Pub. L. 103–66, title XIII, (19) The total amount expended by inter- § 13803(a)(2), Aug. 10, 1993, 107 Stat. 668; Pub. L. 105–277, mediary organizations to provide technical as- div. J, title I, § 1012(c), Oct. 21, 1998, 112 Stat. 2681–901; sistance to firms under the program nation- Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319; Pub. L. 107–210, ally and in each region served by such an orga- div. A, title I, §§ 111(b), 131, Aug. 6, 2002, 116 Stat. 936, nization. 946; Pub. L. 108–429, title II, § 2004(a)(3), Dec. 3, 2004, 118 (b) Classification of data Stat. 2589; Pub. L. 110–89, § 1(b), Sept. 28, 2007, 121 Stat. To the extent possible, in collecting and re- 982, related to delegation of functions to Small Busi- ness Administration. porting the data described in subsection (a), the Secretary shall classify the data by inter- TERMINATION OF REPEAL mediary organization, State, and national to- For termination of repeal of section beginning tals. on Jan. 1, 2014, with certain exceptions and (c) Report to Congress; publication subject to section 233(b) of Pub. L. 112–40, see The Secretary shall— Effective and Termination Dates of Repeal (1) submit the report described in subsection notes below. (a) to the Committee on Finance of the Senate EFFECTIVE AND TERMINATION DATES OF REPEAL and the Committee on Ways and Means of the House of Representatives; and For temporary revival and applicability of repeal, as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 (2) publish the report in the Federal Register of Pub. L. 112–40, set out as Effective and Termination and on the website of the Department of Com- Dates of 2011 Revival notes preceding section 2271 of merce. this title. For termination of repeal and reinstatement (d) Protection of confidential information of former section 2346 of this title beginning on Jan. 1, (1) In general 2014, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, The Secretary may not release information set out as an Effective and Termination Dates of 2011 described in subsection (a) that the Secretary Revival note preceding section 2271 of this title. § 2347 TITLE 19—CUSTOMS DUTIES Page 580

Repeal effective upon the expiration of the 90-day pe- other provision of law, including [former] section 257(c) riod beginning on Feb. 17, 2009, see section 1864(e) of of the Trade Act of 1974, as amended [former 19 U.S.C. Pub. L. 111–5, set out as an Effective and Termination 2347(c)], and section 203 of the Public Works and Eco- Dates note under section 2344 of this title. nomic Development Act of 1965, as amended [42 U.S.C. Except as otherwise provided and subject to certain 3143], principal and interest repayments from loans, applicability provisions, repeal effective upon the expi- proceeds from the sale of loan assets or collateral, and ration of the 90-day period beginning on Feb. 17, 2009, other receipts arising out of transactions entered into see section 1891 of Pub. L. 111–5, set out as an Effective pursuant to title II, chapter 3 of the Trade Act of 1974 and Termination Dates of 2009 Amendment note under [19 U.S.C. 2341 et seq.] shall be deposited into the eco- section 2271 of this title. nomic development revolving fund established under Section 1893 of Pub. L. 111–5, which provided that, ex- section 203 of the Public Works and Economic Develop- cept as otherwise provided, repeal of this section not ment Act of 1965 beginning October 1, 1987: Provided, applicable on or after Feb. 13, 2011, and that this sec- That payments of obligations in connection with loans tion be applied and administered beginning Feb. 13, guaranteed under the authority of the Trade Act of 1974 2011, as if the repeal had never been enacted, with cer- [19 U.S.C. 2101 et seq.] or the Public Works and Eco- tain exceptions, was repealed by Pub. L. 112–40, title II, nomic Development Act of 1965 [42 U.S.C. 3121 et seq.], § 201(a), Oct. 21, 2011, 125 Stat. 403. and any related expenses, shall be made from funds TERMINATION DATE available in the economic development revolving fund: Provided further, That deposits to the economic devel- Except as otherwise provided, technical assistance opment revolving fund of amounts appropriated for, or and grants may not be provided under this section after received in connection with, activities authorized Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as under the Trade Act of 1974, made prior to October 1, a note preceding section 2271 of this title. 1987, shall be deemed valid deposits.’’ § 2347. Repealed. Pub. L. 111–5, div. B, title I, § 2348. Protective provisions § 1864(a)(1), Feb. 17, 2009, 123 Stat. 397; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, (a) Recordkeeping 125 Stat. 403 Each recipient of adjustment assistance under Section, Pub. L. 93–618, title II, § 257, Jan. 3, 1975, 88 this part shall keep records which fully disclose Stat. 2033; Pub. L. 97–35, title XXV, § 2525, Aug. 13, 1981, the amount and disposition by such recipient of 95 Stat. 892, related to administration of financial as- the proceeds, if any, of such adjustment assist- sistance. ance, and which will facilitate an effective TERMINATION OF REPEAL audit. The recipient shall also keep such other records as the Secretary may prescribe. For termination of repeal of section beginning on Jan. 1, 2014, with certain exceptions and (b) Audit and examination subject to section 233(b) of Pub. L. 112–40, see The Secretary and the Comptroller General of Effective and Termination Dates of Repeal the United States shall have access for the pur- notes below. pose of audit and examination to any books, EFFECTIVE AND TERMINATION DATES OF REPEAL documents, papers, and records of the recipient pertaining to adjustment assistance under this For temporary revival and applicability of repeal, as part. in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as Effective and Termination (c) Certifications Dates of 2011 Revival notes preceding section 2271 of No adjustment assistance under this part shall this title. For termination of repeal and reinstatement be extended to any firm unless the owners, part- of former section 2347 of this title beginning on Jan. 1, 2014, with certain exceptions and subject to section ners, or officers certify to the Secretary— 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, (1) the names of any attorneys, agents, and set out as an Effective and Termination Dates of 2011 other persons engaged by or on behalf of the Revival note preceding section 2271 of this title. firm for the purpose of expediting applications Repeal effective upon the expiration of the 90-day pe- for such adjustment assistance; and riod beginning on Feb. 17, 2009, see section 1864(e) of (2) the fees paid or to be paid to any such Pub. L. 111–5, set out as an Effective and Termination person. Dates note under section 2344 of this title. Except as otherwise provided and subject to certain (Pub. L. 93–618, title II, § 256, formerly § 258, Jan. applicability provisions, repeal effective upon the expi- 3, 1975, 88 Stat. 2033; renumbered § 256 and ration of the 90-day period beginning on Feb. 17, 2009, amended Pub. L. 111–5, div. B, title I, § 1864(a)(2), see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under (c)(1), Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. section 2271 of this title. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. Section 1893 of Pub. L. 111–5, which provided that, ex- 403.) cept as otherwise provided, repeal of this section not REVERSION TO PROVISIONS IN EFFECT ON applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, FEBRUARY 13, 2011 2011, as if the repeal had never been enacted, was re- For reversion, beginning on Jan. 1, 2014, to pealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, provisions in effect on Feb. 13, 2011, with cer- 125 Stat. 403. tain exceptions and subject to section 233(b) of TERMINATION DATE Pub. L. 112–40, see Codification and Effective Except as otherwise provided, technical assistance and Termination Dates of 2011 Revival notes and grants may not be provided under this section after below. Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as CODIFICATION a note preceding section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided for Feb. DEPOSIT OF RECEIPTS FROM TRANSACTIONS UNDER THIS 13, 2011, termination of amendment by Pub. L. 111–5, PART INTO ECONOMIC DEVELOPMENT REVOLVING FUND was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, Pub. L. 100–202, § 101(a) [title I, § 106], Dec. 22, 1987, 101 2011, 125 Stat. 403, and the provisions of this section, as Stat. 1329, 1329–7, provided that: ‘‘Notwithstanding any amended by Pub. L. 111–5 and as in effect on Feb. 12, Page 581 TITLE 19—CUSTOMS DUTIES § 2349

2011, were temporarily revived, effective Oct. 21, 2011, encing in any way a determination under this until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See part, or for the purpose of obtaining money, 2009 and 2011 Amendment notes, Effective and Termi- property, or anything of value under this part, nation Dates of 2009 Amendment notes, and Effective or and Termination Dates of 2011 Revival note below. (2) makes a false statement of a material PRIOR PROVISIONS fact knowing it to be false, or knowingly fails to disclose a material fact, when providing in- A prior section 256 of Pub. L. 93–618 was classified to formation to the Secretary during an inves- section 2346 of this title prior to being temporarily repealed by Pub. L. 111–5 and Pub. L. 112–40. tigation of a petition under this part, shall be imprisoned for not more than 2 years, or AMENDMENTS fined under title 18, or both. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. (Pub. L. 93–618, title II, § 257, formerly § 259, Jan. 12, 2011. See Codification note above and 2009 Amend- 3, 1975, 88 Stat. 2034; renumbered § 257 and ment and Effective and Termination Dates of 2011 Re- amended Pub. L. 111–5, div. B, title I, vival notes below. §§ 1864(a)(2), 1865, Feb. 17, 2009, 123 Stat. 397, 399; 2009—Subsec. (d). Pub. L. 111–5, §§ 1864(c)(1), 1893, tem- Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, porarily struck out subsec. (d). Text read as follows: 125 Stat. 403.) ‘‘No financial assistance shall be provided to any firm under this part unless the owners, partners, or officers REVERSION TO PROVISIONS IN EFFECT ON shall execute an agreement binding them and the firm FEBRUARY 13, 2011 for a period of 2 years after such financial assistance is For reversion, beginning on Jan. 1, 2014, to provided, to refrain from employing, tendering any of- provisions in effect on Feb. 13, 2011, with cer- fice or employment to, or retaining for professional tain exceptions and subject to section 233(b) of services any person who, on the date such assistance or Pub. L. 112–40, see Codification and Effective any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, and Termination Dates of 2011 Revival notes agent, or employee occupying a position or engaging in below. activities which the Secretary shall have determined CODIFICATION involve discretion with respect to the provision of such financial assistance.’’ See Codification note above and Section 1893 of Pub. L. 111–5, which provided for Feb. Effective and Termination Dates of 2009 Amendment 13, 2011, termination of amendment by Pub. L. 111–5, note below. was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, For temporary revival and applicability of provisions until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See as in effect on Feb. 12, 2011, see sections 201(b), (c) and 2009 and 2011 Amendment notes, Effective and Termi- 233 of Pub. L. 112–40, set out as notes preceding section nation Dates of 2009 Amendment notes, and Effective 2271 of this title. For reversion, beginning on Jan. 1, and Termination Dates of 2011 Revival note below. 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. PRIOR PROVISIONS 112–40, see section 233 of Pub. L. 112–40, set out as a note A prior section 257 of Pub. L. 93–618 was classified to preceding section 2271 of this title. section 2347 of this title, prior to being temporarily repealed by Pub. L. 111–5 and Pub. L. 112–40. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT AMENDMENTS Amendment by Pub. L. 111–5 effective upon the expi- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- ration of the 90-day period beginning on Feb. 17, 2009, vived the provisions of this section, as in effect on Feb. see section 1864(e) of Pub. L. 111–5, set out as an Effec- 12, 2011. See Codification note above and 2009 Amend- tive and Termination Dates note under section 2344 of ment and Effective and Termination Dates of 2011 Re- this title. vival notes below. Except as otherwise provided and subject to certain 2009—Pub. L. 111–5, §§ 1865, 1893, temporarily amended applicability provisions, amendment by Pub. L. 111–5 section generally. Prior to amendment, text read as effective upon the expiration of the 90-day period begin- follows: ‘‘Whoever makes a false statement of a mate- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, rial fact knowing it to be false, or knowingly fails to set out as a note under section 2271 of this title. disclose a material fact, or whoever willfully overval- Section 1893 of Pub. L. 111–5, which provided that, ex- ues any security, for the purpose of influencing in any cept as otherwise provided, amendment by Pub. L. 111–5 way a determination under this part, or for the purpose not applicable on or after Feb. 13, 2011, and that this of obtaining money, property, or anything of value section be applied and administered beginning Feb. 13, under this part, shall be fined not more than $5,000 or 2011, as if amendment by Pub. L. 111–5 had never been imprisoned for not more than 2 years, or both.’’ See enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Codification note above and Effective and Termination Oct. 21, 2011, 125 Stat. 403. See Codification note above. Dates of 2009 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL TERMINATION DATE For temporary revival and applicability of provisions Except as otherwise provided, technical assistance as in effect on Feb. 12, 2011, see sections 201(b), (c) and and grants may not be provided under this section after 233 of Pub. L. 112–40, set out as notes preceding section Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as 2271 of this title. For reversion, beginning on Jan. 1, a note preceding section 2271 of this title. 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. § 2349. Penalties 112–40, see section 233 of Pub. L. 112–40, set out as a note Any person who— preceding section 2271 of this title. (1) makes a false statement of a material EFFECTIVE AND TERMINATION DATES OF 2009 fact knowing it to be false, or knowingly fails AMENDMENT to disclose a material fact, or willfully over- Amendment by Pub. L. 111–5 effective upon the expi- values any security, for the purpose of influ- ration of the 90-day period beginning on Feb. 17, 2009, § 2350 TITLE 19—CUSTOMS DUTIES Page 582 see section 1864(e) of Pub. L. 111–5, set out as an Effec- ment and Effective and Termination Dates of 2011 Re- tive and Termination Dates note under section 2344 of vival notes below. this title. 2009—Pub. L. 111–5, §§ 1864(c)(2)(B), 1893, in last sen- Except as otherwise provided and subject to certain tence, temporarily substituted ‘‘section 2343 of this applicability provisions, amendment by Pub. L. 111–5 title’’ for ‘‘sections 2343 and 2344 of this title’’ and made effective upon the expiration of the 90-day period begin- technical amendment to reference in original act which ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, appears in text as reference to ‘‘title 28’’. See Codifica- set out as a note under section 2271 of this title. tion note above and Effective and Termination Dates of Section 1893 of Pub. L. 111–5, which provided that, ex- 2009 Amendment note below. cept as otherwise provided, amendment by Pub. L. 111–5 Pub. L. 111–5, §§ 1864(c)(2)(A), 1893, in first sentence, not applicable on or after Feb. 13, 2011, and that this temporarily struck out ‘‘and financial’’ before ‘‘assist- section be applied and administered beginning Feb. 13, ance’’. See Codification note above and Effective and 2011, as if amendment by Pub. L. 111–5 had never been Termination Dates of 2009 Amendment note below. enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For temporary revival and applicability of provisions TERMINATION DATE as in effect on Feb. 12, 2011, see sections 201(b), (c) and Except as otherwise provided, technical assistance 233 of Pub. L. 112–40, set out as notes preceding section and grants may not be provided under this section after 2271 of this title. For reversion, beginning on Jan. 1, Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as 2014, to provisions in effect on Feb. 13, 2011, with cer- a note preceding section 2271 of this title. tain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note § 2350. Civil actions preceding section 2271 of this title.

In providing technical assistance under this EFFECTIVE AND TERMINATION DATES OF 2009 part the Secretary may sue and be sued in any AMENDMENT court of record of a State having general juris- Amendment by Pub. L. 111–5 effective upon the expi- diction or in any United States district court, ration of the 90-day period beginning on Feb. 17, 2009, and jurisdiction is conferred upon such district see section 1864(e) of Pub. L. 111–5, set out as an Effec- court to determine such controversies without tive and Termination Dates note under section 2344 of regard to the amount in controversy; but no at- this title. tachment, injunction, garnishment, or other Except as otherwise provided and subject to certain similar process, mesne or final, shall be issued applicability provisions, amendment by Pub. L. 111–5 against him or his property. Nothing in this sec- effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, tion shall be construed to except the activities set out as a note under section 2271 of this title. pursuant to section 2343 of this title from the Section 1893 of Pub. L. 111–5, which provided that, ex- application of sections 516, 547, and 2679 of title cept as otherwise provided, amendment by Pub. L. 111–5 28. not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, (Pub. L. 93–618, title II, § 258, formerly § 260, Jan. 2011, as if amendment by Pub. L. 111–5 had never been 3, 1975, 88 Stat. 2034; renumbered § 258 and enacted, was repealed by Pub. L. 112–40, title II, § 201(a), amended Pub. L. 111–5, div. B, title I, § 1864(a)(2), Oct. 21, 2011, 125 Stat. 403. See Codification note above. (c)(2), Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. TERMINATION DATE 403.) Except as otherwise provided, technical assistance and grants may not be provided under this section after REVERSION TO PROVISIONS IN EFFECT ON Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as FEBRUARY 13, 2011 a note preceding section 2271 of this title. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with cer- § 2351. ‘‘Firm’’ defined tain exceptions and subject to section 233(b) of For purposes of this part: Pub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes (1) Firm below. The term ‘‘firm’’ includes an individual pro- prietorship, partnership, joint venture, asso- CODIFICATION ciation, corporation (including a development Section 1893 of Pub. L. 111–5, which provided for Feb. corporation), business trust, cooperative, 13, 2011, termination of amendment by Pub. L. 111–5, trustee in bankruptcy, and receiver under de- was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, cree of any court. A firm, together with any 2011, 125 Stat. 403, and the provisions of this section, as predecessor or successor firm, or any affiliated amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, firm controlled or substantially beneficially until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See owned by substantially the same persons, may 2009 and 2011 Amendment notes, Effective and Termi- be considered a single firm where necessary to nation Dates of 2009 Amendment notes, and Effective prevent unjustifiable benefits. and Termination Dates of 2011 Revival note below. (2) Service sector firm PRIOR PROVISIONS The term ‘‘service sector firm’’ means a firm A prior section 258 of Pub. L. 93–618 was temporarily engaged in the business of supplying services. renumbered section 256 and is classified to section 2348 of this title. (Pub. L. 93–618, title II, § 259, formerly § 261, Jan. 3, 1975, 88 Stat. 2034; renumbered § 259 and AMENDMENTS amended Pub. L. 111–5, div. B, title I, §§ 1861(b), 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- 1864(a)(2), Feb. 17, 2009, 123 Stat. 396, 397; Pub. L. vived the provisions of this section, as in effect on Feb. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 12, 2011. See Codification note above and 2009 Amend- 403.) Page 583 TITLE 19—CUSTOMS DUTIES § 2354

REVERSION TO PROVISIONS IN EFFECT ON (Pub. L. 93–618, title II, § 260, formerly § 262, Jan. FEBRUARY 13, 2011 3, 1975, 88 Stat. 2034; renumbered § 260, Pub. L. For reversion, beginning on Jan. 1, 2014, to 111–5, div. B, title I, § 1864(a)(2), Feb. 17, 2009, 123 provisions in effect on Feb. 13, 2011, with cer- Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), tain exceptions and subject to section 233(b) of Oct. 21, 2011, 125 Stat. 403.) Pub. L. 112–40, see Codification and Effective RENUMBERING OF SECTION and Termination Dates of 2011 Revival notes below. For termination of renumbering of section, beginning on Jan. 1, 2014, see Codification and Ef- CODIFICATION fective and Termination Dates of 2011 Revival Section 1893 of Pub. L. 111–5, which provided for Feb. notes below. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, CODIFICATION 2011, 125 Stat. 403, and the provisions of this section, as Section 1893 of Pub. L. 111–5, which provided for Feb. amended by Pub. L. 111–5 and as in effect on Feb. 12, 13, 2011, termination of renumbering by Pub. L. 111–5, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2009 and 2011 Amendment notes, Effective and Termi- 2011, 125 Stat. 403, and the renumbering of this section nation Dates of 2009 Amendment notes, and Effective by Pub. L. 111–5 was temporarily revived, effective Oct. and Termination Dates of 2011 Revival note below. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Re- PRIOR PROVISIONS vival note below. A prior section 259 of Pub. L. 93–618 was temporarily PRIOR PROVISIONS renumbered section 257 and is classified to section 2349 of this title. A prior section 260 of Pub. L. 93–618 was temporarily renumbered section 258 and is classified to section 2350 AMENDMENTS of this title. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL 12, 2011. See Codification note above and 2009 Amend- For temporary revival and applicability of provisions ment and Effective and Termination Dates of 2011 Re- as in effect on Feb. 12, 2011, see sections 201(b), (c) and vival notes below. 233 of Pub. L. 112–40, set out as notes preceding section 2009—Pub. L. 111–5, §§ 1861(b), 1893, temporarily sub- 2271 of this title. For reversion, beginning on Jan. 1, stituted ‘‘part:’’ for ‘‘part,’’, inserted par. (1) designa- 2014, to provisions in effect on Feb. 13, 2011, with cer- tion and heading, substituted ‘‘The term ‘firm’ ’’ for ‘‘the term ‘firm’ ’’, and added par. (2). See Codification tain exceptions and subject to section 233(b) of Pub. L. note above and Effective and Termination Dates of 2009 112–40, see section 233 of Pub. L. 112–40, set out as a note Amendment note below. preceding section 2271 of this title.

EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL TERMINATION DATE For temporary revival and applicability of provisions Except as otherwise provided, technical assistance as in effect on Feb. 12, 2011, see sections 201(b), (c) and and grants may not be provided under this section after 233 of Pub. L. 112–40, set out as notes preceding section Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as 2271 of this title. For reversion, beginning on Jan. 1, a note preceding section 2271 of this title. 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. § 2353. Repealed. Pub. L. 97–35, title XXV, § 2526, 112–40, see section 233 of Pub. L. 112–40, set out as a note Aug. 13, 1981, 95 Stat. 893 preceding section 2271 of this title. Section, Pub. L. 93–618, title II, § 263, Jan. 3, 1975, 88 EFFECTIVE AND TERMINATION DATES OF 2009 Stat. 2034, contained transitional provisions for certain AMENDMENT events occurring prior to the effective date of this part. Amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, EFFECTIVE DATE OF REPEAL see section 1864(e) of Pub. L. 111–5, set out as an Effec- Repeal effective Aug. 13, 1981, except as otherwise tive and Termination Dates note under section 2344 of provided with respect to applications for adjustment this title. assistance, see section 2529 of Pub. L. 97–35, set out as Except as otherwise provided and subject to certain an Effective Date of 1981 Amendment note under sec- applicability provisions, amendment by Pub. L. 111–5 tion 2343 of this title. effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, § 2354. Study by Secretary of Commerce when set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- International Trade Commission begins in- cept as otherwise provided, amendment by Pub. L. 111–5 vestigation not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, (a) Subject matter of study 2011, as if amendment by Pub. L. 111–5 had never been Whenever the Commission begins an investiga- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), tion under section 2252 of this title with respect Oct. 21, 2011, 125 Stat. 403. See Codification note above. to an industry, the Commission shall imme- TERMINATION DATE diately notify the Secretary of such investiga- Except as otherwise provided, technical assistance tion, and the Secretary shall immediately begin and grants may not be provided under this section after a study of— Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as (1) the number of firms in the domestic in- a note preceding section 2271 of this title. dustry producing the like or directly competitive article which have been or are likely to be § 2352. Regulations certified as eligible for adjustment assistance, The Secretary shall prescribe such regulations and as may be necessary to carry out the provisions (2) the extent to which the orderly adjust- of this part. ment of such firms to the import competition § 2355 TITLE 19—CUSTOMS DUTIES Page 584

may be facilitated through the use of existing EFFECTIVE DATE OF 1988 AMENDMENT programs. Amendment by Pub. L. 100–418 effective Aug. 23, 1988, (b) Report; publication and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or The report of the Secretary of the study under after that date, see section 1401(c) of Pub. L. 100–418, set subsection (a) of this section shall be made to out as a note under section 2251 of this title. the President not later than 15 days after the TERMINATION DATE day on which the Commission makes its report under section 2252(f) of this title. Upon making Except as otherwise provided, technical assistance its report to the President, the Secretary shall and grants may not be provided under this section after also promptly make it public (with the excep- Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title. tion of information which the Secretary determines to be confidential) and shall have a sum- § 2355. Assistance to industry; authorization of mary of it published in the Federal Register. appropriations (c) Information to firms (a) Technical assistance Whenever the Commission makes an affirma- The Secretary may provide technical assist- tive finding under section 2252(b) of this title ance, on such terms and conditions as the Sec- that increased imports are a substantial cause retary deems appropriate, for the establishment of serious injury or threat thereof with respect of industrywide programs for new product devel- to an industry, the Secretary shall make avail- opment, new process development, export devel- able, to the extent feasible, full information to opment, or other uses consistent with the pur- the firms in such industry about programs poses of this part. Such technical assistance which may facilitate the orderly adjustment to may be provided through existing agencies, pri- import competition of such firms, and he shall vate individuals, firms, universities and institu- provide assistance in the preparation and proc- tions, and by grants, contracts, or cooperative essing of petitions and applications of such agreements to associations, unions, or other firms for program benefits. nonprofit industry organizations in which a sub- (Pub. L. 93–618, title II, § 261, formerly § 264, Jan. stantial number of firms or workers have been 3, 1975, 88 Stat. 2035; Pub. L. 100–418, title I, certified as eligible to apply for adjustment as- § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; re- sistance under section 2273 or 2341 of this title. numbered § 261, Pub. L. 111–5, div. B, title I, (b) Expenditures § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. Expenditures for technical assistance under L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 this section may be up to $10,000,000 annually Stat. 403.) per industry and shall be made under such terms RENUMBERING OF SECTION and conditions as the Secretary deems appropriate. For termination of renumbering of section, beginning on Jan. 1, 2014, see Codification and Ef- (Pub. L. 93–618, title II, § 262, formerly § 265, as fective and Termination Dates of 2011 Revival added Pub. L. 97–35, title XXV, § 2527, Aug. 13, notes below. 1981, 95 Stat. 893; amended Pub. L. 98–369, div. B, title VI, § 2673, July 18, 1984, 98 Stat. 1172; renum- CODIFICATION bered § 262, Pub. L. 111–5, div. B, title I, Section 1893 of Pub. L. 111–5, which provided for Feb. § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. 13, 2011, termination of renumbering by Pub. L. 111–5, L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, Stat. 403.) 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 111–5 was temporarily revived, effective Oct. RENUMBERING OF SECTION 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), For termination of renumbering of section, be- 233. See Effective and Termination Dates of 2011 Re- ginning on Jan. 1, 2014, see Codification and Ef- vival note below. fective and Termination Dates of 2011 Revival PRIOR PROVISIONS notes below. A prior section 261 of Pub. L. 93–618 was temporarily CODIFICATION renumbered section 259 and is classified to section 2351 Section 1893 of Pub. L. 111–5, which provided for Feb. of this title. 13, 2011, termination of renumbering by Pub. L. 111–5, AMENDMENTS was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section 1988—Subsec. (a). Pub. L. 100–418 substituted ‘‘section by Pub. L. 111–5 was temporarily revived, effective Oct. 2252’’ for ‘‘section 2251’’. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), Subsec. (b). Pub. L. 100–418 substituted ‘‘section 233. See Effective and Termination Dates of 2011 Re- 2252(f)’’ for ‘‘section 2251’’. vival note below. Subsec. (c). Pub. L. 100–418 substituted ‘‘section 2252(b)’’ for ‘‘section 2251(b)’’. PRIOR PROVISIONS A prior section 262 of Pub. L. 93–618 was temporarily EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL renumbered section 260 and is classified to section 2352 For temporary revival and applicability of provisions of this title. as in effect on Feb. 12, 2011, see sections 201(b), (c) and AMENDMENTS 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, 1984—Subsec. (a). Pub. L. 98–369, § 2673(1), inserted ‘‘or 2014, to provisions in effect on Feb. 13, 2011, with cer- workers’’ after ‘‘of firms’’ and inserted reference to sec- tain exceptions and subject to section 233(b) of Pub. L. tion 2273 of this title. 112–40, see section 233 of Pub. L. 112–40, set out as a note Subsec. (b). Pub. L. 98–369, § 2673(2), substituted preceding section 2271 of this title. ‘‘$10,000,000’’ for ‘‘$2,000,000’’. Page 585 TITLE 19—CUSTOMS DUTIES § 2371

EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL § 2371. Community College and Career Training For temporary revival and applicability of provisions Grant Program as in effect on Feb. 12, 2011, see sections 201(b), (c) and (a) Grants authorized 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, (1) In general 2014, to provisions in effect on Feb. 13, 2011, with cer- Beginning August 1, 2009, the Secretary may tain exceptions and subject to section 233(b) of Pub. L. award Community College and Career Train- 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title. ing Grants to eligible institutions for the purpose of developing, offering, or improving edu- EFFECTIVE DATE cational or career training programs for workers eligible for training under section 2296 of Section effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment this title. assistance, see section 2529 of Pub. L. 97–35, set out as (2) Limitations an Effective Date of 1981 Amendment note under sec- An eligible institution may not be awarded— tion 2343 of this title. (A) more than one grant under this sec- TERMINATION DATE tion; or (B) a grant under this section in excess of Except as otherwise provided, technical assistance $1,000,000. and grants may not be provided under this section after Dec. 31, 2013, see section 285 of Pub. L. 93–618, set out as (b) Definitions a note preceding section 2271 of this title. In this section: § 2356. Repealed. Pub. L. 112–40, title II, (1) Eligible institution § 221(a)(3), Oct. 21, 2011, 125 Stat. 410 The term ‘‘eligible institution’’ means an institution of higher education (as defined in Section, Pub. L. 111–5, div. B, title I, § 1866, Feb. 17, section 1002 of title 20), but only with respect 2009, 123 Stat. 399, required the Secretary of Commerce to a program offered by the institution that to submit and publish an annual report on trade adjustment assistance for firms and proscribed the release of can be completed in not more than 2 years. certain confidential business information. (2) Secretary The term ‘‘Secretary’’ means the Secretary EFFECTIVE DATE OF REPEAL of Labor. Pub. L. 112–40, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410, provided that the repeal of this section is ef- (c) Grant proposals fective on the day after the date on which the Sec- (1) In general retary of Commerce submits the report required by this section for fiscal year 2011. An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in PART 4—TRADE ADJUSTMENT ASSISTANCE FOR such manner, and containing such information COMMUNITIES as the Secretary may require. CODIFICATION (2) Guidelines Section 1893 of Pub. L. 111–5, which provided for Feb. Not later than June 1, 2009, the Secretary 13, 2011, termination of general amendment of this part shall— by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, (A) promulgate guidelines for the submis- § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of sion of grant proposals under this section; this part, as amended by Pub. L. 111–5 and as in effect and on Feb. 12, 2011, were revived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), (c). See 2009 and 2011 Amendment (B) publish and maintain such guidelines notes below. on the website of the Department of Labor. (3) Assistance AMENDMENTS The Secretary shall offer assistance in pre- 2011—Pub. L. 112–40, title II, § 222(a)(1), (2), Oct. 21, paring a grant proposal to any eligible institu- 2011, 125 Stat. 411, amended this part by striking out tion that requests such assistance. subparts A ‘‘Trade Adjustment Assistance for Commu- nities’’ (§ 2371 et seq.), C ‘‘Industry or Sector Partner- (4) General requirements for grant proposals ship Grant Program for Communities Impacted by (A) In general Trade’’ (§ 2373 et seq.), and D ‘‘General Provisions’’ (§ 2374) and designation and heading of subpart B ‘‘Com- A grant proposal submitted to the Sec- munity College and Career Training Grant Program’’ retary under this section shall include a de- (§ 2372 et seq.). tailed description of— Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 (i) the specific project for which the Stat. 403, revived the provisions of this part, as in ef- grant proposal is submitted, including the fect on Feb. 12, 2011. See Codification note above and manner in which the grant will be used to 2009 Amendment note below. develop, offer, or improve an educational 2009—Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, temporarily generally amended this or career training program that is suited part. See Codification note above. to workers eligible for training under section 2296 of this title; EFFECTIVE DATE OF REVIVAL (ii) the extent to which the project for For revival and applicability of provisions as in effect which the grant proposal is submitted will on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, meet the educational or career training set out as an Effective and Termination Dates of 2011 needs of workers in the community served Revival note preceding section 2271 of this title. by the eligible institution who are eligible § 2371 TITLE 19—CUSTOMS DUTIES Page 586

for training under section 2296 of this title; program that the eligible institution pro- and poses to develop, offer, or improve; and (iii) any previous experience of the eligi- (C) an evaluation of prior demand for ble institution in providing educational or training programs by workers eligible for career training programs to workers eligi- training under section 2296 of this title in ble for training under section 2296 of this the community served by the eligible insti- title. tution, as well as the availability and capac- (B) Absence of experience ity of existing training programs to meet future demand for training programs. The absence of any previous experience in (2) Matching requirements providing educational or career training programs described in subparagraph (A)(iii) A grant awarded under this section may not shall not automatically disqualify an eligi- be used to satisfy any private matching re- ble institution from receiving a grant under quirement under any other provision of law. this section. (e) Annual report (5) Community outreach required Not later than December 15, 2009, and annually thereafter, the Secretary shall submit to the In order to be considered by the Secretary, a Committee on Finance of the Senate and the grant proposal submitted by an eligible insti- Committee on Ways and Means of the House of tution under this section shall— Representatives a report— (A) demonstrate that the eligible institu- (1) describing each grant awarded under this tion— section during the preceding fiscal year; (i) reached out to employers to iden- (2) assessing the impact of each award of a tify— grant under this section in a fiscal year pre- (I) any shortcomings in existing edu- ceding the fiscal year referred to in paragraph cational and career training opportuni- (1) on workers receiving training under section ties available to workers in the commu- 2296 of this title; and nity; and (3) providing the following data relating to (II) any future employment opportuni- program performance and outcomes: ties within the community and the edu- (A) Of the grants awarded under this sec- cational and career training skills re- tion, the amount of funds spent by grantees. quired for workers to meet the future (B) The average dollar amount of grants employment demand; and awarded under this section. (C) The average duration of grants award- (ii) reached out to other similarly situ- ed under this section. ated institutions in an effort to benefit (D) The percentage of workers receiving from any best practices that may be benefits under part 2 that are served by pro- shared with respect to providing edu- grams developed, offered, or improved using cational or career training programs to grants awarded under this section. workers eligible for training under section (E) The percentage and number of workers 2296 of this title; and receiving benefits under part 2 who obtained (B) include a detailed description of— a degree through such programs and the av- (i) the extent and outcome of the out- erage duration of the participation of such reach conducted under subparagraph (A); workers in training under section 2296 of this (ii) the extent to which the project for title. (F) The number of workers receiving bene- which the grant proposal is submitted will fits under part 2 served by such programs contribute to meeting any shortcomings who did not complete a degree and the aver- identified under subparagraph (A)(i)(I) or age duration of the participation of such any educational or career training needs workers in training under section 2296 of this identified under subparagraph (A)(i)(II); title. and (iii) the extent to which employers, in- (Pub. L. 93–618, title II, § 271, formerly § 278, as cluding small- and medium-sized firms added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. within the community, have demonstrated 17, 2009, 123 Stat. 406; amended Pub. L. 111–344, a commitment to employing workers who title I, § 101(c)(8), Dec. 29, 2010, 124 Stat. 3614; as would benefit from the project for which added, renumbered § 271, and amended Pub. L. the grant proposal is submitted. 112–40, title II, §§ 201(b), (c), 222(a)(3), (b)(1), (c)(1), Oct. 21, 2011, 125 Stat. 403, 411.) (d) Criteria for award of grants (1) In general CODIFICATION Subject to the appropriation of funds, the Section 1893 of Pub. L. 111–5, which provided for Feb. Secretary shall award a grant under this sec- 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and tion based on— this section, as added by Pub. L. 111–5, as amended by (A) a determination of the merits of the Pub. L. 111–344, and as in effect on Feb. 12, 2011, was re- grant proposal submitted by the eligible in- vived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), stitution to develop, offer, or improve edu- (c). See 2010 and 2011 Amendment and Effective and cational or career training programs to be Termination Dates notes below. made available to workers eligible for train- Section was formerly classified to section 2372 of this title prior to renumbering by Pub. L. 112–40. ing under section 2296 of this title; (B) an evaluation of the likely employ- PRIOR PROVISIONS ment opportunities available to workers who A prior section 2371, Pub. L. 93–618, title II, § 271, as complete an educational or career training added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, Page 587 TITLE 19—CUSTOMS DUTIES § 2372

123 Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), EFFECTIVE AND TERMINATION DATES Oct. 21, 2011, 125 Stat. 403, which defined terms, was re- For revival and applicability of section, as in effect pealed by Pub. L. 112–40, title II, § 222(a)(1), Oct. 21, 2011, on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, 125 Stat. 411. set out as an Effective and Termination Dates of 2011 Another prior section 2371, Pub. L. 93–618, title II, Revival note preceding section 2271 of this title. § 271, Jan. 3, 1975, 88 Stat. 2035, related to petitions and Except as otherwise provided and subject to certain determinations and terminated Sept. 30, 1982, pursuant applicability provisions, section effective upon the ex- to section 285 of Pub. L. 93–618, set out as a Termi- piration of the 90-day period beginning on Feb. 17, 2009, nation Date note preceding section 2271 of this title, see section 1891 of Pub. L. 111–5, set out as an Effective prior to the general amendment of this part by Pub. L. and Termination Dates of 2009 Amendment note under 111–5. section 2271 of this title. AMENDMENTS Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, this section and the general 2011—Subsec. (c)(4)(A)(ii) to (v). Pub. L. 112–40, amendment of this part not applicable on or after Feb. § 222(c)(1)(A)(i)(I), substituted ‘‘; and’’ for semicolon at 13, 2011, and that this part be applied and administered end of cl. (ii), redesignated cl. (v) as (iii), and struck beginning Feb. 13, 2011, as if this section and the gen- out former cls. (iii) and (iv) which read as follows: eral amendment of this part had never been enacted, ‘‘(iii) the extent to which the project for which the was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, grant proposal is submitted fits within any overall 2011, 125 Stat. 403. See Codification note above. strategic plan developed by an eligible community under section 2371e of this title; PURPOSE ‘‘(iv) the extent to which the project for which the Pub. L. 111–5, div. B, title I, § 1871, Feb. 17, 2009, 123 grant proposal is submitted relates to any project fund- Stat. 401, provided that: ‘‘The purpose of the amended by a Sector Partnership Grant awarded under sec- ments made by this part [part III (§§ 1871–1873) of sub- tion 2373 of this title; and’’. title I of title I of div. B of Pub. L. 111–5, enacting this See Codification note above. part and amending section 2395 of this title and section Subsec. (c)(4)(B). Pub. L. 112–40, § 222(c)(1)(A)(i)(II), 1581 of Title 28, Judiciary and Judicial Procedure] is to substituted ‘‘(A)(iii)’’ for ‘‘(A)(v)’’. See Codification assist communities impacted by trade with economic note above. adjustment through the coordination of Federal, State, Subsec. (c)(5)(A)(i). Pub. L. 112–40, and local resources, the creation of community-based § 222(c)(1)(A)(ii)(I)(aa), struck out ‘‘, and other entities development strategies, and the development and pro- described in section 2371e(a)(2)(B) of this title’’ after vision of programs that meet the training needs of ‘‘employers’’ in introductory provisions. See Codifica- workers covered by certifications under section 223 tion note above. [probably means section 223 of Pub. L. 93–618, which is Subsec. (c)(5)(A)(i)(II). Pub. L. 112–40, classified to section 2273 of this title].’’ § 222(c)(1)(A)(ii)(I)(bb), substituted ‘‘; and’’ for semicolon at end. See Codification note above. §§ 2371a to 2371f. Repealed. Pub. L. 112–40, title Subsec. (c)(5)(A)(iii). Pub. L. 112–40, II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411 § 222(c)(1)(A)(ii)(II), struck out cl. (iii) which read as follows: ‘‘reached out to any eligible partnership in the Section 2371a, Pub. L. 93–618, title II, § 272, as added community that has sought or received a Sector Part- Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 nership Grant under section 2373 of this title to en- Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, hance the effectiveness of each grant and avoid duplica- 2011, 125 Stat. 403, related to establishment of trade ad- tion of efforts; and’’. See Codification note above. justment assistance for communities program. Subsec. (d)(2), (3). Pub. L. 112–40, § 222(c)(1)(B), redes- Section 2371b, Pub. L. 93–618, title II, § 273, as added ignated par. (3) as (2) and struck out former par. (2). Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Prior to amendment, text of par. (2) read as follows: ‘‘In Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, awarding grants under this section, the Secretary shall 2011, 125 Stat. 403, related to eligibility for assistance give priority to an eligible institution that serves a and required notifications. community that the Secretary of Commerce has deter- Section 2371c, Pub. L. 93–618, title II, § 274, as added mined under section 2371b of this title is eligible to Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 apply for assistance under subpart A within the 5-year Stat. 403, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, period preceding the date on which the grant proposal 2011, 125 Stat. 403, related to technical assistance to eli- is submitted to the Secretary under this section.’’ See gible communities. Codification note above. Section 2371d, Pub. L. 93–618, title II, § 275, as added Subsec. (e). Pub. L. 112–40, § 222(b)(1)(A), substituted Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 ‘‘December 15, 2009,’’ for ‘‘December 15 in each of the Stat. 403; amended Pub. L. 111–344, title I, § 101(c)(5), calendar years 2009 through’’ in introductory provi- Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 112–40, title sions. See Codification note above. II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to Subsec. (e)(3). Pub. L. 112–40, § 222(b)(1)(B)–(D), added grants for eligible communities. par. (3). See Codification note above. Section 2371e, Pub. L. 93–618, title II, § 276, as added 2010—Subsec. (e). Pub. L. 111–344 substituted ‘‘and an- Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 nually thereafter’’ for ‘‘2011’’ in introductory provi- Stat. 404; amended Pub. L. 111–344, title I, § 101(c)(6), sions. See Codification note above. Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to EFFECTIVE DATE OF 2011 AMENDMENT strategic plans. Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Section 2371f, Pub. L. 93–618, title II, § 277, as added Stat. 411, provided that: ‘‘The amendments made by Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 paragraph (1) [amending this section] shall— Stat. 405; amended Pub. L. 111–344, title I, § 101(c)(7), ‘‘(A) take effect on October 1, 2011; and Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 112–40, title ‘‘(B) apply with respect to reports submitted under II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, provided for subsection (e) of section 271 of the Trade Act of 1974 regulations, personnel, and appropriations to carry out [19 U.S.C. 2371(e)], as redesignated by subsection former subpart A. (a)(3), on or after October 1, 2012.’’ § 2372. Authorization of appropriations EFFECTIVE DATE OF 2010 AMENDMENT (a) Authorization of appropriations Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note There are authorized to be appropriated to the preceding section 2271 of this title. Secretary of Labor $40,000,000 for each of the fis- § 2372a TITLE 19—CUSTOMS DUTIES Page 588 cal years 2009 and 2010, and $10,000,000 for the pe- set out as an Effective and Termination Dates of 2011 riod beginning October 1, 2010, and ending De- Revival note preceding section 2271 of this title. cember 31, 2010, to fund the Community College Except as otherwise provided and subject to certain and Career Training Grant Program. Funds ap- applicability provisions, section effective upon the expropriated pursuant to this section shall remain piration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as an Effective available until expended. and Termination Dates of 2009 Amendment note under (b) Additional funds; minimum allocation to section 2271 of this title. States Section 1893 of Pub. L. 111–5, which provided that, ex- There are appropriated $500,000,000 for each of cept as otherwise provided, this section and the general fiscal years 2011, 2012, 2013, and 2014 to carry out amendment of this part not applicable on or after Feb. 1 13, 2011, and this part to be applied and administered this subpart, except that the limitations con- beginning Feb. 13, 2011, as if this section and the gen- tained in section 2371(a)(2) of this title shall not eral amendment of this part had never been enacted, apply to such funds and each State shall receive was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, not less than 0.5 percent of the amount appro- 2011, 125 Stat. 403. See Codification note above. priated pursuant to this subsection for each such fiscal year. § 2372a. Transferred (Pub. L. 93–618, title II, § 272, formerly § 279, as CODIFICATION added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. Section, Pub. L. 93–618, title II, § 272, formerly § 279, as 17, 2009, 123 Stat. 409; amended Pub. L. 111–152, added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, title I, § 1501, Mar. 30, 2010, 124 Stat. 1070; as 123 Stat. 409; amended Pub. L. 111–152, title I, § 1501, added, renumbered § 272, and amended Pub. L. Mar. 30, 2010, 124 Stat. 1070; as added and renumbered 112–40, title II, §§ 201(b), (c), 222(a)(3), (c)(2), Oct. § 272, Pub. L. 112–40, title II, §§ 201(b), (c), 222(a)(3), Oct. 21, 2011, 125 Stat. 403, 411, 412.) 21, 2011, 125 Stat. 403, 411, which provided for appropriations for fiscal years 2009 to 2014, was transferred to REFERENCES IN TEXT section 2372 of this title. This subpart, referred to in subsec. (b), means former subpart B (§§ 2372, 2372a) of this part. Subpart B was re- §§ 2373 to 2374. Repealed. Pub. L. 112–40, title II, designated as this part, and remaining subparts A, C, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411 and D were struck out, by Pub. L. 112–40, title II, Section 2373, Pub. L. 93–618, title II, § 279A, as added § 222(a)(1), (2), Oct. 21, 2011, 125 Stat. 411. Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 CODIFICATION Stat. 409; amended Pub. L. 111–344, title I, § 101(c)(9), Section 1893 of Pub. L. 111–5, which provided for Feb. Dec. 29, 2010, 124 Stat. 3614; as added Pub. L. 112–40, title 13, 2011, termination of section, was repealed by Pub. L. II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to in- 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and dustry or Sector Partnership Grant program for com- this section, as added by Pub. L. 111–5, as amended by munities impacted by trade. Pub. L. 111–152, and as in effect on Feb. 12, 2011, was re- A prior section 2373, Pub. L. 93–618, title II, § 273, Jan. vived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), 3, 1975, 88 Stat. 2037, related to program benefits and (c). See 2010 and 2011 Amendment and Effective and terminated Sept. 30, 1982, pursuant to section 285 of Termination Dates notes below. Pub. L. 93–618, set out as a Termination Date note pre- Section was formerly classified to section 2372a of ceding section 2271 of this title, prior to the general this title prior to renumbering by Pub. L. 112–40. amendment of this part by Pub. L. 111–5. Section 2373a, Pub. L. 93–618, title II, § 279B, as added PRIOR PROVISIONS Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 A prior section 2372 was transferred to section 2371 of Stat. 413; amended Pub. L. 111–344, title I, § 101(c)(10), this title. Dec. 29, 2010, 124 Stat. 3614; as added Pub. L. 112–40, title Another prior section 2372, Pub. L. 93–618, title II, II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, authorized ap- § 272, Jan. 3, 1975, 88 Stat. 2036, related to Trade Im- propriations to carry out the Sector Partnership Grant pacted Area Councils for Adjustment Assistance and program. terminated Sept. 30, 1982, pursuant to section 285 of Section 2374, Pub. L. 93–618, title II, § 279C, as added Pub. L. 93–618, set out as a Termination Date note pre- Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 ceding section 2271 of this title, prior to the general Stat. 413, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, amendment of this part by Pub. L. 111–5. 2011, 125 Stat. 403, related to a rule of construction re- AMENDMENTS garding multiple sources of assistance. A prior section 2374, Pub. L. 93–618, title II, § 274, Jan. 2011—Subsec. (b). Pub. L. 112–40, § 222(c)(2), sub- 3, 1975, 88 Stat. 2040, related to Community Adjustment stituted ‘‘2371(a)(2)’’ for ‘‘2372(a)(2)’’. See Codification Assistance Fund and terminated Sept. 30, 1982, pursu- note above. ant to section 285 of Pub. L. 93–618, set out as a Termi- 2010—Subsec. (b). Pub. L. 111–152 struck out heading nation Date note preceding section 2271 of this title, which read ‘‘Supplement not supplant’’ and in text sub- prior to the general amendment of this part by Pub. L. stituted ‘‘There are’’ for ‘‘Funds’’ and ‘‘$500,000,000 for 111–5. each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subpart, except that the limitations contained in PART 5—MISCELLANEOUS PROVISIONS section 2372(a)(2) of this title shall not apply to such funds and each State shall receive not less than 0.5 per- § 2391. GAO study and report cent of the amount appropriated pursuant to this subsection for each such fiscal year.’’ for ‘‘pursuant to this (a) Adjustment assistance programs section shall be used to supplement and not supplant The Comptroller General of the United States other Federal, State, and local public funds expended shall conduct a study of the adjustment assist- to support community college and career training programs.’’ See Codification note above. ance programs established under parts 2, 3, and 4 of this subchapter and shall report the results EFFECTIVE AND TERMINATION DATES of such study to the Congress no later than Jan- For revival and applicability of section, as in effect uary 31, 1980. Such report shall include an eval- on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, uation of— (1) the effectiveness of such programs in aid- 1 See References in Text note below. ing workers, firms, and communities to adjust Page 589 TITLE 19—CUSTOMS DUTIES § 2393

to changed economic conditions resulting (b) Collection of data and reports on service sec- from changes in the patterns of international tor trade; and (1) Secretary of Labor (2) the coordination of the administration of Not later than 90 days after February 17, such programs and other Government pro- 2009, the Secretary of Labor shall implement a grams which provide unemployment com- system to collect data on adversely affected pensation and relief to depressed areas. workers employed in the service sector that (b) Assistance from Labor and Commerce De- includes the number of workers by State and partments industry, and by the cause of the dislocation In carrying out his responsibilities under this of each worker, as identified in the certifi- section, the Comptroller General shall, to the cation. extent practical, avail himself of the assistance (2) Secretary of Commerce of the Departments of Labor and Commerce. The Not later than 1 year after February 17, 2009, Secretaries of Labor and Commerce shall make the Secretary of Commerce shall, in consulta- available to the Comptroller General any assist- tion with the Secretary of Labor, conduct a ance necessary for an effective evaluation of the study and submit to the Committee on Fi- adjustment assistance programs established nance of the Senate and the Committee on under this subchapter. Ways and Means of the House of Representa- (Pub. L. 93–618, title II, § 280, Jan. 3, 1975, 88 Stat. tives a report on ways to improve the timeli- 2040.) ness and coverage of data on trade in services, including methods to identify increased im- § 2392. Adjustment Assistance Coordinating Com- ports due to the relocation of United States mittee firms to foreign countries, and increased im- There is established the Adjustment Assist- ports due to United States firms acquiring ance Coordinating Committee to consist of a services from firms in foreign countries. Deputy United States Trade Representative as (Pub. L. 93–618, title II, § 282, Jan. 3, 1975, 88 Stat. Chairman, and the officials charged with adjust- 2040; Pub. L. 111–5, div. B, title I, § 1804(a), Feb. ment assistance responsibilities of the Depart- 17, 2009, 123 Stat. 372; Pub. L. 112–40, title II, ments of Labor and Commerce and the Small § 201(b), (c), Oct. 21, 2011, 125 Stat. 403.) Business Administration. It shall be the func- REVERSION TO PROVISIONS IN EFFECT ON tion of the Committee to coordinate the adjust- FEBRUARY 13, 2011 ment assistance policies, studies, and programs of the various agencies involved and to promote For reversion, beginning on Jan. 1, 2014, to the efficient and effective delivery of adjust- provisions in effect on Feb. 13, 2011, with cer- ment assistance benefits. tain exceptions and subject to section 233(b) of Pub. L. 112–40, see Codification and Effective (Pub. L. 93–618, title II, § 281, Jan. 3, 1975, 88 Stat. and Termination Dates of 2011 Revival notes 2040; 1979 Reorg. Plan No. 3, § 1(c), eff. Jan. 2, below. 1980, 44 F.R. 69274, 93 Stat. 1381.) CODIFICATION CHANGE OF NAME Section 1893 of Pub. L. 111–5, which provided for Feb. ‘‘Deputy United States Trade Representative’’ sub- 13, 2011, termination of amendment by Pub. L. 111–5, stituted in text for ‘‘Deputy Special Trade Representa- was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, tive’’, meaning Deputy Special Representative for 2011, 125 Stat. 403, and the provisions of this section, as Trade Negotiations, pursuant to Reorg. Plan No. 3 of amended by Pub. L. 111–5 and as in effect on Feb. 12, 1979, § 1(c), 44 F.R. 69274, 93 Stat. 1381, eff. Jan. 2, 1980, 2011, were temporarily revived, effective Oct. 21, 2011, as provided by section 1–107(a) of Ex. Ord. No. 12188, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2009 and 2011 Amendment notes, Effective and Termi- 2171 of this title. See, also, section 2171 of this title as nation Dates of 2009 Amendment notes, and Effective amended by Pub. L. 97–456. and Termination Dates of 2011 Revival note below. § 2393. Trade monitoring and data collection AMENDMENTS (a) Monitoring programs 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. The Secretary of Commerce and the Secretary 12, 2011. See Codification note above and 2009 Amend- of Labor shall establish and maintain a program ment and Effective and Termination Dates of 2011 Re- to monitor imports of articles and services into vival notes below. the United States which will reflect changes in 2009—Pub. L. 111–5, §§ 1804(a)(1), 1893, temporarily sub- the volume of such imports, the relation of such stituted ‘‘and data collection’’ for ‘‘system’’ in section imports to changes in domestic production and catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. domestic supply of services, changes in employ- Pub. L. 111–5, §§ 1804(a)(2), (3), 1893, temporarily des- ment within domestic industries producing arti- ignated existing provisions as subsec. (a), inserted cles or supplying services like or directly com- heading, inserted ‘‘and services’’ after ‘‘imports of arti- petitive with such imports, and the extent to cles’’, ‘‘and domestic supply of services’’ after ‘‘domes- which such changes in production, or supply of tic production’’, ‘‘or supplying services’’ after ‘‘produc- services, and employment are concentrated in ing articles’’, and ‘‘, or supply of services,’’ after specific geographic regions of the United States. ‘‘changes in production’’, and added subsec. (b). See A summary of the information gathered under Codification note above and Effective and Termination Dates of 2009 Amendment note below. this section shall be published regularly and provided to the Adjustment Assistance Coordi- EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL nating Committee, the International Trade For temporary revival and applicability of provisions Commission, and to the Congress. as in effect on Feb. 12, 2011, see sections 201(b), (c) and § 2394 TITLE 19—CUSTOMS DUTIES Page 590

233 of Pub. L. 112–40, set out as notes preceding section of the Secretary of Commerce under section 2271 of this title. For reversion, beginning on Jan. 1, 2371b of this title may, within sixty days after 2014, to provisions in effect on Feb. 13, 2011, with cer- notice of such determination, commence a civil tain exceptions and subject to section 233(b) of Pub. L. action in the United States Court of Inter- 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title. national Trade for review of such determination. The clerk of such court shall send a copy of the EFFECTIVE AND TERMINATION DATES OF 2009 summons and the complaint in such action to AMENDMENT the Secretary of Labor, the Secretary of Com- Pub. L. 111–5, div. B, title I, § 1804(c), Feb. 17, 2009, 123 merce, or the Secretary of Agriculture, as the Stat. 373, provided that: ‘‘The amendments made by case may be. Upon receiving a copy of such sum- this section [amending this section] shall take effect on mons and complaint, such Secretary shall the date of the enactment of this Act [Feb. 17, 2009].’’ promptly certify and file in such court the Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 record on which he based such determination. effective upon the expiration of the 90-day period begin- (b) Findings of fact by Secretary; conclusiveness; ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, new or modified findings set out as a note under section 2271 of this title. The findings of fact by the Secretary of Labor, Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 the Secretary of Commerce, or the Secretary of not applicable on or after Feb. 13, 2011, and that this Agriculture, as the case may be, if supported by section be applied and administered beginning Feb. 13, substantial evidence, shall be conclusive; but 2011, as if amendment by Pub. L. 111–5 had never been the court, for good cause shown, may remand enacted, was repealed by Pub. L. 112–40, title II, § 201(a), the case to such Secretary to take further evi- Oct. 21, 2011, 125 Stat. 403. See Codification note above. dence, and such Secretary may thereupon make § 2394. Firms relocating in foreign countries new or modified findings of fact and may modify his previous action, and shall certify to the Before moving productive facilities from the court the record of the further proceedings. United States to a foreign country, every firm Such new or modified findings of fact shall like- should— wise be conclusive if supported by substantial (1) provide notice of the move to its employ- evidence. ees who are likely to be totally or partially (c) Determination; review by Supreme Court separated as a result of the move at least 60 The Court of International Trade shall have days before the date of such move, and jurisdiction to affirm the action of the Sec- (2) provide notice of the move to the Sec- retary of Labor, the Secretary of Commerce, or retary of Labor and the Secretary of Com- the Secretary of Agriculture, as the case may merce on the same day it notifies employees be, or to set such action aside, in whole or in under paragraph (1). part. The judgment of the Court of International (b) 1 It is the sense of the Congress that every Trade shall be subject to review by the United such firm should— States Court of Appeals for the Federal Circuit (1) apply for and use all adjustment assist- as prescribed by the rules of such court. The ance for which it is eligible under this sub- judgment of the Court of Appeals for the Federal chapter, Circuit shall be subject to review by the Su- (2) offer employment opportunities in the preme Court of the United States upon certio- United States, if any exist, to its employees rari as provided in section 1256 1 of title 28. who are totally or partially separated workers (Pub. L. 93–618, title II, § 284, as added Pub. L. as a result of the move, and 96–417, title VI, § 613(a), Oct. 10, 1980, 94 Stat. (3) assist in relocating employees to other 1746; amended Pub. L. 97–164, title I, § 163(a)(5), locations in the United States where employ- Apr. 2, 1982, 96 Stat. 49; Pub. L. 103–182, title V, ment opportunities exist. § 503(d), Dec. 8, 1993, 107 Stat. 2151; Pub. L. (Pub. L. 93–618, title II, § 283, Jan. 3, 1975, 88 Stat. 107–210, div. A, title I, §§ 123(b)(4), 142(a), Aug. 6, 2041.) 2002, 116 Stat. 944, 953; Pub. L. 108–429, title II, § 2004(a)(11)(A), Dec. 3, 2004, 118 Stat. 2590; Pub. § 2395. Judicial review L. 111–5, div. B, title I, § 1873(b)(1), Feb. 17, 2009, (a) Petition for review; time and place of filing 123 Stat. 414; Pub. L. 112–40, title II, § 201(b), (c), A worker, group of workers, certified or recog- Oct. 21, 2011, 125 Stat. 403.) nized union, or authorized representative of REVERSION TO PROVISIONS IN EFFECT ON such worker or group aggrieved by a final deter- FEBRUARY 13, 2011 mination of the Secretary of Labor under sec- For reversion, beginning on Jan. 1, 2014, to tion 2273 of this title, a firm or its representa- provisions in effect on Feb. 13, 2011, with cer- tive or any other interested domestic party ag- tain exceptions and subject to section 233(b) of grieved by a final determination of the Sec- Pub. L. 112–40, see Codification and Effective retary of Commerce under section 2341 of this and Termination Dates of 2011 Revival notes title, an agricultural commodity producer (as below. defined in section 2401(2) of this title) aggrieved by a determination of the Secretary of Agri- CODIFICATION culture under section 2401b or 2401e of this title, Section 1893 of Pub. L. 111–5, which provided for Feb. or a community or authorized representative of 13, 2011, termination of amendment by Pub. L. 111–5, a community aggrieved by a final determination was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as

1 So in original. The first paragraph was not designated subsec. (a). 1 See References in Text note below. Page 591 TITLE 19—CUSTOMS DUTIES § 2397 amended by Pub. L. 111–5 and as in effect on Feb. 12, not applicable on or after Feb. 13, 2011, and that this 2011, were temporarily revived, effective Oct. 21, 2011, section be applied and administered beginning Feb. 13, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2011, as if amendment by Pub. L. 111–5 had never been 2009 and 2011 Amendment notes, Effective and Termi- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), nation Dates of 2009 Amendment notes, and Effective Oct. 21, 2011, 125 Stat. 403. See Codification note above. and Termination Dates of 2011 Revival note below. EFFECTIVE DATE OF 2002 AMENDMENT REFERENCES IN TEXT Amendment by section 123(b)(4) of Pub. L. 107–210 ap- Section 1256 of title 28, referred to in subsec. (c), was plicable with respect to petitions filed under this part repealed by Pub. L. 97–164, title I, § 123, Apr. 2, 1982, 96 on or after the date that is 90 days after Aug. 6, 2002, Stat. 36. except with respect to certain workers, see section 123(c) of Pub. L. 107–210, set out as an Effective Date of AMENDMENTS Repeal note under section 2331 of this title. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- Amendment by section 142(a) of Pub. L. 107–210 effec- vived the provisions of this section, as in effect on Feb. tive on the date that is 180 days after Aug. 6, 2002, see 12, 2011. See Codification note above and 2009 Amend- section 141(b) of Pub. L. 107–210, set out as an Effective ment and Effective and Termination Dates of 2011 Re- Date note under section 2401 of this title. vival notes below. EFFECTIVE DATE OF 1993 AMENDMENT 2009—Subsec. (a). Pub. L. 111–5, §§ 1873(b)(1)(C), 1893, temporarily substituted ‘‘section 2371b’’ for ‘‘section Amendment by Pub. L. 103–182 effective on the date 2371’’. See Codification note above and Effective and the North American Free Trade Agreement enters into Termination Dates of 2009 Amendment note below. force with respect to the United States [Jan. 1, 1994], Pub. L. 111–5, §§ 1873(b)(1)(B), 1893, which directed the see section 506(a) of Pub. L. 103–182, set out as a note temporary substitution of ‘‘or authorized representa- under section 2271 of this title. tive of a community’’ for ‘‘or any other interested do- EFFECTIVE DATE OF 1982 AMENDMENT mestic party’’, was executed by making the temporary substitution for ‘‘or any other interested domestic Amendment by Pub. L. 97–164 effective Oct. 1, 1982, party’’ the second time appearing to reflect the prob- see section 402 of Pub. L. 97–164, set out as a note under able intent of Congress. See Codification note above section 171 of Title 28, Judiciary and Judicial Proce- and Effective and Termination Dates of 2009 Amend- dure. ment note below. EFFECTIVE DATE Pub. L. 111–5, §§ 1873(b)(1)(A), 1893, temporarily inserted ‘‘or 2401e’’ after ‘‘section 2401b’’. See Codification Section applicable with respect to civil actions com- note above and Effective and Termination Dates of 2009 menced on or after Nov. 1, 1980, see section 701(b)(3) of Amendment note below. Pub. L. 96–417 set out as an Effective Date of 1980 2004—Pub. L. 108–429, § 2004(a)(11)(A), amended direc- Amendment note under section 251 of Title 28, Judici- tory language of Pub. L. 107–210, § 142(a)(1). See 2002 ary and Judicial Procedure. Amendment notes below. 2002—Subsec. (a). Pub. L. 107–210, § 142(a)(1), as amend- § 2396. Omitted ed by Pub. L. 108–429, § 2004(a)(11)(A), inserted ‘‘an agri- CODIFICATION cultural commodity producer (as defined in section 2401(2) of this title) aggrieved by a determination of the Section, Pub. L. 93–618, title II, § 286, as added Pub. L. Secretary of Agriculture under section 2401b of this 100–418, title I, § 1427(a), Aug. 23, 1988, 102 Stat. 1251, title,’’ after ‘‘section 2341 of this title,’’ in first sen- which established the Trade Adjustment Assistance tence and substituted ‘‘, the Secretary of Commerce, or Trust Fund, did not become effective pursuant to sec- the Secretary of Agriculture’’ for ‘‘or the Secretary of tion 1430(c) of Pub. L. 100–418, set out as an Effective Commerce’’ in second sentence. Date note under section 2397 of this title. Pub. L. 107–210, § 123(b)(4), struck out ‘‘or section § 2397. Omitted 2331(c) of this title’’ after ‘‘section 2273 of this title’’. Subsecs. (b), (c). Pub. L. 107–210, § 142(a)(1)(B), as CODIFICATION amended by Pub. L. 108–429, § 2004(a)(11)(A)(i), sub- Section, Pub. L. 93–618, title II, § 287, as added Pub. L. stituted ‘‘, the Secretary of Commerce, or the Sec- 100–418, title I, § 1428(b), Aug. 23, 1988, 102 Stat. 1255, retary of Agriculture’’ for ‘‘or the Secretary of Com- which imposed an additional fee, did not become effec- merce’’. tive pursuant to section 1430(b) of Pub. L. 100–418, set 1993—Subsec. (a). Pub. L. 103–182 inserted reference to out below. section 2331(c) of this title. 1982—Subsec. (c). Pub. L. 97–164 substituted ‘‘Court of EFFECTIVE DATE Appeals for the Federal Circuit’’ for ‘‘Court of Customs Section 1430 of Pub. L. 100–418, as amended by Pub. L. and Patent Appeals’’. 100–647, title IX, § 9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided by For temporary revival and applicability of provisions this section, the amendments made by this part [part as in effect on Feb. 12, 2011, see sections 201(b), (c) and 3 (§§ 1421–1430) of subtitle D of title I of Pub. L. 100–418, 233 of Pub. L. 112–40, set out as notes preceding section enacting this section and sections 2318 and 2396 of this 2271 of this title. For reversion, beginning on Jan. 1, title, amending sections 2272, 2275, 2291 to 2293, 2295, 2014, to provisions in effect on Feb. 13, 2011, with cer- 2296, 2311, 2317, 2341, and 2346 of this title, and amending tain exceptions and subject to section 233(b) of Pub. L. provisions set out as a note preceding section 2271 of 112–40, see section 233 of Pub. L. 112–40, set out as a note this title] shall take effect on the date of enactment of preceding section 2271 of this title. this Act [Aug. 23, 1988]. ‘‘(b) ADDITIONAL FEE.— EFFECTIVE AND TERMINATION DATES OF 2009 ‘‘(1) Except as otherwise provided in this sub- AMENDMENT section, the amendment made by section 1428(b) [en- Except as otherwise provided and subject to certain acting this section] shall apply (if at all) to any arti- applicability provisions, amendment by Pub. L. 111–5 cle entered, or withdrawn from warehouse for con- effective upon the expiration of the 90-day period begin- sumption, after the date that is 30 days after the ear- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, lier of— set out as a note under section 2271 of this title. ‘‘(A) the date on which the President submits to Section 1893 of Pub. L. 111–5, which provided that, ex- the Congress the written statement described in cept as otherwise provided, amendment by Pub. L. 111–5 section 1428(a)(3)(A) [set out as a note below], § 2397a TITLE 19—CUSTOMS DUTIES Page 592

‘‘(B) the date that is 2 years after the date of en- ‘‘(2) In the report that is submitted under section 163 actment of this Act [Aug. 23, 1988], or of the Trade Act of 1974 [19 U.S.C. 2213] for 1989 and 1990, ‘‘(C) the date of the enactment of a disapproval the President shall include a statement on the progress resolution that passes both Houses of the Congress of negotiations conducted under paragraph (1). within the 90-day period beginning on the date that ‘‘(3)(A) On the first day after the date of enactment is 2 years after the date of enactment of this Act. of this Act [Aug. 23, 1988] on which the General Agree- ‘‘(2) If the President determines on the date that is ment on Tariffs and Trade allows any country to im- 2 years after the date of enactment of this Act that pose a fee described in paragraph (1), the President the fee imposed by the amendment made by section shall submit to the Congress, and publish in the Fed- 1428(b) is not in the national economic interest, sub- eral Register, a written statement certifying such al- paragraph (B) of paragraph (1) shall not be taken into lowance. account in applying the provisions of paragraph (1). ‘‘(B) On the first day after the date of enactment of [See Determination of President of the United States, this Act on which any foreign country described in No. 90–34, set out below.] paragraph (1)(B) consents to the imposition of such a ‘‘(3) The amendment made by section 1428(b) shall fee by the United States, the President shall submit to apply (if at all) to the products of any foreign coun- the Congress, and publish in the Federal Register, a try described in section 1428(a)(1)(B) [set out as a note written statement certifying such consent. below] that are entered, or withdrawn from ware- ‘‘(4) If— house for consumption, after the later of— ‘‘(A) the President does not submit to the Congress ‘‘(A) the first date on which the fee imposed by the written statement described in paragraph (3)(A) such amendment applies with respect to products of before the date that is 2 years after the date of enact- foreign countries that are not described in section ment of this Act [Aug. 23, 1988], and 1428(a)(1)(B), or ‘‘(B) the President determines on such date that the ‘‘(B) the date on which the President submits to fee imposed by the amendment made by subsection the Congress the written statement described in (b) [enacting this section] is not in the national eco- section 1428(a)(3)(B) [set out as a note below] cer- nomic interest, tifying the consent of such foreign country to the the President shall submit to the Congress, and publish imposition of the fee. in the Federal Register, written notice of such deter- ‘‘(c) TRUST FUND.—The amendments made by section mination on such date. [See Determination of Presi- 1427 [enacting section 2396 of this title] shall take effect dent of the United States, No. 90–34, set out below.] on the first date on which the amendment made by sec- ‘‘(5)(A) Any disapproval resolution that is introduced tion 1428(b) [enacting this section] applies with respect in the Senate or House of Representatives within the to any articles. 90-day period beginning on the date that is 2 years after ‘‘(d) ELIGIBILITY OF WORKERS AND FIRMS.—The amend- the date of enactment of this Act [Aug. 23, 1988] shall, ments made by sections 1421(b) and 1424(b) [amending for purposes of section 152 of the Trade Act of 1974 (19 sections 2272, 2296, and 2341 of this title] shall take ef- U.S.C. 2192), be treated as a joint resolution described fect on the date that is 1 year after the first date on in section 152(a)(1)(A) of such Act. which the amendment made by section 1428(b) [enact- ‘‘(B) For purposes of this part [see Effective Date ing this section] applies with respect to any articles. note above], the term ‘disapproval resolution’ means a ‘‘(e) NOTIFICATION REQUIREMENTS.—The amendments joint resolution of the two Houses of the Congress, the made by section 1422 [amending section 2275 of this matter after the resolving clause of which is as follows: title] shall take effect on the date that is 30 days after ‘That the Congress disapproves of the determination the date of enactment of this Act [Aug. 23, 1988]. made by the President under section 1428(a)(4)(A) of the ‘‘(f) TRAINING REQUIREMENT.—The amendments made Omnibus Trade and Competitiveness Act of 1988 [sub- by subsections (a), (b)(2), and (c)(2) of section 1423 and sec. (a)(4)(A) of this note].’ ’’ by paragraphs (2) and (3) of section 1424(c) [amending sections 2291 to 2293, 2296, and 2311 of this title] shall DETERMINATION THAT CERTAIN IMPORT FEES ARE NOT take effect on the date that is 90 days after the date of IN THE NATIONAL ECONOMIC INTEREST enactment of this Act [Aug. 23, 1988]. Determination of President of the United States, No. ‘‘(g) LIMITATION ON PERIOD FOR WHICH TRADE READ- 90–34, Aug. 23, 1990, 55 F.R. 34889, provided: JUSTMENT ALLOWANCES MAY BE MADE.—The amend- Pursuant to section 1428(a)(4)(B) of the Omnibus ment made by section 1425(a) [amending section 2293 of Trade and Competitiveness Act of 1988 [Pub. L. 100–418, this title] shall not apply with respect to any total sep- set out above], I determine that it is not in the na- aration of a worker from adversely affected employ- tional economic interest to impose the fee described ment (within the meaning of section 247 of such Act [19 under subsection (b) of that section [enacting this sec- U.S.C. 2319]) that occurs before the date of enactment tion]. of this Act [Aug. 23, 1988] if the application of such I hereby authorize and direct the United States Trade amendment with respect to such total separation would Representative to submit to the Congress and publish reduce the period for which such worker would (but for in the Federal Register written notice of this deter- such amendment) be allowed to receive trade readjust- mination. ment allowances under part I of subchapter B of chap- GEORGE BUSH. ter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2291 et seq.].’’ § 2397a. Sense of Congress

IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS It is the sense of Congress that the Secretaries Section 1428(a) of Pub. L. 100–418 provided that: of Labor, Commerce, and Agriculture should ‘‘(1) The President shall— apply the provisions of part 2 (relating to ad- ‘‘(A) undertake negotiations necessary to achieve justment assistance for workers), part 3 (relat- changes in the General Agreement on Tariffs and ing to adjustment assistance for firms), part 4 Trade that would allow any country to impose a (relating to adjustment assistance for commu- small uniform fee of not more than 0.15 percent on all nities), and part 6 (relating to adjustment as- imports to such country for the purpose of using the revenue from such fee to fund programs which di- sistance for farmers), respectively, with the ut- rectly assist adjustment to import competition, and most regard for the interests of workers, firms, ‘‘(B) undertake negotiations with any foreign coun- communities, and farmers petitioning for bene- try that has entered into a free trade agreement with fits under such parts. the United States under subtitle A [§§ 1101 to 1125, of title I of Pub. L. 100–418, see Tables for classification] (Pub. L. 93–618, title II, § 288, as added Pub. L. or under section 102 of the Trade Act of 1974 [19 U.S.C. 111–5, div. B, title I, § 1856(a), Feb. 17, 2009, 123 2112] to obtain the consent of such country to the im- Stat. 394, and Pub. L. 112–40, title II, § 201(b), (c), position of such a fee by the United States. Oct. 21, 2011, 125 Stat. 403.) Page 593 TITLE 19—CUSTOMS DUTIES § 2401

TERMINATION OF SECTION responds to the marketing year with respect For termination of section beginning on Jan. to which a petition is filed under section 1, 2014, with certain exceptions and subject to 2401a of this title. section 233(b) of Pub. L. 112–40, see Codification (3) Contributed importantly and Effective and Termination Dates notes (A) In general below. The term ‘‘contributed importantly’’ CODIFICATION means a cause which is important but not Section 1893 of Pub. L. 111–5, which provided for Feb. necessarily more important than any other 13, 2011, termination of section, was repealed by Pub. L. cause. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and (B) Determination of contributed impor- this section, as added by Pub. L. 111–5 and as in effect tantly on Feb. 12, 2011, was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), The determination of whether imports of 233. See Effective and Termination Dates notes below. articles like or directly competitive with an agricultural commodity with respect to EFFECTIVE AND TERMINATION DATES which a petition under this part was filed For temporary revival and applicability of section, as contributed importantly to a decline in the in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 price of the agricultural commodity shall be of Pub. L. 112–40, set out as Effective and Termination made by the Secretary. Dates of 2011 Revival notes preceding section 2271 of this title. For termination beginning on Jan. 1, 2014, (4) Duly authorized representative with certain exceptions and subject to section 233(b) of The term ‘‘duly authorized representative’’ Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as an Effective and Termination Dates of 2011 Revival means an association of agricultural commod- note preceding section 2271 of this title. ity producers. Except as otherwise provided and subject to certain (5) National average price applicability provisions, section effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, The term ‘‘national average price’’ means see section 1891 of Pub. L. 111–5, set out as an Effective the national average price paid to an agricul- and Termination Dates of 2009 Amendment note under tural commodity producer for an agricultural section 2271 of this title. commodity in a marketing year as determined Section 1893 of Pub. L. 111–5, which provided that, ex- by the Secretary. cept as otherwise provided, section not applicable on or after Jan. 1, 2011, and that this part be applied and ad- (6) Secretary ministered beginning Jan. 1, 2011, as if this section had The term ‘‘Secretary’’ means the Secretary never been enacted, was repealed by Pub. L. 112–40, title of Agriculture. II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. (7) Marketing year The term ‘‘marketing year’’ means— PART 6—ADJUSTMENT ASSISTANCE FOR FARMERS (A) a marketing year designated by the TERMINATION DATE Secretary with respect to an agricultural commodity; or Except as otherwise provided, technical assistance and financial assistance may not be provided under this (B) in the case of an agricultural commod- part after Dec. 31, 2013, see section 285 of Pub. L. 93–618, ity with respect to which the Secretary does set out as a note preceding section 2271 of this title. not designate a marketing year, a calendar year. § 2401. Definitions (Pub. L. 93–618, title II, § 291, as added Pub. L. In this part: 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 (1) Agricultural commodity Stat. 946; amended Pub. L. 109–280, title XIV, § 1635(f)(4), Aug. 17, 2006, 120 Stat. 1171; Pub. L. The term ‘‘agricultural commodity’’ in- 110–234, title I, § 1603(g)(6), May 22, 2008, 122 Stat. cludes— 1012; Pub. L. 110–246, § 4(a), title I, § 1603(g)(6), (A) any agricultural commodity (including June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 111–5, livestock) in its raw or natural state; div. B, title I, § 1881, Feb. 17, 2009, 123 Stat. 414; (B) any class of goods within an agricul- Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, tural commodity; and 125 Stat. 403.) (C) in the case of an agricultural commodity producer described in paragraph (2)(B), REVERSION TO PROVISIONS IN EFFECT ON wild-caught aquatic species. FEBRUARY 13, 2011 (2) Agricultural commodity producer For reversion, beginning on Jan. 1, 2014, to The term ‘‘agricultural commodity pro- provisions in effect on Feb. 13, 2011, with cer- ducer’’ means— tain exceptions and subject to section 233(b) of (A) a person that shares in the risk of pro- Pub. L. 112–40, see Codification and Effective ducing an agricultural commodity and that and Termination Dates of 2011 Revival notes is entitled to a share of the commodity for below. marketing, including an operator, a share- CODIFICATION cropper, or a person that owns or rents the land on which the commodity is produced; or Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, (B) a person that reports gain or loss from was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, the trade or business of fishing on the per- 2011, 125 Stat. 403, and the provisions of this section, as son’s annual Federal income tax return for amended by Pub. L. 111–5 and as in effect on Feb. 12, the taxable year that most closely cor- 2011, were temporarily revived, effective Oct. 21, 2011, § 2401a TITLE 19—CUSTOMS DUTIES Page 594 until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See EFFECTIVE DATE 2009 and 2011 Amendment notes, Effective and Termi- Pub. L. 107–210, div. A, title I, § 141(b), Aug. 6, 2002, 116 nation Dates of 2009 Amendment notes, and Effective Stat. 953, as amended by Pub. L. 108–429, title II, and Termination Dates of 2011 Revival note below. Pub. L. 110–234 and Pub. L. 110–246 made identical § 2004(a)(10), Dec. 3, 2004, 118 Stat. 2590, provided that: amendments to this section. The amendments by Pub. ‘‘The amendments made by this subtitle [subtitle C L. 110–234 were repealed by section 4(a) of Pub. L. [§§ 141 to 143] of title I of Pub. L. 107–210, enacting this 110–246. part and amending section 2395 of this title] shall take effect on the date that is 180 days after the date of en- AMENDMENTS actment of this Act [Aug. 6, 2002].’’

2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- TERMINATION DATE vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- Except as otherwise provided, technical assistance ment and Effective and Termination Dates of 2011 Re- and financial assistance may not be provided under this vival notes below. section after Dec. 31, 2013, see section 285 of Pub. L. 2009—Par. (1). Pub. L. 111–5, §§ 1881(1), 1893, tempo- 93–618, set out as a note preceding section 2271 of this rarily amended par. (1) generally. Prior to amendment, title. text read as follows: ‘‘The term ‘agricultural commodity’ means any agricultural commodity (including live- § 2401a. Petitions; group eligibility stock) in its raw or natural state.’’ See Codification (a) In general note above and Effective and Termination Dates of 2009 Amendment note below. A petition for a certification of eligibility to Par. (2). Pub. L. 111–5, §§ 1881(2), 1893, temporarily apply for adjustment assistance under this part amended par. (2) generally. Prior to amendment, text may be filed with the Secretary by a group of read as follows: ‘‘The term ‘agricultural commodity agricultural commodity producers or by their producer’ has the same meaning as the term ‘person’ as duly authorized representative. Upon receipt of prescribed by regulations promulgated under section 1308(e) of title 7 (before the amendment made by sec- the petition, the Secretary shall promptly pub- tion 1703(a) of the Food, Conservation, and Energy Act lish notice in the Federal Register that the Sec- of 2008).’’ See Codification note above and Effective and retary has received the petition and initiated an Termination Dates of 2009 Amendment note below. investigation. Par. (7). Pub. L. 111–5, §§ 1881(3), 1893, temporarily added par. (7). See Codification note above and Effec- (b) Hearings tive and Termination Dates of 2009 Amendment note If the petitioner, or any other person found by below. the Secretary to have a substantial interest in 2008—Par. (2). Pub. L. 110–246, § 1603(g)(6), inserted the proceedings, submits not later than 10 days ‘‘(before the amendment made by section 1703(a) of the after the date of the Secretary’s publication Food, Conservation, and Energy Act of 2008)’’ before period at end. under subsection (a) of this section a request for 2006—Par. (2). Pub. L. 109–280 substituted ‘‘1308(e)’’ for a hearing, the Secretary shall provide for a pub- ‘‘1308(5)’’. lic hearing and afford such interested person an opportunity to be present, to produce evidence, EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL and to be heard. For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and (c) Group eligibility requirements 233 of Pub. L. 112–40, set out as notes preceding section The Secretary shall certify a group of agricul- 2271 of this title. For reversion, beginning on Jan. 1, tural commodity producers as eligible to apply 2014, to provisions in effect on Feb. 13, 2011, with cer- for adjustment assistance under this part if the tain exceptions and subject to section 233(b) of Pub. L. Secretary determines that— 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title. (1)(A) the national average price of the agricultural commodity produced by the group EFFECTIVE AND TERMINATION DATES OF 2009 during the most recent marketing year for AMENDMENT which data are available is less than 85 per- Except as otherwise provided and subject to certain cent of the average of the national average applicability provisions, amendment by Pub. L. 111–5 price for the commodity in the 3 marketing effective upon the expiration of the 90-day period begin- years preceding such marketing year; ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, (B) the quantity of production of the agri- set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- cultural commodity produced by the group cept as otherwise provided, amendment by Pub. L. 111–5 during such marketing year is less than 85 per- not applicable on or after Feb. 13, 2011, and that this cent of the average of the quantity of produc- section be applied and administered beginning Feb. 13, tion of the commodity produced by the group 2011, as if amendment by Pub. L. 111–5 had never been in the 3 marketing years preceding such mar- enacted, was repealed by Pub. L. 112–40, title II, § 201(a), keting year; Oct. 21, 2011, 125 Stat. 403. See Codification note above. (C) the value of production of the agricul- EFFECTIVE DATE OF 2008 AMENDMENT tural commodity produced by the group dur- Amendment of this section and repeal of Pub. L. ing such marketing year is less than 85 per- 110–234 by Pub. L. 110–246 effective May 22, 2008, the cent of the average value of production of the date of enactment of Pub. L. 110–234, see section 4 of commodity produced by the group in the 3 Pub. L. 110–246, set out as an Effective Date note under marketing years preceding such marketing section 8701 of Title 7, Agriculture. year; or EFFECTIVE DATE OF 2006 AMENDMENT (D) the cash receipts for the agricultural commodity produced by the group during such Amendment by Pub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse marketing year are less than 85 percent of the for consumption, on or after the 15th day after Aug. 17, average of the cash receipts for the commod- 2006, see section 1641 of Pub. L. 109–280, set out as a note ity produced by the group in the 3 marketing under section 58c of this title. years preceding such marketing year; Page 595 TITLE 19—CUSTOMS DUTIES § 2401b

(2) the volume of imports of articles like or former subsecs. (c) to (e), which related to eligibility directly competitive with the agricultural requirements for groups of agricultural commodity commodity produced by the group in the mar- producers to apply for adjustment assistance, a special keting year with respect to which the group rule for such groups after the first year of certification, and determination of qualified year and commodity, re- files the petition increased compared to the spectively. See Codification note above and Effective average volume of such imports during the 3 and Termination Dates of 2009 Amendment note below. marketing years preceding such marketing year; and EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL (3) the increase in such imports contributed For temporary revival and applicability of provisions importantly to the decrease in the national as in effect on Feb. 12, 2011, see sections 201(b), (c) and average price, quantity of production, or value 233 of Pub. L. 112–40, set out as notes preceding section of production of, or cash receipts for, the agri- 2271 of this title. For reversion, beginning on Jan. 1, cultural commodity, as described in paragraph 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. (1). 112–40, see section 233 of Pub. L. 112–40, set out as a note (d) Eligibility of certain other producers preceding section 2271 of this title.

An agricultural commodity producer or group EFFECTIVE AND TERMINATION DATES OF 2009 of producers that resides outside of the State or AMENDMENT region identified in the petition filed under sub- Except as otherwise provided and subject to certain section (a) may file a request to become a party applicability provisions, amendment by Pub. L. 111–5 to that petition not later than 15 days after the effective upon the expiration of the 90-day period begin- date the notice is published in the Federal Reg- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, ister under subsection (a) with respect to that set out as a note under section 2271 of this title. petition. Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 (e) Treatment of classes of goods within a com- not applicable on or after Feb. 13, 2011, and that this modity section be applied and administered beginning Feb. 13, In any case in which there are separate classes 2011, as if amendment by Pub. L. 111–5 had never been of goods within an agricultural commodity, the enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. Secretary shall treat each class as a separate commodity in determining under subsection TERMINATION DATE (c)— Except as otherwise provided, technical assistance (1) group eligibility; and financial assistance may not be provided under this (2) the national average price, quantity of section after Dec. 31, 2013, see section 285 of Pub. L. production, or value of production, or cash re- 93–618, set out as a note preceding section 2271 of this ceipts; and title. (3) the volume of imports. § 2401b. Determinations by Secretary of Agri- (Pub. L. 93–618, title II, § 292, as added Pub. L. culture 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 (a) In general Stat. 947; amended Pub. L. 111–5, div. B, title I, § 1882(a), Feb. 17, 2009, 123 Stat. 415; Pub. L. As soon as practicable after the date on which 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. a petition is filed under section 2401a of this 403.) title, but in any event not later than 40 days after that date, the Secretary shall determine REVERSION TO PROVISIONS IN EFFECT ON whether the petitioning group meets the re- FEBRUARY 13, 2011 quirements of section 2401a(c) of this title and For reversion, beginning on Jan. 1, 2014, to shall, if the group meets the requirements, issue provisions in effect on Feb. 13, 2011, with cer- a certification of eligibility to apply for assist- tain exceptions and subject to section 233(b) of ance under this part covering agricultural com- Pub. L. 112–40, see Codification and Effective modity producers in any group that meets the and Termination Dates of 2011 Revival notes requirements. Each certification shall specify below. the date on which eligibility under this part begins. CODIFICATION (b) Notice Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, Upon making a determination on a petition, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, the Secretary shall promptly publish a summary 2011, 125 Stat. 403, and the provisions of this section, as of the determination in the Federal Register, to- amended by Pub. L. 111–5 and as in effect on Feb. 12, gether with the Secretary’s reasons for making 2011, were temporarily revived, effective Oct. 21, 2011, the determination. until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- (c) Termination of certification nation Dates of 2009 Amendment notes, and Effective Whenever the Secretary determines, with re- and Termination Dates of 2011 Revival note below. spect to any certification of eligibility under AMENDMENTS this part, that the decrease in the national average price, quantity of production, or value of 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- production of, or cash receipts for, the agricul- vived the provisions of this section, as in effect on Feb. tural commodity covered by the certification is 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- no longer attributable to the conditions de- vival notes below. scribed in section 2401a of this title, the Sec- 2009—Subsecs. (c) to (e). Pub. L. 111–5, §§ 1882(a), 1893, retary shall terminate such certification and temporarily added subsecs. (c) to (e) and struck out promptly cause notice of such termination to be § 2401b TITLE 19—CUSTOMS DUTIES Page 596 published in the Federal Register, together with sued under this chapter in any of the 10 fiscal the Secretary’s reasons for making such deter- years preceding the date of the report. mination. (Pub. L. 93–618, title II, § 293, as added Pub. L. (d) Annual report 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Not later than January 30 of each year, the Stat. 948; amended Pub. L. 111–5, div. B, title I, Secretary shall submit to the Committee on Fi- §§ 1882(b), 1884, Feb. 17, 2009, 123 Stat. 416, 419; nance of the Senate and the Committee on Ways Pub. L. 112–40, title II, §§ 201(b), (c), 223(a)(1), Oct. and Means of the House of Representatives a re- 21, 2011, 125 Stat. 403, 412.) port containing the following information with REVERSION TO PROVISIONS IN EFFECT ON respect to the trade adjustment assistance for FEBRUARY 13, 2011 farmers program under this chapter during the For reversion, beginning on Jan. 1, 2014, to preceding fiscal year: provisions in effect on Feb. 13, 2011, with cer- (1) A list of the agricultural commodities tain exceptions and subject to section 233(b) of covered by a certification under this chapter. Pub. L. 112–40, see Codification and Effective (2) The States or regions in which agricul- and Termination Dates of 2011 Revival notes tural commodities are produced and the aggre- below. gate amount of such commodities produced in each such State or region. CODIFICATION (3) The number of petitions filed. Section 1893 of Pub. L. 111–5, which provided for Feb. (4) The number of petitions certified and de- 13, 2011, termination of amendment by Pub. L. 111–5, nied by the Secretary. was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, (5) The average time for processing peti- 2011, 125 Stat. 403, and the provisions of this section, as tions. amended by Pub. L. 111–5 and as in effect on Feb. 12, (6) The number of petitions filed and agricul- 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See tural commodity producers approved for each 2009 and 2011 Amendment notes, Effective and Termi- congressional district of the United States. nation Dates of 2009 Amendment notes, and Effective (7) Of the number of producers approved, the and Termination Dates of 2011 Revival note below. number of agricultural commodity producers AMENDMENTS that entered the program and received benefits. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- (8) The number of agricultural commodity vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- producers that completed initial technical as- ment and Effective and Termination Dates of 2011 Re- sistance. vival notes below. (9) The number of agricultural commodity Subsec. (d). Pub. L. 112–40, §§ 223(a)(1), 233, tempo- producers that completed intensive technical rarily amended subsec. (d) generally. Prior to amend- assistance. ment, text read as follows: ‘‘Not later than January 30, (10) The number of initial business plans ap- 2010, and annually thereafter, the Secretary of Agri- proved and denied by the Secretary. culture shall submit to the Committee on Finance of (11) The number of long-term business plans the Senate and the Committee on Ways and Means of the House of Representatives a report containing the approved and denied by the Secretary. following information with respect to adjustment as- (12) The total number of agricultural com- sistance provided under this part during the preceding modity producers, by congressional district, fiscal year: receiving initial technical assistance and in- ‘‘(1) A list of the agricultural commodities covered tensive technical assistance, respectively, by a certification under this part. under this chapter. ‘‘(2) The States or regions in which such commod- (13) The types of initial technical assistance ities are produced and the aggregate amount of such commodities produced in each such State or region. received by agricultural commodity producers ‘‘(3) The total number of agricultural commodity participating in the program. producers, by congressional district, receiving bene- (14) The types of intensive technical assist- fits under this part. ance received by agricultural commodity pro- ‘‘(4) The total number of agricultural commodity ducers participating in the program. producers, by congressional district, receiving tech- (15) The number of agricultural commodity nical assistance under this part.’’ See Codification note above and Effective and Termi- producers leaving the program before complet- nation Dates of 2011 Revival note below. ing the projects in their long-term business 2009—Subsec. (a). Pub. L. 111–5, §§ 1882(b)(1), 1893, tem- plans and the reason those projects were not porarily substituted ‘‘section 2401a(c) of this title’’ for completed. ‘‘section 2401a(c) or (d) of this title, as the case may (16) The total number of agricultural com- be,’’. See Codification note above and Effective and modity producers, by congressional district, Termination Dates of 2009 Amendment note below. receiving benefits under this chapter. Subsec. (c). Pub. L. 111–5, §§ 1882(b)(2), 1893, temporarily substituted ‘‘decrease in the national average (17) The average duration of benefits re- price, quantity of production, or value of production of, ceived under this chapter. or cash receipts for,’’ for ‘‘decline in price for’’. See (18) The number of agricultural commodity Codification note above and Effective and Termination producers in operation as of the date of the re- Dates of 2009 Amendment note below. port and the number of agricultural commod- Subsec. (d). Pub. L. 111–5, §§ 1884, 1893, temporarily ity producers that ceased operations after added subsec. (d). See Codification note above and Ef- completing the program and in the 1-year pe- fective and Termination Dates of 2009 Amendment note below. riod following completion of the program. (19) The number of agricultural commodity EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL producers that report that such producers re- For temporary revival and applicability of provisions ceived benefits under a prior certification is- as in effect on Feb. 12, 2011, see sections 201(b), (c) and Page 597 TITLE 19—CUSTOMS DUTIES § 2401e

233 of Pub. L. 112–40, set out as notes preceding section TERMINATION DATE 2271 of this title. For reversion, beginning on Jan. 1, Except as otherwise provided, technical assistance 2014, to provisions in effect on Feb. 13, 2011, with cer- and financial assistance may not be provided under this tain exceptions and subject to section 233(b) of Pub. L. section after Dec. 31, 2013, see section 285 of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note 93–618, set out as a note preceding section 2271 of this preceding section 2271 of this title. title. EFFECTIVE DATE OF 2011 AMENDMENT § 2401d. Benefit information to agricultural com- Pub. L. 112–40, title II, § 223(a)(2), Oct. 21, 2011, 125 Stat. 413, provided that: ‘‘The amendment made by modity producers paragraph (1) [amending this section] shall— (a) In general ‘‘(A) take effect on October 1, 2011; and ‘‘(B) apply with respect to reports submitted under The Secretary shall provide full information section 293(d) of the Trade Act of 1974 (19 U.S.C. to agricultural commodity producers about the 2401b(d)) on or after October 1, 2012.’’ benefit allowances, training, and other employ- EFFECTIVE AND TERMINATION DATES OF 2009 ment services available under this subchapter AMENDMENT and about the petition and application proce- Except as otherwise provided and subject to certain dures, and the appropriate filing dates, for such applicability provisions, amendment by Pub. L. 111–5 allowances, training, and services. The Sec- effective upon the expiration of the 90-day period begin- retary shall provide whatever assistance is nec- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, essary to enable groups to prepare petitions or set out as a note under section 2271 of this title. applications for program benefits under this Section 1893 of Pub. L. 111–5, which provided that, ex- subchapter. cept as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this (b) Notice of benefits section be applied and administered beginning Feb. 13, (1) In general 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), The Secretary shall mail written notice of Oct. 21, 2011, 125 Stat. 403. See Codification note above. the benefits available under this part to each agricultural commodity producer that the TERMINATION DATE Secretary has reason to believe is covered by Except as otherwise provided, technical assistance a certification made under this part. and financial assistance may not be provided under this section after Dec. 31, 2013, see section 285 of Pub. L. (2) Other notice 93–618, set out as a note preceding section 2271 of this The Secretary shall publish notice of the title. benefits available under this part to agricul- § 2401c. Study by Secretary of Agriculture when tural commodity producers that are covered International Trade Commission begins in- by each certification made under this part in vestigation newspapers of general circulation in the areas in which such producers reside. (a) In general (3) Other Federal assistance Whenever the International Trade Commission (in this part referred to as the ‘‘Commission’’) The Secretary shall also provide information begins an investigation under section 2252 of this concerning procedures for applying for and re- title with respect to an agricultural commodity, ceiving all other Federal assistance and serv- the Commission shall immediately notify the ices available to workers facing economic dis- Secretary of the investigation. Upon receipt of tress. the notification, the Secretary shall imme- (Pub. L. 93–618, title II, § 295, as added Pub. L. diately conduct a study of— 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 (1) the number of agricultural commodity Stat. 949.) producers producing a like or directly competitive agricultural commodity who have TERMINATION DATE been or are likely to be certified as eligible for Except as otherwise provided, technical assistance adjustment assistance under this part, and and financial assistance may not be provided under this (2) the extent to which the adjustment of section after Dec. 31, 2013, see section 285 of Pub. L. such producers to the import competition may 93–618, set out as a note preceding section 2271 of this be facilitated through the use of existing pro- title. grams. § 2401e. Qualifying requirements and benefits for (b) Report agricultural commodity producers Not later than 15 days after the day on which (a) In general the Commission makes its report under section 2252(f) of this title, the Secretary shall submit a (1) Requirements report to the President setting forth the find- (A) In general ings of the study described in subsection (a) of Benefits under this part shall be available this section. Upon making the report to the to an agricultural commodity producer cov- President, the Secretary shall also promptly ered by a certification under this part who make the report public (with the exception of files an application for such benefits not information which the Secretary determines to later than 90 days after the date on which be confidential) and shall have a summary of the the Secretary makes a determination and is- report published in the Federal Register. sues a certification of eligibility under sec- (Pub. L. 93–618, title II, § 294, as added Pub. L. tion 2401b of this title, if the producer sub- 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 mits to the Secretary sufficient information Stat. 949.) to establish that— § 2401e TITLE 19—CUSTOMS DUTIES Page 598

(i) the producer produced the agricul- part during any crop year may not exceed tural commodity covered by the applica- the limitations on payments set forth in tion filed under this subsection in the mar- subsections (b)(2), (b)(3), (c)(2), and (c)(3) of keting year with respect to which the peti- section 1308 of title 7. tion is filed and in at least 1 of the 3 mar- (b) Technical assistance keting years preceding that marketing year; (1) Initial technical assistance (ii)(I) the quantity of the agricultural (A) In general commodity that was produced by the producer in the marketing year with respect An agricultural commodity producer that to which the petition is filed has decreased files an application and meets the require- compared to the most recent marketing ments under subsection (a)(1) shall be enti- year preceding that marketing year for tled to receive initial technical assistance which data are available; or designed to improve the competitiveness of (II)(aa) the price received for the agricul- the production and marketing of the agricultural commodity by the producer during tural commodity with respect to which the the marketing year with respect to which producer was certified under this part. Such the petition is filed has decreased com- assistance shall include information regard- pared to the average price for the commod- ing— ity received by the producer in the 3 mar- (i) improving the yield and marketing of keting years preceding that marketing that agricultural commodity; and year; or (ii) the feasibility and desirability of (bb) the county level price maintained substituting one or more alternative agri- by the Secretary for the agricultural com- cultural commodities for that agricultural modity on the date on which the petition commodity. is filed has decreased compared to the av- (B) Transportation and subsistence expenses erage county level price for the commodity in the 3 marketing years preceding the (i) In general date on which the petition is filed; and The Secretary may authorize supple- (iii) the producer is not receiving— mental assistance necessary to defray rea- (I) cash benefits under part 2 or 3; or sonable transportation and subsistence ex- (II) benefits based on the production of penses incurred by an agricultural com- an agricultural commodity covered by modity producer in connection with initial another petition filed under this part. technical assistance under subparagraph (B) Special rule with respect to crops not (A) if such assistance is provided at facili- grown every year ties that are not within normal commut- For purposes of subparagraph ing distance of the regular place of resi- (A)(ii)(II)(aa), if a petition is filed with re- dence of the producer. spect to an agricultural commodity that is (ii) Exceptions not produced by the producer every year, an agricultural commodity producer producing The Secretary may not authorize pay- that commodity may establish the average ments to an agricultural commodity pro- price received for the commodity by the producer under clause (i)— ducer in the 3 marketing years preceding the (I) for subsistence expenses that exceed year with respect to which the petition is the lesser of— filed by using average price data for the 3 (aa) the actual per diem expenses for most recent marketing years in which the subsistence incurred by the producer; producer produced the commodity and for or which data are available. (bb) the prevailing per diem allow- (2) Limitations based on adjusted gross income ance rate authorized under Federal travel regulations; or (A) In general Notwithstanding any other provision of (II) for travel expenses that exceed the this part, an agricultural commodity pro- prevailing mileage rate authorized under ducer shall not be eligible for assistance the Federal travel regulations. under this part in any year in which the av- (2) Intensive technical assistance erage adjusted gross income (as defined in A producer that has completed initial tech- section 1308–3a(a) of title 7) of the producer nical assistance under paragraph (1) shall be exceeds the level set forth in subparagraph eligible to participate in intensive technical (A) or (B) of section 1308–3a(b)(1) of title 7, assistance. Such assistance shall consist of— whichever is applicable. (A) a series of courses to further assist the (B) Demonstration of compliance producer in improving the competitiveness An agricultural commodity producer shall of the producer in producing— provide to the Secretary such information as (i) the agricultural commodity with re- the Secretary determines necessary to dem- spect to which the producer was certified onstrate that the producer is in compliance under this part; or with the limitation under subparagraph (A). (ii) another agricultural commodity; and (C) Counter-cyclical and acre payments (B) assistance in developing an initial The total amount of payments made to an business plan based on the courses com- agricultural commodity producer under this pleted under subparagraph (A). Page 599 TITLE 19—CUSTOMS DUTIES § 2401e

(3) Initial business plan Stat. 949; amended Pub. L. 108–429, title II, (A) Approval by Secretary § 2004(a)(9), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1883(a), Feb. 17, 2009, 123 The Secretary shall approve an initial Stat. 416; Pub. L. 112–40, title II, § 201(b), (c), Oct. business plan developed under paragraph 21, 2011, 125 Stat. 403.) (2)(B) if the plan— (i) reflects the skills gained by the pro- REVERSION TO PROVISIONS IN EFFECT ON ducer through the courses described in FEBRUARY 13, 2011 paragraph (2)(A); and For reversion, beginning on Jan. 1, 2014, to (ii) demonstrates how the producer will provisions in effect on Feb. 13, 2011, with cer- apply those skills to the circumstances of tain exceptions and subject to section 233(b) of the producer. Pub. L. 112–40, see Codification and Effective (B) Financial assistance for implementing and Termination Dates of 2011 Revival notes initial business plan below. Upon approval of the producer’s initial CODIFICATION business plan by the Secretary under sub- Section 1893 of Pub. L. 111–5, which provided for Feb. paragraph (A), a producer shall be entitled 13, 2011, termination of amendment by Pub. L. 111–5, to an amount not to exceed $4,000 to— was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, (i) implement the initial business plan; 2011, 125 Stat. 403, and the provisions of this section, as or amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, (ii) develop a long-term business adjust- until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See ment plan under paragraph (4). 2009 and 2011 Amendment notes, Effective and Termi- (4) Long-term business adjustment plan nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival note below. (A) In general A producer that has completed intensive AMENDMENTS technical assistance under paragraph (2) and 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- whose initial business plan has been ap- vived the provisions of this section, as in effect on Feb. proved under paragraph (3)(A) shall be eligi- 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- ble for, in addition to the amount under sub- vival notes below. paragraph (C), assistance in developing a 2009—Pub. L. 111–5, §§ 1883(a), 1893, temporarily long-term business adjustment plan. amended section generally. Prior to amendment, sec- (B) Approval of long-term business adjust- tion related to qualifying requirements for adjustment ment plans assistance, amount of cash benefits, maximum amount in any 12-month period, and limitations on other assist- The Secretary shall approve a long-term ance. See Codification note above and Effective and business adjustment plan developed under Termination Dates of 2009 Amendment note below. subparagraph (A) if the Secretary deter- 2004—Subsec. (a)(1). Pub. L. 108–429, § 2004(a)(9)(A)(i), mines that the plan— substituted ‘‘adjustment assistance under this part’’ for ‘‘trade adjustment allowance’’ and ‘‘such assist- (i) includes steps reasonably calculated ance’’ for ‘‘such allowance’’ in introductory provisions. to materially contribute to the economic Subsec. (a)(1)(A). Pub. L. 108–429, § 2004(a)(9)(A)(ii), adjustment of the producer to changing made technical amendment to reference in original act market conditions; which appears in text as reference to this subsection. (ii) takes into consideration the inter- Subsec. (b)(2). Pub. L. 108–429, § 2004(a)(9)(B), sub- ests of the workers employed by the pro- stituted ‘‘paragraph (1), except’’ for ‘‘paragraph (1) ex- ducer; and cept’’. (iii) demonstrates that the producer will EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL have sufficient resources to implement the For temporary revival and applicability of provisions business plan. as in effect on Feb. 12, 2011, see sections 201(b), (c) and (C) Plan implementation 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, Upon approval of the producer’s long-term 2014, to provisions in effect on Feb. 13, 2011, with cer- business adjustment plan under subpara- tain exceptions and subject to section 233(b) of Pub. L. graph (B), a producer shall be entitled to an 112–40, see section 233 of Pub. L. 112–40, set out as a note amount not to exceed $8,000 to implement preceding section 2271 of this title. the long-term business adjustment plan. EFFECTIVE AND TERMINATION DATES OF 2009 (c) Maximum amount of assistance AMENDMENT An agricultural commodity producer may re- Except as otherwise provided and subject to certain ceive not more than $12,000 under paragraphs (3) applicability provisions, amendment by Pub. L. 111–5 and (4) of subsection (b) in the 36-month period effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, following certification under section 2401b of set out as a note under section 2271 of this title. this title. Section 1893 of Pub. L. 111–5, which provided that, ex- (d) Limitations on other assistance cept as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this An agricultural commodity producer that re- section be applied and administered beginning Feb. 13, ceives benefits under this part (other than ini- 2011, as if amendment by Pub. L. 111–5 had never been tial technical assistance under subsection (b)(1)) enacted, was repealed by Pub. L. 112–40, title II, § 201(a), shall not be eligible for cash benefits under part Oct. 21, 2011, 125 Stat. 403. See Codification note above. 2 or 3. TERMINATION DATE (Pub. L. 93–618, title II, § 296, as added Pub. L. Except as otherwise provided, technical assistance 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 and financial assistance may not be provided under this § 2401f TITLE 19—CUSTOMS DUTIES Page 600 section after Dec. 31, 2013, see section 285 of Pub. L. Stat. 952; amended Pub. L. 111–5, div. B, title I, 93–618, set out as a note preceding section 2271 of this § 1885, Feb. 17, 2009, 123 Stat. 419; Pub. L. 112–40, title. title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403.) § 2401f. Fraud and recovery of overpayments REVERSION TO PROVISIONS IN EFFECT ON (a) In general FEBRUARY 13, 2011 (1) Repayment For reversion, beginning on Jan. 1, 2014, to If the Secretary, or a court of competent ju- provisions in effect on Feb. 13, 2011, with cer- risdiction, determines that any person has retain exceptions and subject to section 233(b) of ceived any payment under this part to which Pub. L. 112–40, see Codification and Effective the person was not entitled, or has expended and Termination Dates of 2011 Revival notes funds received under this part for a purpose below. that was not approved by the Secretary, such CODIFICATION person shall be liable to repay such amount to the Secretary, except that the Secretary may Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, waive such repayment if the Secretary deter- was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, mines, in accordance with guidelines pre- 2011, 125 Stat. 403, and the provisions of this section, as scribed by the Secretary, that— amended by Pub. L. 111–5 and as in effect on Feb. 12, (A) the payment was made without fault 2011, were temporarily revived, effective Oct. 21, 2011, on the part of such person; and until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See (B) requiring such repayment would be 2009 and 2011 Amendment notes, Effective and Termi- contrary to equity and good conscience. nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival note below. (2) Recovery of overpayment Unless an overpayment is otherwise recov- AMENDMENTS ered, or waived under paragraph (1), the Sec- 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- retary shall recover the overpayment by de- vived the provisions of this section, as in effect on Feb. ductions from any sums payable to such per- 12, 2011. See Codification note above and 2009 Amend- son under this part. ment and Effective and Termination Dates of 2011 Re- vival notes below. (b) False statement 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1885, 1893, tempo- A person shall, in addition to any other pen- rarily inserted ‘‘or has expended funds received under alty provided by law, be ineligible for any fur- this part for a purpose that was not approved by the ther payments under this part— Secretary,’’ after ‘‘entitled,’’ in introductory provi- (1) if the Secretary, or a court of competent sions. See Codification note above and Effective and jurisdiction, determines that the person— Termination Dates of 2009 Amendment note below. (A) knowingly has made, or caused another EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL to make, a false statement or representation For temporary revival and applicability of provisions of a material fact; or as in effect on Feb. 12, 2011, see sections 201(b), (c) and (B) knowingly has failed, or caused an- 233 of Pub. L. 112–40, set out as notes preceding section other to fail, to disclose a material fact; and 2271 of this title. For reversion, beginning on Jan. 1, (2) as a result of such false statement or rep- 2014, to provisions in effect on Feb. 13, 2011, with cer- resentation, or of such nondisclosure, such tain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note person has received any payment under this preceding section 2271 of this title. part to which the person was not entitled. (c) Notice and determination EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except for overpayments determined by a court of competent jurisdiction, no repayment Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 may be required, and no deduction may be made, effective upon the expiration of the 90-day period begin- under this section until a determination under ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, subsection (a)(1) of this section by the Secretary set out as a note under section 2271 of this title. has been made, notice of the determination and Section 1893 of Pub. L. 111–5, which provided that, ex- an opportunity for a fair hearing thereon has cept as otherwise provided, amendment by Pub. L. 111–5 been given to the person concerned, and the de- not applicable on or after Feb. 13, 2011, and that this termination has become final. section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been (d) Payment to Treasury enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Any amount recovered under this section shall Oct. 21, 2011, 125 Stat. 403. See Codification note above. be returned to the Treasury of the United TERMINATION DATE States. (e) Penalties Except as otherwise provided, technical assistance and financial assistance may not be provided under this Whoever makes a false statement of a mate- section after Dec. 31, 2013, see section 285 of Pub. L. rial fact knowing it to be false, or knowingly 93–618, set out as a note preceding section 2271 of this fails to disclose a material fact, for the purpose title. of obtaining or increasing for himself or for any other person any payment authorized to be fur- § 2401g. Authorization of appropriations nished under this part shall be fined not more (a) In general than $10,000 or imprisoned for not more than 1 There are authorized to be appropriated to the year, or both. Department of Agriculture not to exceed (Pub. L. 93–618, title II, § 297, as added Pub. L. $90,000,000 for each of the fiscal years 2012 and 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 2013, and $22,500,000 for the 3-month period begin- Page 601 TITLE 19—CUSTOMS DUTIES § 2411 ning on October 1, 2013, and ending on December 233 of Pub. L. 112–40, set out as notes preceding section 31, 2013, to carry out the purposes of this part, 2271 of this title. For reversion, beginning on Jan. 1, including administrative costs, and salaries and 2014, to provisions in effect on Feb. 13, 2011, with cer- expenses of employees of the Department of Ag- tain exceptions and subject to section 233(b) of Pub. L. riculture. 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title. (b) Proportionate reduction EFFECTIVE DATE OF 2010 AMENDMENT If in any year the amount appropriated under this part is insufficient to meet the require- Amendment by Pub. L. 111–344 effective Jan. 1, 2011, ments for adjustment assistance payable under see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title. this part, the amount of assistance payable under this part shall be reduced proportionately. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT (Pub. L. 93–618, title II, § 298, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Except as otherwise provided and subject to certain Stat. 952; amended Pub. L. 110–89, § 1(c), Sept. 28, applicability provisions, amendment by Pub. L. 111–5 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, § 1887, Feb. 17, 2009, 123 Stat. 420; Pub. L. 111–344, set out as a note under section 2271 of this title. title I, § 101(c)(12), Dec. 29, 2010, 124 Stat. 3614; Section 1893 of Pub. L. 111–5, which provided that, ex- Pub. L. 112–40, title II, §§ 201(b), (c), 223(b), Oct. cept as otherwise provided, amendment by Pub. L. 111–5 21, 2011, 125 Stat. 403, 413.) not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, REVERSION TO PROVISIONS IN EFFECT ON 2011, as if amendment by Pub. L. 111–5 had never been FEBRUARY 13, 2011 enacted, with certain exceptions, was repealed by Pub. For reversion, beginning on Jan. 1, 2014, to L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See provisions in effect on Feb. 13, 2011, with cer- Codification note above. tain exceptions and subject to section 233(b) of EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes Amendment by Pub. L. 110–89 effective Oct. 1, 2007, below. see section 1(e) of Pub. L. 110–89, set out as a note under section 2317 of this title. CODIFICATION TERMINATION DATE Section 1893 of Pub. L. 111–5, which provided for Feb. Except as otherwise provided, technical assistance 13, 2011, termination of amendment by Pub. L. 111–5, and financial assistance may not be provided under this was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as section after Dec. 31, 2013, see section 285 of Pub. L. amended by Pub. L. 111–5 and Pub. L. 111–344 and as in 93–618, set out as a note preceding section 2271 of this effect on Feb. 12, 2011, were temporarily revived, effec- title. tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, SUBCHAPTER III—ENFORCEMENT OF §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amend- UNITED STATES RIGHTS UNDER TRADE ment notes, Effective Date of 2010 Amendment note, AGREEMENTS AND RESPONSE TO CER- and Effective and Termination Dates of 2011 Revival TAIN FOREIGN TRADE PRACTICES note below. § 2411. Actions by United States Trade Rep- AMENDMENTS resentative 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- (a) Mandatory action vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 and 2010 (1) If the United States Trade Representative Amendment and Effective and Termination Dates of determines under section 2414(a)(1) of this title 2011 Revival notes below. that— 2010—Subsec. (a). Pub. L. 111–344 substituted (A) the rights of the United States under any ‘‘$10,400,000 for the 6-week period beginning January 1, trade agreement are being denied; or 2011, and ending February 12, 2011’’ for ‘‘$90,000,000 for each of the fiscal years 2009 and 2010, and $22,500,000 for (B) an act, policy, or practice of a foreign the period beginning October 1, 2010, and ending Decem- country— ber 31, 2010’’. See Codification note above. (i) violates, or is inconsistent with, the 2009—Subsec. (a). Pub. L. 111–5, §§ 1887, 1893, tempo- provisions of, or otherwise denies benefits to rarily substituted ‘‘fiscal years 2009 and 2010, and the United States under, any trade agree- $22,500,000 for the period beginning October 1, 2010, and ment, or ending December 31, 2010, to carry out the purposes of (ii) is unjustifiable and burdens or re- this part, including administrative costs, and salaries stricts United States commerce; and expenses of employees of the Department of Agri- culture.’’ for ‘‘fiscal years 2003 through 2007 to carry the Trade Representative shall take action au- out the purposes of this part, and there are authorized thorized in subsection (c) of this section, subject to be appropriated and there are appropriated to the to the specific direction, if any, of the President Department of Agriculture to carry out this part regarding any such action, and shall take all $9,000,000 for the 3-month period beginning on October 1, 2007.’’ See Codification note above and Effective and other appropriate and feasible action within the Termination Dates of 2009 Amendment note below. power of the President that the President may 2007—Subsec. (a). Pub. L. 110–89 inserted before period direct the Trade Representative to take under at end ‘‘, and there are authorized to be appropriated this subsection, to enforce such rights or to ob- and there are appropriated to the Department of Agri- tain the elimination of such act, policy, or prac- culture to carry out this part $9,000,000 for the 3-month tice. Actions may be taken that are within the period beginning on October 1, 2007’’. power of the President with respect to trade in EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL any goods or services, or with respect to any For temporary revival and applicability of provisions other area of pertinent relations with the for- as in effect on Feb. 12, 2011, see sections 201(b), (c) and eign country. § 2411 TITLE 19—CUSTOMS DUTIES Page 602

(2) The Trade Representative is not required with respect to trade in any goods or services, to take action under paragraph (1) in any case in or with respect to any other area of pertinent which— relations with the foreign country. (A) the Dispute Settlement Body (as defined (c) Scope of authority in section 3531(5) of this title) has adopted a (1) For purposes of carrying out the provisions report, or a ruling issued under the formal dis- of subsection (a) or (b) of this section, the Trade pute settlement proceeding provided under Representative is authorized to— any other trade agreement finds, that— (A) suspend, withdraw, or prevent the appli- (i) the rights of the United States under a cation of, benefits of trade agreement conces- trade agreement are not being denied, or sions to carry out a trade agreement with the (ii) the act, policy, or practice— foreign country referred to in such subsection; (I) is not a violation of, or inconsistent (B) impose duties or other import restric- with, the rights of the United States, or tions on the goods of, and, notwithstanding (II) does not deny, nullify, or impair ben- any other provision of law, fees or restrictions efits to the United States under any trade on the services of, such foreign country for agreement; or such time as the Trade Representative deter- (B) the Trade Representative finds that— mines appropriate; (i) the foreign country is taking satisfac- (C) in a case in which the act, policy, or tory measures to grant the rights of the practice also fails to meet the eligibility cri- United States under a trade agreement, teria for receiving duty-free treatment under (ii) the foreign country has— subsections (b) and (c) of section 2462 of this (I) agreed to eliminate or phase out the title, subsections (b) and (c) of section 2702 of act, policy, or practice, or this title, or subsections (c) and (d) of section (II) agreed to an imminent solution to 3202 of this title, withdraw, limit, or suspend the burden or restriction on United States such treatment under such provisions, not- commerce that is satisfactory to the Trade withstanding the provisions of subsection Representative, (a)(3) of this section; or (iii) it is impossible for the foreign country (D) enter into binding agreements with such to achieve the results described in clause (i) foreign country that commit such foreign or (ii), as appropriate, but the foreign coun- country to— try agrees to provide to the United States (i) eliminate, or phase out, the act, policy, compensatory trade benefits that are satis- or practice that is the subject of the action factory to the Trade Representative, to be taken under subsection (a) or (b) of (iv) in extraordinary cases, where the tak- this section, ing of action under this subsection would (ii) eliminate any burden or restriction on have an adverse impact on the United States United States commerce resulting from such economy substantially out of proportion to act, policy, or practice, or the benefits of such action, taking into ac- (iii) provide the United States with com- count the impact of not taking such action pensatory trade benefits that— on the credibility of the provisions of this (I) are satisfactory to the Trade Rep- subchapter, or resentative, and (v) the taking of action under this sub- (II) meet the requirements of paragraph section would cause serious harm to the na- (4). tional security of the United States. (2)(A) Notwithstanding any other provision of (3) Any action taken under paragraph (1) to law governing any service sector access author- eliminate an act, policy, or practice shall be de- ization, and in addition to the authority con- vised so as to affect goods or services of the for- ferred in paragraph (1), the Trade Representa- eign country in an amount that is equivalent in tive may, for purposes of carrying out the provi- value to the burden or restriction being imposed sions of subsection (a) or (b) of this section— by that country on United States commerce. (i) restrict, in the manner and to the extent the Trade Representative determines appro- (b) Discretionary action priate, the terms and conditions of any such If the Trade Representative determines under authorization, or section 2414(a)(1) of this title that— (ii) deny the issuance of any such authoriza- (1) an act, policy, or practice of a foreign tion. country is unreasonable or discriminatory and burdens or restricts United States commerce, (B) Actions described in subparagraph (A) may and only be taken under this section with respect to (2) action by the United States is appro- service sector access authorizations granted, or priate, the Trade Representative shall take all applications therefor pending, on or after the appropriate and feasible action authorized date on which— under subsection (c) of this section, subject to (i) a petition is filed under section 2412(a) of the specific direction, if any, of the President this title, or regarding any such action, and all other ap- (ii) a determination to initiate an investiga- propriate and feasible action within the power tion is made by the Trade Representative of the President that the President may direct under section 2412(b) of this title. the Trade Representative to take under this (C) Before the Trade Representative takes any subsection, to obtain the elimination of that action under this section involving the imposi- act, policy, or practice. Actions may be taken tion of fees or other restrictions on the services that are within the power of the President of a foreign country, the Trade Representative Page 603 TITLE 19—CUSTOMS DUTIES § 2411 shall, if the services involved are subject to reg- United States, is otherwise unfair and inequi- ulation by any agency of the Federal Govern- table. ment or of any State, consult, as appropriate, (B) Acts, policies, and practices that are un- with the head of the agency concerned. reasonable include, but are not limited to, any (3) The actions the Trade Representative is au- act, policy, or practice, or any combination of thorized to take under subsection (a) or (b) of acts, policies, or practices, which— this section may be taken against any goods or (i) denies fair and equitable— economic sector— (I) opportunities for the establishment of (A) on a nondiscriminatory basis or solely an enterprise, against the foreign country described in such (II) provision of adequate and effective subsection, and protection of intellectual property rights (B) without regard to whether or not such notwithstanding the fact that the foreign goods or economic sector were involved in the country may be in compliance with the act, policy, or practice that is the subject of specific obligations of the Agreement on such action. Trade-Related Aspects of Intellectual Property Rights referred to in section (4) Any trade agreement described in para- 3511(d)(15) of this title, graph (1)(D)(iii) shall provide compensatory (III) nondiscriminatory market access trade benefits that benefit the economic sector opportunities for United States persons which includes the domestic industry that would that rely upon intellectual property pro- benefit from the elimination of the act, policy, tection, or or practice that is the subject of the action to be (IV) market opportunities, including the taken under subsection (a) or (b) of this section, toleration by a foreign government of sys- or benefit the economic sector as closely related tematic anticompetitive activities by en- as possible to such economic sector, unless— terprises or among enterprises in the for- (A) the provision of such trade benefits is eign country that have the effect of re- not feasible, or stricting, on a basis that is inconsistent (B) trade benefits that benefit any other eco- with commercial considerations, access of nomic sector would be more satisfactory than United States goods or services to a for- such trade benefits. eign market, (5) If the Trade Representative determines (ii) constitutes export targeting, or that actions to be taken under subsection (a) or (iii) constitutes a persistent pattern of (b) of this section are to be in the form of import conduct that— restrictions, the Trade Representative shall— (I) denies workers the right of associa- (A) give preference to the imposition of du- tion, ties over the imposition of other import re- (II) denies workers the right to organize strictions, and and bargain collectively, (B) if an import restriction other than a (III) permits any form of forced or com- duty is imposed, consider substituting, on an pulsory labor, incremental basis, an equivalent duty for such (IV) fails to provide a minimum age for other import restriction. the employment of children, or (V) fails to provide standards for mini- (6) Any action taken by the Trade Representa- mum wages, hours of work, and occupa- tive under this section with respect to export tional safety and health of workers. targeting shall, to the extent possible, reflect the full benefit level of the export targeting to (C)(i) Acts, policies, and practices of a for- the beneficiary over the period during which the eign country described in subparagraph (B)(iii) action taken has an effect. shall not be treated as being unreasonable if the Trade Representative determines that— (d) Definitions and special rules (I) the foreign country has taken, or is For purposes of this subchapter— taking, actions that demonstrate a signifi- (1) The term ‘‘commerce’’ includes, but is cant and tangible overall advancement in not limited to— providing throughout the foreign country (A) services (including transfers of infor- (including any designated zone within the mation) associated with international trade, foreign country) the rights and other stand- whether or not such services are related to ards described in the subclauses of subpara- specific goods, and graph (B)(iii), or (B) foreign direct investment by United (II) such acts, policies, and practices are States persons with implications for trade in not inconsistent with the level of economic goods or services. development of the foreign country. (2) An act, policy, or practice of a foreign (ii) The Trade Representative shall publish country that burdens or restricts United in the Federal Register any determination States commerce may include the provision, made under clause (i), together with a descrip- directly or indirectly, by that foreign country tion of the facts on which such determination of subsidies for the construction of vessels is based. used in the commercial transportation by (D) For purposes of determining whether any water of goods between foreign countries and act, policy, or practice is unreasonable, recip- the United States. rocal opportunities in the United States for (3)(A) An act, policy, or practice is unreason- foreign nationals and firms shall be taken into able if the act, policy, or practice, while not account, to the extent appropriate. necessarily in violation of, or inconsistent (E) The term ‘‘export targeting’’ means any with, the international legal rights of the government plan or scheme consisting of a § 2411 TITLE 19—CUSTOMS DUTIES Page 604

combination of coordinated actions (whether PRIOR PROVISIONS carried out severally or jointly) that are be- A prior section 301 of Pub. L. 93–618, title III, Jan. 3, stowed on a specific enterprise, industry, or 1975, 88 Stat. 2041, which related to Presidential re- group thereof, the effect of which is to assist sponses to foreign import restrictions and export sub- the enterprise, industry, or group to become sidies and which was classified to this section, was more competitive in the export of a class or omitted in the general revision of chapter 1 of title III kind of merchandise. of Pub. L. 93–618 by Pub. L. 96–39, title IX, § 901, July 26, (F)(i) For the purposes of subparagraph 1979, 93 Stat. 295. (B)(i)(II), adequate and effective protection of AMENDMENTS intellectual property rights includes adequate 1996—Subsec. (c)(4). Pub. L. 104–295 substituted ‘‘para- and effective means under the laws of the for- graph (1)(D)(iii)’’ for ‘‘paragraph (1)(C)(iii)’’. eign country for persons who are not citizens 1994—Subsec. (a)(1). Pub. L. 103–465, § 314(a)(1), in- or nationals of such country to secure, exer- serted at end of concluding provisions ‘‘Actions may be cise, and enforce rights and enjoy commercial taken that are within the power of the President with benefits relating to patents, trademarks, copy- respect to trade in any goods or services, or with re- rights and related rights, mask works, trade spect to any other area of pertinent relations with the foreign country.’’ secrets, and plant breeder’s rights. Subsec. (a)(2)(A). Pub. L. 103–465, § 621(a)(9), sub- (ii) For purposes of subparagraph (B)(i)(IV), stituted ‘‘the Dispute Settlement Body (as defined in the denial of fair and equitable nondiscrim- section 3531(5) of this title) has adopted a report,’’ for inatory market access opportunities includes ‘‘the Contracting Parties to the General Agreement on restrictions on market access related to the Tariffs and Trade have determined, a panel of experts use, exploitation, or enjoyment of commercial has reported to the Contracting Parties,’’. benefits derived from exercising intellectual Subsec. (b)(2). Pub. L. 103–465, § 314(a)(1), inserted at property rights in protected works or fixations end ‘‘Actions may be taken that are within the power of the President with respect to trade in any goods or or products embodying protected works. services, or with respect to any other area of pertinent (4)(A) An act, policy, or practice is unjustifi- relations with the foreign country.’’ able if the act, policy, or practice is in viola- Subsec. (c)(1)(B) to (D). Pub. L. 103–465, § 314(b)(1), tion of, or inconsistent with, the international struck out ‘‘or’’ at end of subpar. (B), added subpar. (C), legal rights of the United States. and redesignated former subpar. (C) as (D). (B) Acts, policies, and practices that are un- Subsec. (c)(5). Pub. L. 103–465, § 314(a)(2), added intro- justifiable include, but are not limited to, any ductory provisions, reenacted subpar. (A) without act, policy, or practice described in subpara- change, and struck out former introductory provisions graph (A) which denies national or most-fa- which read as follows: ‘‘In taking actions under subsection (a) or (b) of this section, the Trade Representa- vored-nation treatment or the right of estab- tive shall—’’. lishment or protection of intellectual property Subsec. (d)(3)(B)(i)(II) to (IV). Pub. L. 103–465, rights. § 314(c)(1), added subcls. (II) to (IV) and struck out (5) Acts, policies, and practices that are dis- former subcls. (II) and (III) which read as follows: criminatory include, when appropriate, any ‘‘(II) provision of adequate and effective protection of act, policy, and practice which denies national intellectual property rights, or ‘‘(III) market opportunities, including the toleration or most-favored-nation treatment to United by a foreign government of systematic anticompetitive States goods, services, or investment. activities by private firms or among private firms in (6) The term ‘‘service sector access author- the foreign country that have the effect of restricting, ization’’ means any license, permit, order, or on a basis that is inconsistent with commercial consid- other authorization, issued under the author- erations, access of United States goods to purchasing ity of Federal law, that permits a foreign sup- by such firms,’’. plier of services access to the United States Subsec. (d)(3)(F). Pub. L. 103–465, § 314(c)(2), added sub- market in a service sector concerned. par. (F). 1988—Pub. L. 100–418 amended section generally, sub- (7) The term ‘‘foreign country’’ includes any stituting provisions relating to actions by United foreign instrumentality. Any possession or States Trade Representative for provisions relating to territory of a foreign country that is adminis- determinations and action by President. tered separately for customs purposes shall be 1984—Subsec. (a). Pub. L. 98–573, § 304(a), amended sub- treated as a separate foreign country. sec. (a) generally, which prior to amendment provided (8) The term ‘‘Trade Representative’’ means that if the President determines that action by the the United States Trade Representative. United States is appropriate (1) to enforce the rights of (9) The term ‘‘interested persons’’, only for the United States under any trade agreement; or (2) to purposes of sections 2412(a)(4)(B), 2414(b)(1)(A), respond to any act, policy, or practice of a foreign country or instrumentality that (A) is inconsistent 2416(c)(2), and 2417(a)(2) of this title, includes, with the provisions of, or otherwise denies benefits to but is not limited to, domestic firms and the United States under, any trade agreement, or (B) is workers, representatives of consumer inter- unjustifiable, unreasonable, or discriminatory and bur- ests, United States product exporters, and any dens or restricts United States commerce; the Presi- industrial user of any goods or services that dent shall take all appropriate and feasible action may be affected by actions taken under sub- within his power to enforce such rights or to obtain the section (a) or (b) of this section. elimination of such act, policy, or practice and that action under this section may be taken on a nondiscrim- (Pub. L. 93–618, title III, § 301, as added Pub. L. inatory basis or solely against the products or services 96–39, title IX, § 901, July 26, 1979, 93 Stat. 295; of the foreign country or instrumentality involved. amended Pub. L. 98–573, title III, § 304(a)–(c), (f), Subsec. (b)(1). Pub. L. 98–573, § 304(b)(1), struck out Oct. 30, 1984, 98 Stat. 3002, 3005; Pub. L. 100–418, ‘‘and’’ at end. title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1164; Pub. Subsec. (b)(2). Pub. L. 98–573, § 304(b)(2), (3), inserted ‘‘, notwithstanding any other provision of law,’’ and L. 103–465, title III, § 314(a)–(c), title VI, substituted ‘‘goods’’ for ‘‘products’’. § 621(a)(9), Dec. 8, 1994, 108 Stat. 4939, 4940, 4993; Subsecs. (c), (d). Pub. L. 98–573, § 304(c), added subsec. Pub. L. 104–295, § 20(c)(4), Oct. 11, 1996, 110 Stat. (c) and redesignated existing subsecs. (c) and (d) as (d) 3528.) and (e), respectively. Page 605 TITLE 19—CUSTOMS DUTIES § 2411

Subsec. (e). Pub. L. 98–573, § 304(c), (f), redesignated regulates HIV/AIDS pharmaceuticals or medical tech- subsec. (d) as (e), inserted ‘‘For purposes of this sec- nologies if the law or policy of the country: tion—’’ before par. (1), in par. (1) substituted provisions (1) promotes access to HIV/AIDS pharmaceuticals or defining ‘‘commerce’’ as including, but not limited to medical technologies for affected populations in that services (including transfers of information) associated country; and with international trade, whether or not such services (2) provides adequate and effective intellectual prop- are related to specific goods, and foreign direct invest- erty protection consistent with the Agreement on ment by United States persons with implications for Trade-Related Aspects of Intellectual Property Rights trade in goods or services for provision defining ‘‘com- (TRIPS Agreement) referred to in section 101(d)(15) of merce’’ as including, but not limited to, services asso- the Uruguay Round Agreements Act (19 U.S.C. ciated with international trade, whether or not such 3511(d)(15)). services are related to specific products, and added (b) The United States shall encourage all beneficiary pars. (3) to (6). sub-Saharan African countries to implement policies designed to address the underlying causes of the HIV/ EFFECTIVE DATE OF 1994 AMENDMENT AIDS crisis by, among other things, making efforts to Amendment by section 314(a)–(c) of Pub. L. 103–465 ef- encourage practices that will prevent further trans- fective on the date on which the WTO Agreement en- mission and infection and to stimulate development of ters into force with respect to the United States [Jan. the infrastructure necessary to deliver adequate health 1, 1995], see section 316(a) of Pub. L. 103–465, set out as services, and by encouraging policies that provide an an Effective Date note under section 3581 of this title. incentive for public and private research on, and devel- Amendment by section 621(a)(9) of Pub. L. 103–465 ef- opment of, vaccines and other medical innovations that fective on the date on which the WTO Agreement en- will combat the HIV/AIDS epidemic in Africa. SEC. 2. Rationale: (a) This order finds that: ters into force with respect to the United States [Jan. (1) since the onset of the worldwide HIV/AIDS epi- 1, 1995], see section 621(b) of Pub. L. 103–465, set out as demic, approximately 34 million people living in sub- a note under section 1677k of this title. Saharan Africa have been infected with the disease; EFFECTIVE DATE OF 1988 AMENDMENT (2) of those infected, approximately 11.5 million have died; Section 1301(c) of Pub. L. 100–418 provided that: ‘‘The (3) the deaths represent 83 percent of the total HIV/ amendments made by this section [enacting sections AIDS-related deaths worldwide; and 2417 to 2419 of this title and amending this section and (4) access to effective therapeutics for HIV/AIDS is sections 2412 to 2416 of this title] shall apply to— determined by issues of price, health system infrastruc- ‘‘(1) petitions filed, and investigations initiated, ture for delivery, and sustainable financing. under section 302 of the Trade Act of 1974 [19 U.S.C. (b) In light of these findings, this order recognizes 2412] on or after the date of the enactment of this Act that: [Aug. 23, 1988]; and (1) it is in the interest of the United States to take ‘‘(2) petitions filed, and investigations initiated, be- all reasonable steps to prevent further spread of infec- fore the date of enactment of this Act, if by that date tious disease, particularly HIV/AIDS; no decision had been made under section 304 [19 (2) there is critical need for effective incentives to de- U.S.C. 2414] regarding the petition or investigation.’’ velop new pharmaceuticals, vaccines, and therapies to combat the HIV/AIDS crisis, including effective global EFFECTIVE DATE intellectual property standards designed to foster phar- Section 903 of Pub. L. 96–39 provided that: ‘‘The maceutical and medical innovation; amendments made by sections 901 and 902 [enacting (3) the overriding priority for responding to the crisis this subchapter and amending sections 1872, 2192, and of HIV/AIDS in sub-Saharan Africa should be to im- 2194 of this title] shall take effect on the date of the en- prove public education and to encourage practices that actment of this Act [July 26, 1979]. Any petition for re- will prevent further transmission and infection, and to view filed with the Special Representative for Trade stimulate development of the infrastructure necessary Negotiations under section 301 of the Trade Act of 1974 to deliver adequate health care services; (4) the United States should work with individual (as in effect on the day before such date of enactment) countries in sub-Saharan Africa to assist them in de- [former section 2411 of this title] and pending on such velopment of effective public education campaigns date of enactment shall be treated as an investigation aimed at the prevention of HIV/AIDS transmission and initiated on such date of enactment under section infection, and to improve their health care infrastruc- 302(b)(2) of the Trade Act of 1974 (as added by section ture to promote improved access to quality health care 901 of this Act) [section 2412(b)(2) of this title] and any for their citizens in general, and particularly with re- information developed by, or submitted to, the Special spect to the HIV/AIDS epidemic; Representative before such date of enactment under (5) an effective United States response to the crisis in the review shall be treated as part of the information sub-Saharan Africa must focus in the short term on developed during such investigation.’’ preventive programs designed to reduce the frequency EX. ORD. NO. 13155. ACCESS TO HIV/AIDS of new infections and remove the stigma of the disease, PHARMACEUTICALS AND MEDICAL TECHNOLOGIES and should place a priority on basic health services that can be used to treat opportunistic infections, sexu- Ex. Ord. No. 13155, May 10, 2000, 65 F.R. 30521, pro- ally transmitted infections, and complications associ- vided: ated with HIV/AIDS so as to prolong the duration and By the authority vested in me as President by the improve the quality of life of those with the disease; Constitution and the laws of the United States of (6) an effective United States response to the crisis America, including sections 141 and chapter 1 of title must also focus on the development of HIV/AIDS vac- III of the Trade Act of 1974, as amended (19 U.S.C. 2171, cines to prevent the spread of the disease; 2411–2420), section 307 of the Public Health Service Act (7) the innovative capacity of the United States in (42 U.S.C. 242l), and section 104 of the Foreign Assist- the commercial and public pharmaceutical research ance Act of 1961, as amended (22 U.S.C. 2151b), and in ac- sectors is unmatched in the world, and the participa- cordance with executive branch policy on health-relat- tion of both these sectors will be a critical element in ed intellectual property matters to promote access to any successful program to respond to the HIV/AIDS cri- essential medicines, it is hereby ordered as follows: sis in sub-Saharan Africa; SECTION 1. Policy. (a) In administering sections 301–310 (8) the TRIPS Agreement recognizes the importance of the Trade Act of 1974 [19 U.S.C. 2411–2420], the United of promoting effective and adequate protection of intel- States shall not seek, through negotiation or other- lectual property rights and the right of countries to wise, the revocation or revision of any intellectual adopt measures necessary to protect public health; property law or policy of a beneficiary sub-Saharan Af- (9) individual countries should have the ability to rican country, as determined by the President, that take measures to address the HIV/AIDS epidemic, pro- § 2412 TITLE 19—CUSTOMS DUTIES Page 606 vided that such measures are consistent with their on a date after such period if agreed to by the international obligations; and petitioner) if a public hearing within such pe- (10) successful initiatives will require effective part- riod is requested in the petition, or nerships and cooperation among governments, international organizations, nongovernmental organiza- (B) at such other time if a timely request tions, and the private sector, and greater consideration therefor is made by the petitioner or by any should be given to financial, legal, and other incentives interested person. that will promote improved prevention and treatment (b) Initiation of investigation by means other actions. SEC. 3. Scope. (a) This order prohibits the United than petition States Government from taking action pursuant to sec- (1)(A) If the Trade Representative determines tion 301(b) of the Trade Act of 1974 [19 U.S.C. 2411(b)] that an investigation should be initiated under with respect to any law or policy in beneficiary sub-Sa- this subchapter with respect to any matter in haran African countries that promotes access to HIV/ order to determine whether the matter is ac- AIDS pharmaceuticals or medical technologies and that provides adequate and effective intellectual prop- tionable under section 2411 of this title, the erty protection consistent with the TRIPS Agreement. Trade Representative shall publish such deter- However, this order does not prohibit United States mination in the Federal Register and shall initi- Government officials from evaluating, determining, or ate such investigation. expressing concern about whether such a law or policy (B) The Trade Representative shall, before promotes access to HIV/AIDS pharmaceuticals or medi- making any determination under subparagraph cal technologies or provides adequate and effective in- (A), consult with appropriate committees estab- tellectual property protection consistent with the TRIPS Agreement. In addition, this order does not pro- lished pursuant to section 2155 of this title. hibit United States Government officials from consult- (2)(A) By no later than the date that is 30 days ing with or otherwise discussing with sub-Saharan Afri- after the date on which a country is identified can governments whether such law or policy meets the under section 2242(a)(2) of this title, the Trade conditions set forth in section 1(a) of this order. More- Representative shall initiate an investigation over, this order does not prohibit the United States under this subchapter with respect to any act, Government from invoking the dispute settlement pro- policy, or practice of that country that— cedures of the World Trade Organization to examine whether any such law or policy is consistent with the (i) was the basis for such identification, and Uruguay Round Agreements, referred to in section (ii) is not at that time the subject of any 101(d) of the Uruguay Round Agreements Act [19 U.S.C. other investigation or action under this sub- 3511(d)]. chapter. (b) This order is intended only to improve the internal management of the executive branch and is not in- (B) The Trade Representative is not required tended to, and does not create, any right or benefit, under subparagraph (A) to initiate an investiga- substantive or procedural, enforceable at law or equity tion under this subchapter with respect to any by a party against the United States, its agencies or in- act, policy, or practice of a foreign country if strumentalities, its officers or employees, or any other the Trade Representative determines that the person. initiation of the investigation would be det- WILLIAM J. CLINTON. rimental to United States economic interests. § 2412. Initiation of investigations (C) If the Trade Representative makes a determination under subparagraph (B) not to initiate (a) Petitions an investigation, the Trade Representative shall (1) Any interested person may file a petition submit to the Congress a written report setting with the Trade Representative requesting that forth, in detail— action be taken under section 2411 of this title (i) the reasons for the determination, and and setting forth the allegations in support of (ii) the United States economic interests the request. that would be adversely affected by the inves- (2) The Trade Representative shall review the tigation. allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on (D) The Trade Representative shall, from time which the Trade Representative received the pe- to time, consult with the Register of Copyrights, tition, shall determine whether to initiate an in- the Under Secretary of Commerce for Intellec- vestigation. tual Property and Director of the United States (3) If the Trade Representative determines not Patent and Trademark Office, and other appro- to initiate an investigation with respect to a pe- priate officers of the Federal Government, dur- tition, the Trade Representative shall inform ing any investigation initiated under this sub- the petitioner of the reasons therefor and shall chapter by reason of subparagraph (A). publish notice of the determination, together (c) Discretion with a summary of such reasons, in the Federal In determining whether to initiate an inves- Register. tigation under subsection (a) or (b) of this sec- (4) If the Trade Representative makes an af- tion of any act, policy, or practice that is enu- firmative determination under paragraph (2) merated in any provision of section 2411(d) of with respect to a petition, the Trade Represent- this title, the Trade Representative shall have ative shall initiate an investigation regarding discretion to determine whether action under the issues raised in the petition. The Trade Rep- section 2411 of this title would be effective in ad- resentative shall publish a summary of the peti- dressing such act, policy, or practice. tion in the Federal Register and shall, as soon as possible, provide opportunity for the presen- (Pub. L. 93–618, title III, § 302, as added Pub. L. tation of views concerning the issues, including 96–39, title IX, § 901, July 26, 1979, 93 Stat. 296; a public hearing— amended Pub. L. 98–573, title III, § 304(d)(1), Oct. (A) within the 30-day period beginning on 30, 1984, 98 Stat. 3003; Pub. L. 100–418, title I, the date of the affirmative determination (or § 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub. L. Page 607 TITLE 19—CUSTOMS DUTIES § 2414

106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(9)], and the appropriate committees established pur- Nov. 29, 1999, 113 Stat. 1536, 1501A–584.) suant to section 2155 of this title in preparing United States presentations for consultations PRIOR PROVISIONS and dispute settlement proceedings. A prior section 302 of Pub. L. 93–618, title III, Jan. 3, (b) Delay of request for consultations 1975, 88 Stat. 2043, which related to the procedure for Congressional disapproval of certain actions taken by (1) Notwithstanding the provisions of sub- the President to eliminate foreign import restrictions section (a) of this section— and export subsidies and which was classified to this (A) the United States Trade Representative section, was omitted in the general revision of chapter may, after consulting with the petitioner (if 1 of title III of Pub. L. 93–618 by Pub. L. 96–39, title IX, any), delay for up to 90 days any request for § 901, July 26, 1979, 93 Stat. 295. consultations under subsection (a) of this sec- AMENDMENTS tion for the purpose of verifying or improving 1999—Subsec. (b)(2)(D). Pub. L. 106–113 substituted the petition to ensure an adequate basis for ‘‘Under Secretary of Commerce for Intellectual Prop- consultation, and erty and Director of the United States Patent and (B) if such consultations are delayed by rea- Trademark Office’’ for ‘‘Commissioner of Patents and son of subparagraph (A), each time limitation Trademarks’’. under section 2414 of this title shall be ex- 1988—Pub. L. 100–418 amended section generally, sub- tended for the period of such delay. stituting provisions relating to initiating investigations with or without petitions and discretion of Trade (2) The Trade Representative shall— Representative for provisions relating to filing and de- (A) publish notice of any delay under para- terminations on petitions for investigations and inves- graph (1) in the Federal Register, and tigations initiated by Trade Representative. (B) report to Congress on the reasons for 1984—Pub. L. 98–573 amended section generally, substituting ‘‘United States Trade Representative’’ and such delay in the report required under section ‘‘Trade Representative’’ for ‘‘Special Representative 2419(a)(3) of this title. for Trade Negotiations’’ and ‘‘Special Representative’’, (Pub. L. 93–618, title III, § 303, as added Pub. L. respectively, substituting ‘‘the reasons’’ for ‘‘his rea- 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297; sons’’ in subsec. (b)(1), substituting ‘‘a summary’’ for ‘‘the text’’ in subsec. (b)(2), striking out the comma amended Pub. L. 98–573, title III, §§ 304(d)(2)(B), after ‘‘petitioner)’’ in subsec. (b)(2)(A), and inserting (e), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3004, ‘‘or by any interested person’’ after ‘‘petitioner’’ in 3005, 3012; Pub. L. 100–418, title I, § 1301(a), Aug. subsec. (b)(2)(B). 23, 1988, 102 Stat. 1170.)

EFFECTIVE DATE OF 1999 AMENDMENT AMENDMENTS Amendment by Pub. L. 106–113 effective 4 months 1988—Pub. L. 100–418 amended section generally, re- after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] vising and restating substantially similar provisions. of Pub. L. 106–113, set out as a note under section 1 of 1984—Subsec. (a). Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), Title 35, Patents. 306(c)(2)(C)(ii), designated existing provisions as subsec. (a), struck out ‘‘with respect to a petition’’ after ‘‘sec- EFFECTIVE DATE OF 1988 AMENDMENT tion 2412(b) of this title’’, inserted ‘‘or the determina- Amendment by Pub. L. 100–418 applicable to petitions tion of the Trade Representative under section filed, and investigations initiated, under this section on 2412(c)(1) of this title’’ after ‘‘in the petition’’, and ‘‘(if or after Aug. 23, 1988, and petitions filed, and investiga- any)’’ after ‘‘petitioner’’, and struck out ‘‘private sections initiated, before Aug. 23, 1988, if by such date no tor’’ after ‘‘appropriate’’. decision had been made under section 2414 of this title Subsec. (b). Pub. L. 98–573, § 304(e)(2), added subsec. regarding the petition or investigation, see section (b). 1301(c) of Pub. L. 100–418, set out as a note under section EFFECTIVE DATE OF 1988 AMENDMENT 2411 of this title. Amendment by Pub. L. 100–418 applicable to petitions § 2413. Consultation upon initiation of investiga- filed, and investigations initiated, under section 2412 of tion this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by (a) In general such date no decision had been made under section 2414 (1) On the date on which an investigation is of this title regarding the petition or investigation, see initiated under section 2412 of this title, the section 1301(c) of Pub. L. 100–418, set out as a note under Trade Representative, on behalf of the United section 2411 of this title. States, shall request consultations with the for- § 2414. Determinations by Trade Representative eign country concerned regarding the issues involved in such investigation. (a) In general (2) If the investigation initiated under section (1) On the basis of the investigation initiated 2412 of this title involves a trade agreement and under section 2412 of this title and the consulta- a mutually acceptable resolution is not reached tions (and the proceedings, if applicable) under before the earlier of— section 2413 of this title, the Trade Representa- (A) the close of the consultation period, if tive shall— any, specified in the trade agreement, or (A) determine whether— (B) the 150th day after the day on which con- (i) the rights to which the United States is sultation was commenced, entitled under any trade agreement are being denied, or the Trade Representative shall promptly request (ii) any act, policy, or practice described in proceedings on the matter under the formal dis- subsection (a)(1)(B) or (b)(1) of section 2411 of pute settlement procedures provided under such this title exists, and agreement. (3) The Trade Representative shall seek infor- (B) if the determination made under sub- mation and advice from the petitioner (if any) paragraph (A) is affirmative, determine what § 2414 TITLE 19—CUSTOMS DUTIES Page 608

action, if any, the Trade Representative and shall make the determinations required should take under subsection (a) or (b) of sec- under paragraph (1) with respect to such inves- tion 2411 of this title. tigation by no later than the date that is 9 (2) The Trade Representative shall make the months after the date on which such investiga- determinations required under paragraph (1) on tion is initiated. or before— (4) In any case in which a dispute is not re- (A) in the case of an investigation involving solved before the close of the minimum dispute a trade agreement, except an investigation settlement period provided for in a trade agree- initiated pursuant to section 2412(b)(2)(A) of ment, the Trade Representative, within 15 days this title involving rights under the Agree- after the close of such dispute settlement pe- ment on Trade-Related Aspects of Intellectual riod, shall submit a report to Congress setting Property Rights (referred to in section forth the reasons why the dispute was not re- 3511(d)(15) of this title) or the GATT 1994 (as solved within the minimum dispute settlement defined in section 3501(1)(B) of this title) relat- period, the status of the case at the close of the ing to products subject to intellectual prop- period, and the prospects for resolution. For pur- erty protection, the earlier of— poses of this paragraph, the minimum dispute (i) the date that is 30 days after the date settlement period provided for under any such on which the dispute settlement procedure is trade agreement is the total period of time that concluded, or results if all stages of the formal dispute settle- (ii) the date that is 18 months after the ment procedures are carried out within the time date on which the investigation is initiated, limitations specified in the agreement, but com- or puted without regard to any extension authorized under the agreement at any stage. (B) in all cases not described in subparagraph (A) or paragraph (3), the date that is 12 (b) Consultation before determinations months after the date on which the investiga- (1) Before making the determinations required tion is initiated. under subsection (a)(1) of this section, the Trade (3)(A) If an investigation is initiated under Representative, unless expeditious action is re- this subchapter by reason of section 2412(b)(2) of quired— this title and— (A) shall provide an opportunity (after giv- (i) the Trade Representative considers that ing not less than 30 days notice thereof) for rights under the Agreement on Trade-Related the presentation of views by interested per- Aspects of Intellectual Property Rights or the sons, including a public hearing if requested GATT 1994 relating to products subject to in- by any interested person, tellectual property protection are involved, (B) shall obtain advice from the appropriate the Trade Representative shall make the de- committees established pursuant to section termination required under paragraph (1) not 2155 of this title, and later than 30 days after the date on which the (C) may request the views of the United dispute settlement procedure is concluded; or States International Trade Commission re- (ii) the Trade Representative does not con- garding the probable impact on the economy sider that a trade agreement, including the of the United States of the taking of action Agreement on Trade-Related Aspects of Intel- with respect to any goods or service. lectual Property Rights, is involved or does (2) If the Trade Representative does not com- not make a determination described in sub- ply with the requirements of subparagraphs (A) paragraph (B) with respect to such investiga- and (B) of paragraph (1) because expeditious action, the Trade Representative shall make the tion is required, the Trade Representative shall, determinations required under paragraph (1) after making the determinations under sub- with respect to such investigation not later section (a)(1) of this section, comply with such than the date that is 6 months after the date subparagraphs. on which such investigation is initiated. (c) Publication (B) If the Trade Representative determines The Trade Representative shall publish in the with respect to an investigation initiated by Federal Register any determination made under reason of section 2412(b)(2) of this title (other subsection (a)(1) of this section, together with a than an investigation involving a trade agree- description of the facts on which such deter- ment) that— mination is based. (i) complex or complicated issues are involved in the investigation that require addi- (Pub. L. 93–618, title III, § 304, as added Pub. L. tional time, 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297; (ii) the foreign country involved in the in- amended Pub. L. 98–573, title III, §§ 304(d)(2)(C), vestigation is making substantial progress in 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3005, 3012; drafting or implementing legislative or admin- Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 istrative measures that will provide adequate Stat. 1170; Pub. L. 103–465, title III, § 314(d), Dec. and effective protection of intellectual prop- 8, 1994, 108 Stat. 4940; Pub. L. 104–295, § 20(c)(6), erty rights, or Oct. 11, 1996, 110 Stat. 3528; Pub. L. 108–429, title (iii) such foreign country is undertaking en- II, § 2201(a), (b), Dec. 3, 2004, 118 Stat. 2598, 2599.) forcement measures to provide adequate and AMENDMENTS effective protection of intellectual property rights, 2004—Subsec. (a)(2)(A). Pub. L. 108–429, § 2201(a), in introductory provisions, inserted ‘‘except an investiga- the Trade Representative shall publish in the tion initiated pursuant to section 2412(b)(2)(A) of this Federal Register notice of such determination title involving rights under the Agreement on Trade- Page 609 TITLE 19—CUSTOMS DUTIES § 2415

Related Aspects of Intellectual Property Rights (re- such action, by no later than the date that is 30 ferred to in section 3511(d)(15) of this title) or the GATT days after the date on which such determination 1994 (as defined in section 3501(1)(B) of this title) relat- is made. ing to products subject to intellectual property protec- (2)(A) Except as otherwise provided in this tion,’’ after ‘‘agreement,’’. paragraph, the Trade Representative may delay, Subsec. (a)(3)(A). Pub. L. 108–429, § 2201(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) by not more than 180 days, the implementation read as follows: ‘‘If an investigation is initiated under of any action that is to be taken under section this subchapter by reason of section 2412(b)(2) of this 2411 of this title— title and the Trade Representative does not consider (i) if— that a trade agreement, including the Agreement on (I) in the case of an investigation initiated Trade-Related Aspects of Intellectual Property Rights under section 2412(a) of this title, the peti- (referred to in section 3511(d)(15) of this title), is in- tioner requests a delay, or volved or does not make a determination described in (II) in the case of an investigation initi- subparagraph (B) with respect to such investigation, ated under section 2412(b)(1) of this title or the Trade Representative shall make the determina- to which section 2414(a)(3)(B) of this title ap- tions required under paragraph (1) with respect to such plies, a delay is requested by a majority of investigation by no later than the date that is 6 months after the date on which such investigation is initi- the representatives of the domestic industry ated.’’ that would benefit from the action, or 1996—Subsec. (a)(3)(A). Pub. L. 104–295 inserted (ii) if the Trade Representative determines ‘‘Rights’’ after ‘‘Intellectual Property’’. that substantial progress is being made, or 1994—Subsec. (a)(2)(A). Pub. L. 103–465, § 314(d)(1), that a delay is necessary or desirable, to ob- struck out ‘‘(other than the agreement on subsidies and countervailing measures described in section 2503(c)(5) tain United States rights or a satisfactory so- of this title)’’ after ‘‘trade agreement’’. lution with respect to the acts, policies, or Subsec. (a)(3)(A). Pub. L. 103–465, § 314(d)(2)(A), in- practices that are the subject of the action. serted ‘‘does not consider that a trade agreement, in- (B) The Trade Representative may not delay cluding the Agreement on Trade-Related Aspects of In- under subparagraph (A) the implementation of tellectual Property (referred to in section 3511(d)(15) of this title), is involved or’’ after ‘‘Trade Representative’’ any action that is to be taken under section 2411 the first place appearing. of this title with respect to any investigation to Subsec. (a)(3)(B). Pub. L. 103–465, § 314(d)(2)(B), in in- which section 2414(a)(3)(A)(ii) of this title ap- troductory provisions, substituted ‘‘an investigation plies. initiated by reason of section 2412(b)(2) of this title (C) The Trade Representative may not delay (other than an investigation involving a trade agree- under subparagraph (A) the implementation of ment)’’ for ‘‘any investigation initiated by reason of any action that is to be taken under section 2411 section 2412(b)(2) of this title’’. of this title with respect to any investigation to Subsec. (a)(4). Pub. L. 103–465, § 314(d)(3), struck out which section 2414(a)(3)(B) of this title applies ‘‘(other than the agreement on subsidies and countervailing measures described in section 2503(c)(5) of this by more than 90 days. title)’’ after ‘‘in a trade agreement’’. (b) Alternative actions in certain cases of export 1988—Pub. L. 100–418 amended section generally, sub- targeting stituting provisions relating to determinations by (1) If the Trade Representative makes an af- Trade Representative for provisions relating to recom- firmative determination under section mendations by Trade Representative. 1984—Subsec. (a)(1). Pub. L. 98–573, § 304(d)(2)(C), sub- 2414(a)(1)(A) of this title involving export target- stituted ‘‘matters under investigation’’ for ‘‘issues ing by a foreign country and determines to take raised in the petition’’ in first sentence. no action under section 2411 of this title with re- Subsec. (b)(2). Pub. L. 98–573, § 306(c)(2)(C)(ii), struck spect to such affirmation determination, the out ‘‘private sector’’ after ‘‘appropriate’’. Trade Representative— (A) shall establish an advisory panel to rec- EFFECTIVE DATE OF 1994 AMENDMENT ommend measures which will promote the Amendment by Pub. L. 103–465 effective on the date competitiveness of the domestic industry af- on which the WTO Agreement enters into force with re- fected by the export targeting, spect to the United States [Jan. 1, 1995], see section (B) on the basis of the report of such panel 316(a) of Pub. L. 103–465, set out as an Effective Date submitted under paragraph (2)(B) and subject note under section 3581 of this title. to the specific direction, if any, of the Presi- EFFECTIVE DATE OF 1988 AMENDMENT dent, may take any administrative actions au- Amendment by Pub. L. 100–418 applicable to petitions thorized under any other provision of law, and, filed, and investigations initiated, under section 2412 of if necessary, propose legislation to implement this title on or after Aug. 23, 1988, and petitions filed, any other actions, that would restore or im- and investigations initiated, before Aug. 23, 1988, if by prove the international competitiveness of the such date no decision had been made under this section domestic industry affected by the export regarding the petition or investigation, see section targeting, and 1301(c) of Pub. L. 100–418, set out as a note under section (C) shall, by no later than the date that is 30 2411 of this title. days after the date on which the report of such panel is submitted under paragraph (2)(B), sub- § 2415. Implementation of actions mit a report to the Congress on the adminis- (a) Actions to be taken under section 2411 trative actions taken, and legislative propos- (1) Except as provided in paragraph (2), the als made, under subparagraph (B) with respect Trade Representative shall implement the ac- to the domestic industry affected by the ex- tion the Trade Representative determines under port targeting. section 2414(a)(1)(B) of this title to take under (2)(A) The advisory panels established under section 2411 of this title, subject to the specific paragraph (1)(A) shall consist of individuals ap- direction, if any, of the President regarding any pointed by the Trade Representative who— § 2416 TITLE 19—CUSTOMS DUTIES Page 610

(i) earn their livelihood in the private sector as a determination made under section of the economy, including individuals who rep- 2414(a)(1) of this title. resent management and labor in the domestic (2) WTO dispute settlement recommendations industry affected by the export targeting that is the subject of the affirmative determination (A) Failure to implement recommendation made under section 2414(a)(1)(A) of this title, If the measure or agreement referred to in and subsection (a) of this section concerns the (ii) by education or experience, are qualified implementation of a recommendation made to serve on the advisory panel. pursuant to dispute settlement proceedings under the World Trade Organization, and the (B) By no later than the date that is 6 months Trade Representative considers that the for- after the date on which an advisory panel is es- eign country has failed to implement it, the tablished under paragraph (1)(A), the advisory Trade Representative shall make the deter- panel shall submit to the Trade Representative mination in paragraph (1) no later than 30 and to the Congress a report on measures that days after the expiration of the reasonable the advisory panel recommends be taken by the period of time provided for such implemen- United States to promote the competitiveness of tation under paragraph 21 of the Understand- the domestic industry affected by the export ing on Rules and Procedures Governing the targeting that is the subject of the affirmative Settlement of Disputes that is referred to in determination made under section 2414(a)(1)(A) section 3511(d)(16) of this title. of this title. (B) Revision of retaliation list and action (Pub. L. 93–618, title III, § 305, as added Pub. L. (i) In general 96–39, title IX, § 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 98–573, title III, § 304(g), Oct. 30, Except as provided in clause (ii), in the 1984, 98 Stat. 3006; Pub. L. 100–418, title I, event that the United States initiates a re- § 1301(a), Aug. 23, 1988, 102 Stat. 1172; Pub. L. taliation list or takes any other action de- 108–429, title II, § 2201(c), Dec. 3, 2004, 118 Stat. scribed in section 2411(c)(1)(A) or (B) of 2599.) this title against the goods of a foreign country or countries because of the failure AMENDMENTS of such country or countries to implement 2004—Subsec. (a)(2)(B). Pub. L. 108–429 substituted the recommendation made pursuant to a ‘‘section 2414(a)(3)(A)(ii)’’ for ‘‘section 2414(a)(3)(A)’’. dispute settlement proceeding under the 1988—Pub. L. 100–418 amended section generally, sub- World Trade Organization, the Trade Rep- stituting provisions relating to implementation of ac- resentative shall periodically revise the tions for provisions relating to requests for informa- list or action to affect other goods of the tion. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c). country or countries that have failed to implement the recommendation. EFFECTIVE DATE OF 1988 AMENDMENT (ii) Exception Amendment by Pub. L. 100–418 applicable to petitions The Trade Representative is not required filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, to revise the retaliation list or the action and investigations initiated, before Aug. 23, 1988, if by described in clause (i) with respect to a such date no decision had been made under section 2414 country, if— of this title regarding the petition or investigation, see (I) the Trade Representative deter- section 1301(c) of Pub. L. 100–418, set out as a note under mines that implementation of a recom- section 2411 of this title. mendation made pursuant to a dispute settlement proceeding described in § 2416. Monitoring of foreign compliance clause (i) by the country is imminent; or (a) In general (II) the Trade Representative together The Trade Representative shall monitor the with the petitioner involved in the ini- implementation of each measure undertaken, or tial investigation under this subchapter agreement that is entered into, by a foreign (or if no petition was filed, the affected country to provide a satisfactory resolution of a United States industry) agree that it is matter subject to investigation under this sub- unnecessary to revise the retaliation chapter or subject to dispute settlement pro- list. ceedings to enforce the rights of the United (C) Schedule for revising list or action States under a trade agreement providing for The Trade Representative shall, 120 days such proceedings. after the date the retaliation list or other (b) Further action section 2411(a) action is first taken, and (1) In general every 180 days thereafter, review the list or action taken and revise, in whole or in part, If, on the basis of the monitoring carried out the list or action to affect other goods of the under subsection (a) of this section, the Trade subject country or countries. Representative considers that a foreign country is not satisfactorily implementing a meas- (D) Standards for revising list or action ure or agreement referred to in subsection (a) In revising any list or action against a of this section, the Trade Representative shall country or countries under this subsection, determine what further action the Trade Rep- the Trade Representative shall act in a man- resentative shall take under section 2411(a) of ner that is most likely to result in the coun- this title. For purposes of section 2411 of this try or countries implementing the recom- title, any such determination shall be treated mendations adopted in the dispute settle- Page 611 TITLE 19—CUSTOMS DUTIES § 2417

ment proceeding or in achieving a mutually ‘‘(1) to enforce the rights of the United States under satisfactory solution to the issue that gave any trade agreement, or rise to the dispute settlement proceeding. ‘‘(2) to eliminate any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of section 2411 The Trade Representative shall consult with of this title. the petitioner, if any, involved in the initial ‘‘(b) FURTHER ACTION.—If, on the basis of the mon- investigation under this subchapter. itoring carried out under subsection (a) of this section, (E) Retaliation list the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or The term ‘‘retaliation list’’ means the list agreement referred to in subsection (a) of this section, of products of a foreign country or countries the Trade Representative shall determine what further that have failed to comply with the report of action the Trade Representative shall take under sec- the panel or Appellate Body of the WTO and tion 2411(a) of this title. For purposes of section 2411 of with respect to which the Trade Representa- this title, any such determination shall be treated as a tive is imposing duties above the level that determination made under section 2414(a)(1) of this title.’’ would otherwise be imposed under the Har- 1988—Pub. L. 100–418 amended section generally, sub- monized Tariff Schedule of the United stituting provisions relating to monitoring of foreign States. compliance for provisions relating to administration. (F) Requirement to include reciprocal goods See section 2419 of this title. on retaliation list EFFECTIVE DATE OF 1994 AMENDMENT The Trade Representative shall include on Amendment by Pub. L. 103–465 effective on the date the retaliation list, and on any revised lists, on which the WTO Agreement enters into force with re- reciprocal goods of the industries affected by spect to the United States [Jan. 1, 1995], see section the failure of the foreign country or coun- 316(a) of Pub. L. 103–465, set out as an Effective Date tries to implement the recommendation note under section 3581 of this title. made pursuant to a dispute settlement pro- EFFECTIVE DATE OF 1988 AMENDMENT ceeding under the World Trade Organization, Amendment by Pub. L. 100–418 applicable to petitions except in cases where existing retaliation filed, and investigations initiated, under section 2412 of and its corresponding preliminary retalia- this title on or after Aug. 23, 1988, and petitions filed, tion list do not already meet this require- and investigations initiated, before Aug. 23, 1988, if by ment. such date no decision had been made under section 2414 (c) Consultations of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under Before making any determination under subsection 2411 of this title. section (b) of this section, the Trade Representa- tive shall— § 2417. Modification and termination of actions (1) consult with the petitioner, if any, in- (a) In general volved in the initial investigation under this (1) The Trade Representative may modify or subchapter and with representatives of the do- terminate any action, subject to the specific di- mestic industry concerned; and rection, if any, of the President with respect to (2) provide an opportunity for the presen- such action, that is being taken under section tation of views by interested persons. 2411 of this title if— (Pub. L. 93–618, title III, § 306, as added Pub. L. (A) any of the conditions described in sec- 96–39, title IX, § 901, July 26, 1979, 93 Stat. 299; tion 2411(a)(2) of this title exist, amended Pub. L. 100–418, title I, § 1301(a), Aug. (B) the burden or restriction on United 23, 1988, 102 Stat. 1173; Pub. L. 103–465, title III, States commerce of the denial rights, or of the § 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub. L. acts, policies, and practices, that are the sub- 104–295, § 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub. ject of such action has increased or decreased, L. 106–200, title IV, § 407, May 18, 2000, 114 Stat. or 293.) (C) such action is being taken under section 2411(b) of this title and is no longer appro- REFERENCES IN TEXT priate. The Harmonized Tariff Schedule of the United States, (2) Before taking any action under paragraph referred to in subsec. (b)(2)(E), is not set out in the (1) to modify or terminate any action taken Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. under section 2411 of this title, the Trade Rep- resentative shall consult with the petitioner, if AMENDMENTS any, and with representatives of the domestic 2000—Subsec. (b)(2). Pub. L. 106–200 designated exist- industry concerned, and shall provide oppor- ing provisions as subpar. (A), inserted heading, and tunity for the presentation of views by other in- added subpars. (B) to (F). terested persons affected by the proposed modi- 1996—Subsec. (b)(1). Pub. L. 104–295 made technical fication or termination concerning the effects of amendment to Pub. L. 103–465. See 1994 Amendment the modification or termination and whether note below. any modification or termination of the action is 1994—Subsecs. (a), (b). Pub. L. 103–465, as amended by Pub. L. 104–295, amended subsecs. (a) and (b) generally. appropriate. Prior to amendment, subsecs. (a) and (b) read as fol- (b) Notice; report to Congress lows: The Trade Representative shall promptly pub- ‘‘(a) IN GENERAL.—The Trade Representative shall lish in the Federal Register notice of, and report monitor the implementation of each measure undertaken, or agreement of a kind described in clause (i), in writing to the Congress with respect to, any (ii), or (iii) of section 2411(a)(2)(B) of this title that is modification or termination of any action taken entered into under subsection (a) or (b) of section 2411 under section 2411 of this title and the reasons of this title, by a foreign country— therefor. § 2418 TITLE 19—CUSTOMS DUTIES Page 612

(c) Review of necessity able to the Trade Representative or other Fed- (1) If— eral agencies, the Trade Representative shall, (A) a particular action has been taken under within 30 days after receipt of the request— section 2411 of this title during any 4-year pe- (1) request the information from the foreign riod, and government; or (B) neither the petitioner nor any represent- (2) decline to request the information and in- ative of the domestic industry which benefits form the person in writing of the reasons for from such action has submitted to the Trade refusal. Representative during the last 60 days of such (c) Certain business information not made avail- 4-year period a written request for the con- able tinuation of such action, (1) Except as provided in paragraph (2), and such action shall terminate at the close of such notwithstanding any other provision of law (in- 4-year period. cluding section 552 of title 5), no information re- (2) The Trade Representative shall notify by quested and received by the Trade Representa- mail the petitioner and representatives of the tive in aid of any investigation under this sub- domestic industry described in paragraph (1)(B) chapter shall be made available to any person of any termination of action by reason of para- if— graph (1) at least 60 days before the date of such (A) the person providing such information termination. certifies that— (3) If a request is submitted to the Trade Rep- (i) such information is business confiden- resentative under paragraph (1)(B) to continue tial, taking a particular action under section 2411 of (ii) the disclosure of such information this title, the Trade Representative shall con- would endanger trade secrets or profit- duct a review of— ability, and (A) the effectiveness in achieving the objec- (iii) such information is not generally tives of section 2411 of this title of— available; (i) such action, and (B) the Trade Representative determines (ii) other actions that could be taken (in- that such certification is well-founded; and cluding actions against other products or (C) to the extent required in regulations pre- services), and scribed by the Trade Representative, the per- (B) the effects of such actions on the United son providing such information provides an States economy, including consumers. adequate nonconfidential summary of such in- (Pub. L. 93–618, title III, § 307, as added Pub. L. formation. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. (2) The Trade Representative may— 1174.) (A) use such information, or make such in- EFFECTIVE DATE formation available (in his own discretion) to any employee of the Federal Government for Section applicable to petitions filed, and investiga- use, in any investigation under this sub- tions initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investiga- chapter, or tions initiated, before Aug. 23, 1988, if by such date no (B) may make such information available to decision had been made under section 2414 of this title any other person in a form which cannot be as- regarding the petition or investigation, see section sociated with, or otherwise identify, the per- 1301(c) of Pub. L. 100–418, set out as an Effective Date son providing the information. of 1988 Amendment note under section 2411 of this title. (Pub. L. 93–618, title III, § 308, as added Pub. L. § 2418. Request for information 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1175.) (a) In general Upon receipt of written request therefor from EFFECTIVE DATE any person, the Trade Representative shall Section applicable to petitions filed, and investiga- make available to that person information tions initiated, under section 2412 of this title on or (other than that to which confidentiality ap- after Aug. 23, 1988, and petitions filed, and investiga- plies) concerning— tions initiated, before Aug. 23, 1988, if by such date no (1) the nature and extent of a specific trade decision had been made under section 2414 of this title regarding the petition or investigation, see section policy or practice of a foreign country with re- 1301(c) of Pub. L. 100–418, set out as an Effective Date spect to particular goods, services, invest- of 1988 Amendment note under section 2411 of this title. ment, or intellectual property rights, to the extent that such information is available to § 2419. Administration the Trade Representative or other Federal The Trade Representative shall— agencies; (1) issue regulations concerning the filing of (2) United States rights under any trade petitions and the conduct of investigations agreement and the remedies which may be and hearings under this subchapter, available under that agreement and under the (2) keep the petitioner regularly informed of laws of the United States; and all determinations and developments regard- (3) past and present domestic and inter- ing the investigation conducted with respect national proceedings or actions with respect to the petition under this subchapter, includ- to the policy or practice concerned. ing the reasons for any undue delays, and (b) If information not available (3) submit a report to the House of Rep- If information that is requested by a person resentatives and the Senate semiannually de- under subsection (a) of this section is not avail- scribing— Page 613 TITLE 19—CUSTOMS DUTIES § 2420

(A) the petitions filed and the determina- they are already being addressed by provisions tions made (and reasons therefor) under sec- of United States trade law, by existing bilat- tion 2412 of this title, eral trade agreements, or as part of trade ne- (B) developments in, and the current gotiations with other countries and progress is status of, each investigation or proceeding being made toward the elimination of such under this subchapter, practices. (C) the actions taken, or the reasons for no (b) Initiation of investigations action, by the Trade Representative under section 2411 of this title with respect to in- By no later than the date which is 21 days vestigations conducted under this sub- after the date on which a report is submitted to chapter, and the appropriate congressional committees under (D) the commercial effects of actions subsection (a)(1) of this section, the Trade Rep- taken under section 2411 of this title. resentative shall initiate under section 2412(b)(1) of this title investigations under this subchapter (Pub. L. 93–618, title III, § 309, as added Pub. L. with respect to all of the priority foreign coun- 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. try practices identified. 1175.) (c) Agreements for elimination of barriers EFFECTIVE DATE In the consultations with a foreign country Section applicable to petitions filed, and investiga- that the Trade Representative is required to re- tions initiated, under section 2412 of this title on or quest under section 2413(a) of this title with re- after Aug. 23, 1988, and petitions filed, and investiga- spect to an investigation initiated by reason of tions initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title subsection (b) of this section, the Trade Rep- regarding the petition or investigation, see section resentative shall seek to negotiate an agree- 1301(c) of Pub. L. 100–418, set out as an Effective Date ment that provides for the elimination of the of 1988 Amendment note under section 2411 of this title. practices that are the subject of the investigation as quickly as possible or, if elimination of § 2420. Identification of trade expansion prior- the practices is not feasible, an agreement that ities provides for compensatory trade benefits. (a) Identification (d) Reports (1) Within 180 days after the submission in cal- The Trade Representative shall include in the endar year 1995 of the report required by section semiannual report required by section 2419 of 2241(b) of this title, the Trade Representative this title a report on the status of any investiga- shall— tions initiated pursuant to subsection (b) of this (A) review United States trade expansion section and, where appropriate, the extent to priorities, which such investigations have led to increased (B) identify priority foreign country prac- opportunities for the export of products and tices, the elimination of which is likely to services of the United States. have the most significant potential to increase United States exports, either directly or (Pub. L. 93–618, title III, § 310, as added Pub. L. through the establishment of a beneficial 100–418, title I, § 1302(a), Aug. 23, 1988, 102 Stat. precedent, and 1176; amended Pub. L. 103–465, title III, § 314(f), (C) submit to the Committee on Finance of Dec. 8, 1994, 108 Stat. 4941.) the Senate and the Committee on Ways and AMENDMENTS Means of the House of Representatives and publish in the Federal Register a report on the 1994—Pub. L. 103–465 amended section generally, changing dates and criteria for submission of certain priority foreign country practices identified. reports and revising and restructuring provisions relat- (2) In identifying priority foreign country ing to identification of trade liberalization priorities, practices under paragraph (1) of this section, the initiation of investigations, and agreements for elimi- Trade Representative shall take into account all nation of barriers. relevant factors, including— EX. ORD. NO. 12901. IDENTIFICATION OF TRADE EXPANSION (A) the major barriers and trade distorting PRIORITIES practices described in the National Trade Esti- Ex. Ord. No. 12901, Mar. 3, 1994, 59 F.R. 10727, as mate Report required under section 2241(b) of amended by Ex. Ord. No. 12973, Sept. 27, 1995, 60 F.R. this title; 51665, provided: (B) the trade agreements to which a foreign By the authority vested in me as President by the country is a party and its compliance with Constitution and the laws of the United States of those agreements; America, including sections 141 and 301–310 of the Trade (C) the medium- and long-term implications Act of 1974, as amended (the ‘‘Act’’) (19 U.S.C. 2171, of foreign government procurement plans; and 2411–2420), and section 301 of title 3, United States Code, (D) the international competitive position and to ensure that the trade policies of the United States advance, to the greatest extent possible, the ex- and export potential of United States products port of the products and services of the United States and services. and that trade policy resources are used efficiently, it (3) The Trade Representative may include in is hereby ordered as follows: the report, if appropriate— SECTION 1. Identification. (a) Within 6 months of the (A) a description of foreign country prac- submission of the National Trade Estimate Report (required by section 181(b) of the Act (19 U.S.C. 2241)) for tices that may in the future warrant identi- 1996 and 1997, the United States Trade Representative fication as priority foreign country practices; (‘‘Trade Representative’’) shall review United States and trade expansion priorities and identify priority foreign (B) a statement about other foreign country country practices, the elimination of which is likely to practices that were not identified because have the most significant potential to increase United § 2420 TITLE 19—CUSTOMS DUTIES Page 614

States exports, either directly or through the establish- sible, the export of the products and services of the ment of a beneficial precedent. The Trade Representa- United States and that trade policy resources are used tive shall submit to the Committee on Finance of the efficiently, it is hereby ordered as follows: Senate and the Committee on Ways and Means of the House of Representatives, and shall publish in the Fed- PART I: IDENTIFICATION OF TRADE EXPANSION PRIORITIES eral Register, a report on the priority foreign country SECTION 1. Identification and Annual Report. (a) Within practices identified. 30 days of the submission of the National Trade Esti- (b) In identifying priority foreign country practices mate Report required by section 181(b) of the Act (19 under paragraph (a) of this section, the Trade Rep- U.S.C. 2241(b)) for 1999, 2000, and 2001, the United States resentative shall take into account all relevant factors, Trade Representative (Trade Representative) shall re- including: view United States trade expansion priorities and iden- (1) the major barriers and trade distorting practices tify priority foreign country practices, the elimination described in the National Trade Estimate Report; of which is likely to have the most significant poten- (2) the trade agreements to which a foreign country tial to increase United States exports, either directly is a party and its compliance with those agreements; or through the establishment of a beneficial precedent. (3) the medium-term and long-term implications of The Trade Representative shall submit to the Commit- foreign government procurement plans; and tee on Finance of the Senate and the Committee on (4) the international competitive position and ex- Ways and Means of the House of Representatives, and port potential of United States products and services. shall publish in the Federal Register, a report on the (c) The Trade Representative may include in the re- priority foreign country practices identified. port, if appropriate, a description of the foreign coun- (b) In identifying priority foreign country practices try practices that may in the future warrant identifica- under paragraph (a) of this section, the Trade Rep- tion as priority foreign country practices. The Trade resentative shall take into account all relevant factors, Representative also may include a statement about including: other foreign country practices that were not identified (1) the major barriers and trade distorting practices because they are already being addressed by provisions described in the National Trade Estimate Report; of United States trade law, existing bilateral trade (2) the trade agreements to which a foreign country agreements, or in trade negotiations with other coun- is a party and its compliance with those agreements; tries and progress is being made toward their elimi- (3) the medium-term and long-term implications of nation. foreign government procurement plans; and SEC. 2. Initiation of Investigation. Within 21 days of the (4) the international competitive position and ex- submission of the report required by paragraph (a) of port potential of United States products and services. section 1, the Trade Representative shall initiate under (c) The Trade Representative may include in the re- section 302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) inves- port, if appropriate, a description of the foreign coun- tigations under title III, chapter 1, of the Act [19 U.S.C. try practices that may in the future warrant identifica- 2411 et seq.] with respect to all of the priority foreign tion as priority foreign country practices. The Trade country practices identified. Representative also may include a statement about SEC. 3. Agreements for the Elimination of Barriers. In other foreign country practices that were not identified the consultations with a foreign country that the because they are already being addressed by provisions Trade Representative is required to request under sec- of United States trade law, existing bilateral trade tion 303(a) of the Act (19 U.S.C. 2413(a)) with respect to agreements, or in trade negotiations with other coun- an investigation initiated by reason of section 2 of this tries and progress is being made toward their elimi- order, the Trade Representative shall seek to negotiate nation. an agreement that provides for the elimination of the SEC. 2. Resolution. Upon submission of the report re- practices that are the subject of the investigation as quired by paragraph (a) of section 1 of this part, the quickly as possible or, if that is not feasible, provides Trade Representative shall, with respect to any prior- for compensatory trade benefits. The Trade Represent- ity foreign country practice identified therein, engage ative shall monitor any agreement entered into under the country concerned for the purpose of seeking a sat- this section pursuant to the provisions of section 306 of isfactory resolution, for example, by obtaining compli- the Act (19 U.S.C. 2416). ance with a trade agreement or the elimination of the SEC. 4. Reports. The Trade Representative shall in- practice as quickly as possible, or, if this is not fea- clude in the semiannual report required by section 309 sible, by providing for compensatory trade benefits. of the Act (19 U.S.C. 2419) a report on the status of any SEC. 3. Initiation of Investigations. Within 90 days of investigation initiated pursuant to section 2 of this the submission of the report required by paragraph (a) order and, where appropriate, the extent to which such of section 1 of this part, the Trade Representative shall investigations have led to increased opportunities for initiate under section 302(b)(1) of the Act (19 U.S.C. the export of products and services of the United 2412(b)(1)) investigations with respect to all of the pri- States. ority foreign country practices identified, unless dur- SEC. 5. Presidential Direction. The authorities dele- ing the 90-day period the Trade Representative deter- gated pursuant to this order shall be exercised subject mines that a satisfactory resolution of the matter to be to any subsequent direction by the President in a par- investigated has been achieved. ticular matter. PART II: IDENTIFICATION OF DISCRIMINATORY WILLIAM J. CLINTON. GOVERNMENT PROCUREMENT PRACTICES EX. ORD. NO. 13116. IDENTIFICATION OF TRADE EXPANSION SECTION 1. Identification and Annual Report. (a) Within PRIORITIES AND DISCRIMINATORY PROCUREMENT PRAC- 30 days of the submission of the National Trade Esti- TICES mate Report for 1999, 2000, and 2001, the Trade Rep- Ex. Ord. No. 13116, Mar. 31, 1999, 64 F.R. 16333, pro- resentative shall submit to the Committees on Finance vided: and on Governmental Affairs [now Committee on By the authority vested in me as President by the Homeland Security and Governmental Affairs] of the Constitution and the laws of the United States of Senate and the Committees on Ways and Means and America, including title III of the Act of March 3, 1993 Government Reform and Oversight [now Committee on [1933], as amended ([former] 41 U.S.C. 10d) [see 41 U.S.C. Oversight and Government Reform] of the House of 8301 et seq.], sections 141 and 301–310 of the Trade Act Representatives, and shall publish in the Federal Reg- of 1974, as amended (the Act) (19 U.S.C. 2171, 2411–2420), ister, a report on the extent to which foreign countries title III of the Trade Agreements Act of 1979, as amend- discriminate against U.S. products or services in mak- ed (19 U.S.C. 2511–2518), and section 301 of title 3, United ing government procurements. States Code, and to ensure that the trade policies of (b) In the report, the Trade Representative shall iden- the United States advance, to the greatest extent pos- tify countries that: Page 615 TITLE 19—CUSTOMS DUTIES § 2431

(1) are not in compliance with their obligations unless during the 90-day period the Trade Representa- under the World Trade Organization Agreement on tive determines that a satisfactory resolution of the Government Procurement (the GPA), Chapter 10 of matter to be investigated has been achieved. the North American Free Trade Agreement (NAFTA), (b) For investigations initiated under paragraph (a) of or other agreements relating to government procure- this section (other than an investigation involving the ment (procurement agreements) to which that coun- GPA or NAFTA), the Trade Representative shall apply try and the United States are parties; or the time limits and procedures in section 304(a)(3) of (2) maintain, in government procurement, a signifi- the Act (19 U.S.C. 2414(a)(3)). The time limits in sub- cant and persistent pattern or practice of discrimina- section 304(a)(3)(B) of the Act (19 U.S.C. 2414(a)(3)(B)) tion against U.S. products or services that results in shall apply if the Trade Representative determines identifiable harm to U.S. businesses and whose prod- that: ucts or services are acquired in significant amounts (1) complex or complicated issues are involved in by the United States Government. the investigation that require additional time; SEC. 2. Considerations in Making Identifications. In (2) the foreign country involved in the investigation making the identifications required by section 1 of this is making substantial progress in drafting or imple- part, the Trade Representative shall: (a) consider the menting legislative or administrative measures that requirements of the GPA, NAFTA, or other procure- will end the discriminatory procurement practice; or ment agreements, government procurement practices, (3) such foreign country is undertaking enforce- and the effects of such practices on U.S. businesses as ment measures to end the discriminatory procure- a basis for evaluating whether the procurement prac- ment practice. tices of foreign governments do not provide fair market opportunities for U.S. products or services; PART III: DIRECTION (b) take into account, among other factors, whether and to what extent countries that are parties to the SECTION 1. Presidential Direction. The authorities dele- GPA, NAFTA, or other procurement agreements, and gated pursuant to this order shall be exercised subject other countries described in section 1 of this part: to any subsequent direction by the President in a par- (1) use sole-sourcing or otherwise noncompetitive ticular matter. procedures for procurement that could have been con- SEC. 2. Consultations and Advice. In developing the an- ducted using competitive procedures; nual reports required by part I and part II of this order, (2) conduct what normally would have been one pro- the Trade Representative shall consult with executive curement as two or more procurements, to decrease agencies and seek information and advice from U.S. the anticipated contract values below the value businesses in the United States and in the countries in- threshold of the GPA, NAFTA, or other procurement volved in the practices under consideration. agreements, or to make the procurement less attrac- WILLIAM J. CLINTON. tive to U.S. businesses; (3) announce procurement opportunities with inad- equate time intervals for U.S. businesses to submit SUBCHAPTER IV—TRADE RELATIONS WITH bids; and COUNTRIES NOT RECEIVING NON- (4) use specifications in such a way as to limit the DISCRIMINATORY TREATMENT ability of U.S. suppliers to participate in procurements; and (c) consider information included in the National PART 1—TRADE RELATIONS WITH CERTAIN Trade Estimate Report, and any other additional cri- COUNTRIES teria deemed appropriate, including, to the extent such information is available, the failure to apply trans- parent and competitive procedures or maintain and en- § 2431. Exception of products of certain countries force effective prohibitions on bribery and other cor- or areas rupt practices in connection with government procurement. Except as otherwise provided in this sub- SEC. 3. Impact of Noncompliance and Denial of Com- chapter, the President shall continue to deny parable Treatment. The Trade Representative shall take nondiscriminatory treatment to the products of into account, in identifying countries in the annual re- any country, the products of which were not eli- port and in any action required by this part, the rel- gible for the rates set forth in rate column num- ative impact of any noncompliance with the GPA, bered 1 of the Tariff Schedules of the United NAFTA, or other procurement agreements, or of other States on January 3, 1975. discrimination on U.S. commerce, and the extent to which such noncompliance or discrimination has im- (Pub. L. 93–618, title IV, § 401, Jan. 3, 1975, 88 peded the ability of U.S. suppliers to participate in pro- Stat. 2056.) curements on terms comparable to those available to suppliers of the country in question when seeking to REFERENCES IN TEXT sell goods or services to the United States Government. SEC. 4. Resolution. Upon submission of the report re- The Tariff Schedules of the United States, referred to quired by section 1 of this part, the Trade Representa- in text, to be treated as a reference to the Harmonized tive shall engage any country identified therein for the Tariff Schedule pursuant to section 3012 of this title. purpose of seeking a satisfactory resolution, for exam- The Harmonized Tariff Schedule is not set out in the ple, by obtaining compliance with the GPA, NAFTA, or Code. See Publication of Harmonized Tariff Schedule other procurement agreements or the elimination of note set out under section 1202 of this title. the discriminatory procurement practices as quickly as possible, or, if this is not feasible, by providing for com- REPORT ON EFFECT OF SUBCHAPTER; RECOMMENDATIONS pensatory trade benefits. SEC. 5. Initiation of Investigations. (a) Within 90 days of Pub. L. 95–501, title VI, § 604, Oct. 21, 1978, 92 Stat. the submission of the report required by section 1 of 1692, which provided that within six months after Oct. this part, the Trade Representative shall initiate under 21, 1978, the Secretary of Agriculture submit to Con- section 302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) inves- gress a report detailing the effect on United States ag- tigations with respect to any practice that: riculture of this subchapter, including a recommenda- (1) was the basis for the identification of a country tion as to whether the provisions of this subchapter under section 1; and should be repealed or amended, was omitted in the gen- (2) is not at that time the subject of any other in- eral revision of Pub. L. 95–501 by Pub. L. 101–624, title vestigation or action under title III, chapter 1, of the XV, § 1531, Nov. 28, 1990, 104 Stat. 3668. See chapter 87 Act [19 U.S.C. 2411 et seq.], (§ 5601 et seq.) of Title 7, Agriculture. § 2432 TITLE 19—CUSTOMS DUTIES Page 616

§ 2432. Freedom of emigration in East-West trade (B) he has received assurances that the emi- (a) Actions of nonmarket economy countries gration practices of that country will hence- making them ineligible for normal trade re- forth lead substantially to the achievement of lations, programs of credits, credit guaran- the objectives of this section. tees, or investment guarantees, or commer- (2) During any period subsequent to the 18- cial agreements month period referred to in paragraph (1), the To assure the continued dedication of the President is authorized to waive by Executive United States to fundamental human rights, and order the application of subsections (a) and (b) notwithstanding any other provision of law, on of this section with respect to any country, if or after January 3, 1975, products from any non- the waiver authority granted by this subsection market economy country shall not be eligible to continues to apply to such country pursuant to receive nondiscriminatory treatment (normal subsection (d) of this section, and if he reports trade relations), such country shall not partici- to the Congress that— pate in any program of the Government of the (A) he has determined that such waiver will United States which extends credits or credit substantially promote the objectives of this guarantees or investment guarantees, directly section; and or indirectly, and the President of the United (B) he has received assurances that the emi- States shall not conclude any commercial agree- gration practices of that country will hence- ment with any such country, during the period forth lead substantially to the achievement of beginning with the date on which the President the objectives of this section. determines that such country— (1) denies its citizens the right or oppor- (3) A waiver with respect to any country shall tunity to emigrate; terminate on the day after the waiver authority (2) imposes more than a nominal tax on emi- granted by this subsection ceases to be effective gration or on the visas or other documents re- with respect to such country pursuant to sub- quired for emigration, for any purpose or section (d) of this section. The President may, cause whatsoever; or at any time, terminate by Executive order any (3) imposes more than a nominal tax, levy, waiver granted under this subsection. fine, fee, or other charge on any citizen as a (d) Extension of waiver authority consequence of the desire of such citizen to (1) If the President determines that the fur- emigrate to the country of his choice, ther extension of the waiver authority granted and ending on the date on which the President under subsection (c) of this section will substan- determines that such country is no longer in tially promote the objectives of this section, he violation of paragraph (1), (2), or (3). may recommend further extensions of such au- (b) Presidential determination and report to thority for successive 12-month periods. Any Congress that nation is not violating freedom such recommendations shall— of emigration (A) be made not later than 30 days before the After January 3, 1975, (A) products of a non- expiration of such authority; market economy country may be eligible to re- (B) be made in a document transmitted to ceive nondiscriminatory treatment (normal the House of Representatives and the Senate trade relations), (B) such country may partici- setting forth his reasons for recommending pate in any program of the Government of the the extension of such authority; and United States which extends credits or credit (C) include, for each country with respect to guarantees or investment guarantees, and (C) which a waiver granted under subsection (c) of the President may conclude a commercial agree- this section is in effect, a determination that ment with such country, only after the Presi- continuation of the waiver applicable to that dent has submitted to the Congress a report in- country will substantially promote the objec- dicating that such country is not in violation of tives of this section, and a statement setting paragraph (1), (2), or (3) of subsection (a) of this forth his reasons for such determination. section. Such report with respect to such coun- If the President recommends the further exten- try shall include information as to the nature sion of such authority, such authority shall con- and implementation of emigration laws and tinue in effect until the end of the 12-month pe- policies and restrictions or discrimination ap- riod following the end of the previous 12-month plied to or against persons wishing to emigrate. extension with respect to any country (except The report required by this subsection shall be for any country with respect to which such au- submitted initially as provided herein and, with thority has not been extended under this sub- current information, on or before each June 30 section), unless a joint resolution described in and December 31 thereafter so long as such section 2193(a) of this title is enacted into law treatment is received, such credits or guaran- pursuant to the provisions of paragraph (2). tees are extended, or such agreement is in effect. (2)(A) The requirements of this paragraph are (c) Waiver authority of President met if the joint resolution is enacted under the (1) During the 18-month period beginning on procedures set forth in section 2193 of this title, January 3, 1975, the President is authorized to and— waive by Executive order the application of sub- (i) the Congress adopts and transmits the sections (a) and (b) of this section with respect joint resolution to the President before the to any country, if he reports to the Congress end of the 60-day period beginning on the date that— the waiver authority would expire but for an (A) he has determined that such waiver will extension under paragraph (1), and substantially promote the objectives of this (ii) if the President vetoes the joint resolu- section; and tion, each House of Congress votes to override Page 617 TITLE 19—CUSTOMS DUTIES § 2432

such veto on or before the later of the last day respect to such country.’’ in concluding provisions, and of the 60-day period referred to in clause (i) or struck out former par. (1) which read as follows: ‘‘If the the last day of the 15-day period (excluding President determines that the extension of the waiver authority granted by subsection (c)(1) of this section any day described in section 2194(b) of this will substantially promote the objectives of this sec- title) beginning on the date the Congress re- tion, he may recommend to the Congress that such au- ceives the veto message from the President. thority be extended for a period of 12 months. Any such (B) If a joint resolution is enacted into law recommendation shall— ‘‘(A) be made not later than 30 days before the expi- under the provisions of this paragraph, the waiv- ration of such authority; er authority applicable to any country with re- ‘‘(B) be made in the document transmitted to the spect to which the joint resolution disapproves House of Representatives and the Senate setting of the extension of such authority shall cease to forth his reasons for recommending the extension of be effective as of the day after the 60-day period such authority; and ‘‘(C) include, for each country with respect to which beginning on the date of the enactment of the a waiver granted under subsection (c)(1) of this sec- joint resolution. tion is in effect, a determination that continuation of (C) A joint resolution to which this subsection the waiver applicable to that country will substan- and section 2193 of this title apply may be intro- tially promote the objectives of this section, and a duced at any time on or after the date the Presi- statement setting forth his reasons for such deter- dent transmits to the Congress the document mination.’’ described in paragraph (1)(B). Subsec. (d)(2). Pub. L. 101–382, § 132(a)(2)(A), (C), added par. (2) and struck out former par. (2) which authorized (e) Countries not covered extension of waiver authority for 12-month period upon This section shall not apply to any country recommendation of President and adoption of concur- the products of which are eligible for the rates rent resolution approving extension of authority and set forth in rate column numbered 1 of the Tar- not excluding country, and provided procedures if such resolution was not adopted. iff Schedules of the United States on January 3, Subsec. (d)(3), (4). Pub. L. 101–382, § 132(a)(2)(A), struck 1975. out par. (3) which authorized extension of waiver au- (Pub. L. 93–618, title IV, § 402, Jan. 3, 1975, 88 thority upon recommendation of President for 60 days, Stat. 2056; Pub. L. 96–39, title XI, § 1106(f)(1), July and for 12 months if before end of 60-day period concurrent resolution was adopted approving extension of au- 26, 1979, 93 Stat. 312; Pub. L. 101–382, title I, thority and failing to exclude particular country, and § 132(a)(1), (2), Aug. 20, 1990, 104 Stat. 643, 644; provided procedures if such resolution was not adopted, Pub. L. 105–206, title V, § 5003(b)(2)(A), July 22, and struck out par. (4) which authorized extension of 1998, 112 Stat. 789.) waiver authority for 12 months upon recommendation of President if Congress failed to adopt concurrent res- REFERENCES IN TEXT olution approving extension under par. (3) and also The Tariff Schedules of the United States, referred to failed to adopt, in 45-day period following 60-day period, in subsec. (e), to be treated as a reference to the Har- concurrent resolution disapproving extension generally monized Tariff Schedule, see Pub. L. 100–418, title I, or with respect to particular country. § 1212, Aug. 23, 1988, 102 Stat. 1155, classified to section Subsec. (d)(5). Pub. L. 101–382, § 132(a)(2)(B), redesig- 3012 of this title. The Harmonized Tariff Schedule is not nated par. (5) as (1). set out in the Code. See Publication of Harmonized 1979—Subsec. (c)(1). Pub. L. 96–39 substituted ‘‘sub- Tariff Schedule note set out under section 1202 of this sections (a) and (b) of this section’’ for ‘‘subsection (a) title. and (b) of this section’’ in provisions preceding subpar. (A). AMENDMENTS EFFECTIVE DATE OF 1990 AMENDMENT 1998—Subsecs. (a), (b). Pub. L. 105–206 substituted ‘‘(normal trade relations)’’ for ‘‘(most-favored-nation Section 132(d) of Pub. L. 101–382 provided that: treatment)’’. ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 1990—Subsec. (d)(1). Pub. L. 101–382, § 132(a)(1), (2)(A), the amendments made by this section [amending this (B), redesignated par. (5) as (1), and substituted ‘‘If the section and sections 2191 to 2194, 2435, and 2437 of this President determines that the further extension of the title] take effect on the date of the enactment of this waiver authority granted under subsection (c) of this Act [Aug. 20, 1990]. ‘‘(2) EXTENSION OF WAIVER AUTHORITY.— section will’’ for ‘‘If the waiver authority granted by ‘‘(A) The amendments made by subsections (a) and subsection (c) of this section has been extended under (c)(4) and (5) [amending this section and sections 2192 paragraph (3) or (4) for any country for the 12-month and 2193 of this title] apply with respect to recom- period referred to in such paragraphs, and the Presi- mendations made under section 402(d) of the Trade dent determines that the further extension of such au- Act of 1974 [subsec. (d) of this section] by the Presi- thority will’’ in introductory provisions, substituted dent after May 23, 1990. ‘‘, unless a joint resolution described in section 2193(a) ‘‘(B) Solely for purposes of applying the applicable of this title is enacted into law pursuant to the provi- provisions of the Trade Act of 1974 [this chapter] with sions of paragraph (2).’’ for ‘‘, unless before the end of respect to the recommendations made by the Presi- the 60-day period following such previous 12-month ex- dent to the House of Representatives and the Senate tension, either the House of Representatives or the under subsection (d) of section 402 of the Trade Act of Senate adopts, by an affirmative vote of a majority of 1974 after May 23, 1990, and on or before the date of the Members present and voting in that House and the enactment of this Act— under the procedures set forth in section 2193 of this ‘‘(i) in paragraph (2)(A)(i) of subsection (d) of such title, a resolution disapproving the extension of such section 402 (as amended by subsection (a)), the date authority generally or with respect to such country on which the waiver authority granted under sub- specifically. Such authority shall cease to be effective section (c) of such section 402 would expire but for with respect to all countries on the date of the adop- an extension under paragraph (1) of such subsection tion by either House before the end of such 60-day pe- (d) is the date of the enactment of this Act; riod of a resolution disapproving the extension of such ‘‘(ii) paragraph (2)(A)(ii) of subsection (d) of such authority, and shall cease to be effective with respect section 402 (as amended by subsection (a)) shall be to any country on the date of the adoption by either treated as reading as follows: House before the end of such 60-day period of a resolu- ‘‘ ‘(ii) if the President vetoes the joint resolution, tion disapproving the extension of such authority with each House of Congress votes to override such veto § 2432 TITLE 19—CUSTOMS DUTIES Page 618

on or before the last day of the 60-day period re- Determination No. 83–7, June 3, 1983, 48 F.R. 26585.— ferred to in clause (i).’; Hungarian People’s Republic, People’s Republic of ‘‘(iii) if the waiver authority granted under such China, and Socialist Republic of Romania. subsection (c) is extended after application of Determination No. 84–9, May 31, 1984, 49 F.R. 24107.— clauses (i) and (ii), the expiration date for such au- Hungarian People’s Republic, People’s Republic of thority is July 3, 1991; and China, and Socialist Republic of Romania. ‘‘(iv) only joint resolutions described in section Determination No. 86–10, June 3, 1986, 51 F.R. 22057.— 153(a) of the Trade Act of 1974 [section 2193(a) of Hungarian People’s Republic, People’s Republic of this title] (as amended by subsection (a)) that are China, and Socialist Republic of Romania. introduced in the House of Representatives or the Determination No. 87–14, June 2, 1987, 52 F.R. 22431.— Senate on or after the date of the enactment of this Hungarian People’s Republic, People’s Republic of Act may be considered by either body.’’ China, and Socialist Republic of Romania. Determination No. 88–18, June 3, 1988, 53 F.R. 21407.— EFFECTIVE DATE OF 1979 AMENDMENT Hungarian People’s Republic and People’s Republic of Amendment by Pub. L. 96–39 effective July 26, 1979, China. see section 1114 of Pub. L. 96–39, set out as an Effective Determination No. 89–14, May 31, 1989, 54 F.R. 26943.— Date note under section 2581 of this title. Hungarian People’s Republic and People’s Republic of China. DELEGATION OF FUNCTIONS Determination No. 90–10, Feb. 20, 1990, 55 F.R. 8899.— Functions of President under subsec. (d)(1) of this Czechoslovakia. section delegated to Secretary of State by section Determination No. 90–21, May 24, 1990, 55 F.R. 23183.— 1(a)(i) of Ex. Ord. No. 13346, July 8, 2004, 69 F.R. 41905, People’s Republic of China. set out as a note under section 301 of Title 3, The Presi- Determination No. 90–22, June 3, 1990, 55 F.R. 42831.— dent. Czech and Slovak Federal Republic. For delegation of congressional reporting functions Determination No. 90–30, Aug. 15, 1990, 55 F.R. 35421.— of President under subsec. (b) of this section, see sec- German Democratic Republic. tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, Determination No. 91–11, Dec. 29, 1990, 56 F.R. 1561.— set out as a note under section 301 of Title 3, The Presi- Soviet Union. dent. Determination No. 91–18, Jan. 22, 1991, 56 F.R. 4169.— Bulgaria. WAIVER OF SUBSECTIONS (a) AND (b) BY EXECUTIVE Determination No. 91–19, Jan. 23, 1991, 56 F.R. 4171.— ORDER Mongolia. The following Executive orders waived the applica- Determination No. 91–36, May 29, 1991, 56 F.R. 26757.— tion of subsections (a) and (b) of this section for the People’s Republic of China. countries listed: Determination No. 91–39, June 3, 1991, 56 F.R. 27187.— Ex. Ord. No. 11854, Apr. 24, 1975, 40 F.R. 18391.—Social- Republic of Bulgaria, Czech and Slovak Federal Repub- ist Republic of Romania. lic, Soviet Union, and Mongolian People’s Republic. Ex. Ord. No. 12051, Apr. 7, 1978, 43 F.R. 15131.—Hungar- Determination No. 91–48, Aug. 17, 1991, 56 F.R. 43861.— ian People’s Republic. Romania. Ex. Ord. No. 12167, Oct. 23, 1979, 44 F.R. 61167.—Peo- Determination No. 92–3, Oct. 16, 1991, 56 F.R. 55203.— ple’s Republic of China. Czech and Slovak Federal Republic. Ex. Ord. No. 12702, Feb. 20, 1990, 55 F.R. 6231.—Czecho- Determination No. 92–20, Apr. 3, 1992, 57 F.R. 13623.— slovakia. Armenia, Belarus, Kyrgyzstan, and Russia. Ex. Ord. No. 12726, Aug. 15, 1990, 55 F.R. 33637.—Ger- Determination No. 92–25, May 6, 1992, 57 F.R. 22147.— man Democratic Republic. Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, Ex. Ord. No. 12740, Dec. 29, 1990, 56 F.R. 355.—Soviet and Uzbekistan. Union. Determination No. 92–26, May 20, 1992, 57 F.R. 48711.— Ex. Ord. No. 12745, Jan. 22, 1991, 56 F.R. 2835.—Bul- Albania. garia. Determination No. 92–29, June 2, 1992, 57 F.R. 24539.— Ex. Ord. No. 12746, Jan. 23, 1991, 56 F.R. 2837.—Mongo- People’s Republic of China. lia. Determination No. 92–30, June 3, 1992, 57 F.R. 24929.— Ex. Ord. No. 12772, Aug. 17, 1991, 56 F.R. 41621.—Roma- Albania, Armenia, Azerbaijan, Bulgaria, Byelarus, nia. Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Ex. Ord. No. 12798, Apr. 6, 1992, 57 F.R. 12175.—Arme- Romania, Russia, Ukraine, and Uzbekistan. nia. Ex. Ord. No. 12802, Apr. 16, 1992, 57 F.R. 14321.—Repub- Determination No. 92–31, June 3, 1992, 57 F.R. 24931.— lic of Byelarus, Republic of Kyrgyzstan, and Russian Tajikistan and Turkmenistan. Federation. Determination No. 93–23, May 28, 1993, 58 F.R. 31329.— Ex. Ord. No. 12809, June 3, 1992, 57 F.R. 23925.—Alba- People’s Republic of China. nia, Azerbaijan, Georgia, Kazakhstan, Moldova, Determination No. 93–25, June 2, 1993, 58 F.R. 33005.— Ukraine, and Uzbekistan. Albania, Armenia, Azerbaijan, Belarus, Georgia, Ex. Ord. No. 12811, June 24, 1992, 57 F.R. 28585.— Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Romania, Tajikistan and Turkmenistan. Russia, Tajikistan, Turkmenistan, Ukraine, and Ex. Ord. No. 13079, Apr. 7, 1998, 63 F.R. 17309.—Viet- Uzbekistan. nam. Determination No. 94–26, June 2, 1994, 59 F.R. 31103.— Ex. Ord. No. 13220, July 2, 2001, 66 F.R. 35527.—Repub- People’s Republic of China. lic of Belarus. Determination No. 94–27, June 2, 1994, 59 F.R. 31105.— Ex. Ord. No. 13314, Aug. 8, 2003, 68 F.R. 48249.— Albania, Armenia, Azerbaijan, Belarus, Georgia, Turkmenistan. Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Romania, Ex. Ord. No. 13437, June 28, 2007, 72 F.R. 36339.— Russia, Tajikistan, Turkmenistan, Ukraine, and Turkmenistan. Uzbekistan. Ex. Ord. No. 13510, July 1, 2009, 74 F.R. 32047.—Repub- Determination No. 95–23, June 2, 1995, 60 F.R. 31047.— lic of Belarus. People’s Republic of China. Determination No. 95–24, June 2, 1995, 60 F.R. 31049.— PRESIDENTIAL DETERMINATIONS RELATING TO WAIVERS Albania, Armenia, Azerbaijan, Belarus, Georgia, The following Presidential Determinations related to Kazakhstan, Kyrgyzstan, Moldova, Mongolia, waivers or continuation of waivers for the countries Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. listed: Determination No. 96–29, May 31, 1996, 61 F.R. 29455.— Determination No. 81–8, June 2, 1981, 46 F.R. 30797.— People’s Republic of China. Hungarian People’s Republic, People’s Republic of Determination No. 96–30, June 3, 1996, 61 F.R. 29457.— China, and Socialist Republic of Romania. Albania, Armenia, Azerbaijan, Belarus, Georgia, Page 619 TITLE 19—CUSTOMS DUTIES § 2434

Kazakhstan, Kyrgyzstan, Moldova, Mongolia, which the United States extends credit, credit Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. guarantees, or investment guarantees, and Determination No. 97–25, May 29, 1997, 62 F.R. 31313.— (C) no commercial agreement entered into People’s Republic of China. Determination No. 97–28, June 3, 1997, 62 F.R. 32019.— under this subchapter between such country Albania, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, and the United States will take effect. Turkmenistan, and Uzbekistan. (b) Exception Determination No. 98–17, Mar. 9, 1998, 63 F.R. 14329.— Vietnam. This section shall not apply to any country Determination No. 98–26, June 3, 1998, 63 F.R. 32705.— the products of which are eligible for the rates People’s Republic of China. set forth in rate column numbered 1 of the Tar- Determination No. 98–27, June 3, 1998, 63 F.R. 32707.— iff Schedules of the United States on January 3, Vietnam. 1975. Determination No. 98–28, June 3, 1998, 63 F.R. 32709.— Republic of Belarus. (Pub. L. 93–618, title IV, § 403, Jan. 3, 1975, 88 Determination No. 99–26, June 3, 1999, 64 F.R. 31109.— Stat. 2060.) Republic of Belarus. Determination No. 99–27, June 3, 1999, 64 F.R. 31111.— REFERENCES IN TEXT Vietnam. The Tariff Schedules of the United States, referred to Determination No. 99–28, June 3, 1999, 64 F.R. 31113.— in subsec. (b), to be treated as a reference to the Har- People’s Republic of China. monized Tariff Schedule, pursuant to section 3012 of Determination No. 2000–21, June 2, 2000, 65 F.R. this title. The Harmonized Tariff Schedule is not set 36309.—Vietnam. out in the Code. See Publication of Harmonized Tariff Determination No. 2000–22, June 2, 2000, 65 F.R. Schedule note set out under section 1202 of this title. 36311.—Republic of Belarus. Determination No. 2000–23, June 2, 2000, 65 F.R. § 2434. Extension of nondiscriminatory treatment 36313.—People’s Republic of China. Determination No. 2001–16, June 1, 2001, 66 F.R. (a) Presidential proclamation 30631.—People’s Republic of China. Determination No. 2001–17, June 1, 2001, 66 F.R. Subject to the provisions of section 2435(c) of 30633.—Vietnam. this title, the President may by proclamation Determination No. 2001–20, July 2, 2001, 66 F.R. extend nondiscriminatory treatment to the 37109.—Republic of Belarus. products of a foreign country which has entered Determination No. 02–21, June 3, 2002, 67 F.R. 40833.— into a bilateral commercial agreement referred Republic of Belarus. to in section 2435 of this title. Determination No. 02–22, June 3, 2002, 67 F.R. 40835.— Vietnam. (b) Limitation on period of effectiveness Determination No. 2003–24, May 29, 2003, 68 F.R. The application of nondiscriminatory treat- 35525.—Vietnam. Determination No. 2003–25, May 29, 2003, 68 F.R. ment shall be limited to the period of effective- 35527.—Republic of Belarus. ness of the obligations of the United States to Determination No. 2003–31, Aug. 8, 2003, 68 F.R. such country under such bilateral commercial 49325.—Turkmenistan. agreement. In addition, in the case of any for- Determination No. 2004–32, June 3, 2004, 69 F.R. eign country receiving nondiscriminatory treat- 32429.—Turkmenistan. ment pursuant to this subchapter which has en- Determination No. 2004–33, June 3, 2004, 69 F.R. 32431.—Republic of Belarus. tered into an agreement with the United States Determination No. 2004–34, June 3, 2004, 69 F.R. regarding the settlement of lendlease reciprocal 32433.—Vietnam. aid and claims, the application of such non- Determination No. 2007–24, June 28, 2007, 72 F.R. discriminatory treatment shall be limited to pe- 37421.—Turkmenistan. riods during which such country is not in ar- Determination No. 2009–22, July 1, 2009, 74 F.R. rears on its obligations under such agreement. 32785.—Republic of Belarus. (c) Suspension or withdrawal of extensions of § 2433. United States personnel missing in action nondiscriminatory treatment in Southeast Asia The President may at any time suspend or (a) Penalty for noncooperating countries withdraw any extension of nondiscriminatory Notwithstanding any other provision of law, if treatment to any country pursuant to sub- the President determines that a nonmarket section (a) of this section and thereby cause all economy country is not cooperating with the products of such country to be dutiable at the United States— rates set forth in rate column numbered 2 of the (1) to achieve a complete accounting of all Harmonized Tariff Schedule of the United United States military and civilian personnel States. who are missing in action in Southeast Asia, (Pub. L. 93–618, title IV, § 404, Jan. 3, 1975, 88 (2) to repatriate such personnel who are Stat. 2060; Pub. L. 96–39, title XI, § 1106(f)(2), July alive, and 26, 1979, 93 Stat. 312; Pub. L. 100–418, title I, (3) to return the remains of such personnel § 1214(j)(3), Aug. 23, 1988, 102 Stat. 1158.) who are dead to the United States, REFERENCES IN TEXT then, during the period beginning with the date of such determination and ending on the date on The Harmonized Tariff Schedule of the United States, which the President determines such country is referred to in subsec. (c), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out cooperating with the United States, he may pro- under section 1202 of this title. vide that— (A) the products of such country may not re- AMENDMENTS ceive nondiscriminatory treatment, 1988—Subsec. (c). Pub. L. 100–418 substituted ‘‘Har- (B) such country may not participate, di- monized Tariff Schedule of the United States’’ for rectly or indirectly, in any program under ‘‘Tariff Schedules for the United States’’. § 2434 TITLE 19—CUSTOMS DUTIES Page 620

1979—Subsec. (c). Pub. L. 96–39 struck out the comma ‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE after ‘‘subsection (a) of this section’’. IV OF THE TRADE ACT OF 1974 TO THE PROD- UCTS OF UKRAINE. EFFECTIVE DATE OF 1988 AMENDMENT ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF Amendment by Pub. L. 100–418 effective Jan. 1, 1989, NONDISCRIMINATORY TREATMENT.—Notwithstanding any and applicable with respect to articles entered on or provision of title IV of the Trade Act of 1974 (19 U.S.C. after such date, see section 1217(b)(1) of Pub. L. 100–418, 2431 et seq.), the President may— set out as an Effective Date note under section 3001 of ‘‘(1) determine that such title should no longer this title. apply to Ukraine; and ‘‘(2) after making a determination under paragraph EFFECTIVE DATE OF 1979 AMENDMENT (1) with respect to Ukraine, proclaim the extension of Amendment by Pub. L. 96–39 effective July 26, 1979, nondiscriminatory treatment (normal trade relations see section 1114 of Pub. L. 96–39, set out as an Effective treatment) to the products of that country. Date note under section 2581 of this title. ‘‘(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On and after the effective date under subsection (a) of the EXTENSION OF NONDISCRIMINATORY TREATMENT TO extension of nondiscriminatory treatment to the prod- PRODUCTS OF UKRAINE ucts of Ukraine [Nondiscriminatory treatment extended Mar. 31, 2006, see Proc. No. 7995, listed in the Pub. L. 109–205, Mar. 23, 2006, 120 Stat. 313, provided table of presidential documents below.], title IV of the that: Trade Act of 1974 shall cease to apply to that country.’’ ‘‘SECTION 1. FINDINGS. ‘‘Congress finds as follows: EXTENSION OF NONDISCRIMINATORY TREATMENT TO ‘‘(1) Ukraine allows its citizens the right and oppor- PRODUCTS OF ARMENIA tunity to emigrate, free of any heavy tax on emigra- Pub. L. 108–429, title II, § 2001, Dec. 3, 2004, 118 Stat. tion or on the visas or other documents required for 2587, provided that: emigration and free of any tax, levy, fine, fee, or ‘‘(a) FINDINGS.—Congress makes the following find- other charge on any citizens as a consequence of the ings: desire of such citizens to emigrate to the country of ‘‘(1) Armenia has been found to be in full compli- their choice. ance with the freedom of emigration requirements ‘‘(2) Ukraine has received normal trade relations under title IV of the Trade Act of 1974 [19 U.S.C. 2431 treatment since 1992 and has been found to be in full et seq.]. compliance with the freedom of emigration require- ‘‘(2) Armenia acceded to the World Trade Organiza- ments under title IV of the Trade Act of 1974 [19 tion on February 5, 2003. U.S.C. 2431 et seq.] since 1997. ‘‘(3) Since declaring its independence from the So- ‘‘(3) Since the establishment of an independent viet Union in 1991, Armenia has made considerable Ukraine in 1991, Ukraine has made substantial progress in enacting free-market reforms. progress toward the creation of democratic institu- ‘‘(4) Armenia has demonstrated a strong desire to tions and a free-market economy. build a friendly and cooperative relationship with the ‘‘(4) Ukraine has committed itself to ensuring free- United States and has concluded many bilateral trea- dom of religion, respect for rights of minorities, and ties and agreements with the United States. eliminating intolerance and has been a paragon of ‘‘(5) Total United States-Armenia bilateral trade inter-ethnic cooperation and harmony, as evidenced for 2002 amounted to more than $134,200,000. by the annual human rights reports of the Organiza- ‘‘(b) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS tion for Security and Cooperation in Europe (OSCE) OF NONDISCRIMINATORY TREATMENT.—Notwithstanding and the United States Department of State. any provision of title IV of the Trade Act of 1974 (19 ‘‘(5) Ukraine has taken major steps toward global U.S.C. 2431 et seq.), the President may— security by ratifying the Treaty on the Reduction ‘‘(1) determine that such title should no longer and Limitation of Strategic Offensive Weapons apply to Armenia; and (START I) and the Treaty on the Non-Proliferation of ‘‘(2) after making a determination under paragraph Nuclear Weapons, subsequently turning over the last (1) with respect to Armenia, proclaim the extension of its Soviet-era nuclear warheads on June 1, 1996, of nondiscriminatory treatment (normal trade rela- and agreeing, in 1998, not to assist Iran with the com- tions treatment) to the products of that country. pletion of a program to develop and build nuclear ‘‘(c) TERMINATION OF APPLICATION OF TITLE IV.—On breeding reactors, and has fully supported the United and after the effective date of the extension under sub- States in nullifying the Anti-Ballistic Missile (ABM) section (b)(2) of nondiscriminatory treatment to the Treaty. products of Armenia [Nondiscriminatory treatment ex- ‘‘(6) At the Madrid Summit in 1997, Ukraine became tended Jan. 7, 2005, see Proc. No. 7860, listed in the table a member of the North Atlantic Cooperation Council of presidential documents below.], title IV of the Trade of the North Atlantic Treaty Organization (NATO), Act of 1974 shall cease to apply to that country.’’ and has been a participant in the Partnership for Peace (PfP) program since 1994. EXTENSION OF NONDISCRIMINATORY TREATMENT TO ‘‘(7) Ukraine is a peaceful state which established PRODUCTS OF VIETNAM exemplary relations with all neighboring countries, Pub. L. 109–432, div. D, title IV, §§ 4001, 4002, Dec. 20, and consistently pursues a course of European inte- 2006, 120 Stat. 3177, 3178, provided that: gration with a commitment to ensuring democracy and prosperity for its citizens. ‘‘SEC. 4001. FINDINGS. ‘‘(8) Ukraine has built a broad and durable relation- ‘‘Congress finds the following: ship with the United States and has been an unwaver- ‘‘(1) In July 1995, President Bill Clinton announced ing ally in the struggle against international terror- the formal normalization of diplomatic relations be- ism that has taken place since the attacks against tween the United States and Vietnam. the United States that occurred on September 11, ‘‘(2) Vietnam has taken cooperative steps with the 2001. United States under the United States Joint POW/ ‘‘(9) Ukraine has concluded a bilateral trade agree- MIA Accounting Command (formerly the Joint Task ment with the United States that entered into force Force-Full Accounting) established in 1992 by Presi- on June 23, 1992, and is in the process of acceding to dent George H.W. Bush to provide the fullest possible the World Trade Organization (WTO). On March 6, accounting of MIA and POW cases. 2006, the United States and Ukraine signed a bilateral ‘‘(3) In 2000, the United States and Vietnam con- market access agreement as a part of the WTO acces- cluded a bilateral trade agreement that included sion process. commitments on goods, services, intellectual prop- Page 621 TITLE 19—CUSTOMS DUTIES § 2434

erty rights, and investment. The agreement was ap- ‘‘(5) demonstrated strong and effective enforcement proved by joint resolution enacted pursuant to sec- of internationally recognized core labor standards tion 405(c) of the Trade Act of 1974 (19 U.S.C. 2435(c)), and a commitment to continue to improve effective and entered into force in December 2001. enforcement of its laws reflecting such standards; ‘‘(4) Since 2001, normal trade relations treatment ‘‘(6) committed to developing a system of govern- has consistently been extended to Vietnam pursuant ance in accordance with the provisions of the Final to title IV of the Trade Act of 1974 [19 U.S.C. 2431 et Act of the Conference on Security and Cooperation in seq.]. Europe (also known as the ‘Helsinki Final Act’) re- ‘‘(5) Vietnam has undertaken significant market- garding human rights and humanitarian affairs; based economic reforms, including the reduction of ‘‘(7) endeavored to address issues related to its na- government subsidies, tariffs and nontariff barriers, tional and religious minorities and, as a member and extensive legal reform. These measures have dra- state of the Organization for Security and Coopera- matically improved Vietnam’s business and invest- tion in Europe (OSCE), committed to adopting spe- ment climate. cial measures for ensuring that persons belonging to ‘‘(6) Vietnam has completed its negotiations to join national minorities have full equality individually as the World Trade Organization (WTO). On May 31, 2006, well as in community with other members of their the United States and Vietnam signed a comprehen- group; sive bilateral agreement providing greater market ‘‘(8) also committed to enacting legislation to pro- access for goods and services and other trade liberal- vide protection against incitement to violence izing commitments. On November 7, 2006, the WTO against persons or groups based on national, racial, General Council approved Vietnam’s membership. ethnic, or religious discrimination, hostility, or ha- Vietnam’s National Assembly ratified Vietnam’s tred, including anti-Semitism; WTO accession commitments on November 28, 2006, ‘‘(9) continued to return communal properties con- and Vietnam will become the 150th Member of the fiscated from national and religious minorities dur- WTO 30 days thereafter. ing the Soviet period, facilitating the reemergence of ‘‘(7) On November 13, 2006, the Department of State these communities in the national life of Georgia and removed Vietnam from its list of Countries of Par- establishing the legal framework for completion of ticular Concern (CPC) for severe violations of reli- this process in the future; gious freedom. In reaching this determination, the ‘‘(10) concluded a bilateral trade agreement with Department of State cited significant improvements the United States in 1993 and a bilateral investment in Vietnam toward advancing religious freedom, treaty in 1994; though problems remain that merit immediate atten- ‘‘(11) demonstrated a strong desire to build a friend- tion and important work remains to be done to fully ly and cooperative relationship with the United protect religious freedom in Vietnam. States; and ‘‘SEC. 4002. TERMINATION OF APPLICATION OF ‘‘(12) acceded to the World Trade Organization on TITLE IV OF THE TRADE ACT OF 1974 TO VIET- June 14, 2000, and the extension of unconditional nor- NAM. mal trade relations treatment to the products of ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF Georgia will enable the United States to avail itself NON-DISCRIMINATORY TREATMENT.—Notwithstanding of all rights under the World Trade Organization with any provision of title IV of the Trade Act of 1974 (19 respect to Georgia. U.S.C. 2431 et seq.), the President may— ‘‘(1) determine that such title should no longer ‘‘SEC. 3002. TERMINATION OF APPLICATION OF apply to Vietnam; and TITLE IV OF THE TRADE ACT OF 1974 TO GEOR- ‘‘(2) after making a determination under paragraph GIA. (1) with respect to Vietnam, proclaim the extension ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS of nondiscriminatory treatment (normal trade rela- OF NONDISCRIMINATORY TREATMENT.—Notwithstanding tions treatment) to the products of that country. any provision of title IV of the Trade Act of 1974 (19 ‘‘(b) TERMINATION OF THE APPLICABILITY OF TITLE U.S.C. 2431 et seq.), the President may— IV.—On and after the effective date of the extension of ‘‘(1) determine that such title should no longer nondiscriminatory treatment to the products of Viet- apply to Georgia; and nam under subsection (a) [Nondiscriminatory treat- ‘‘(2) after making a determination under paragraph ment extended Dec. 29, 2006, see Proc. No. 8096, listed in (1) with respect to Georgia, proclaim the extension of the table of presidential documents below.], title IV of nondiscriminatory treatment (normal trade relations the Trade Act of 1974 [19 U.S.C. 2431 et seq.] shall cease treatment) to the products of that country. to apply to that country.’’ ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On Pub. L. 107–52, Oct. 16, 2001, 115 Stat. 268, provided: and after the effective date of the extension under sub- ‘‘That the Congress approves the extension of non- section (a)(2) of nondiscriminatory treatment to the discriminatory treatment with respect to the products products of Georgia [Nondiscriminatory treatment ex- of the Socialist Republic of Vietnam transmitted by tended Dec. 29, 2000, see Proc. No. 7389, listed in the the President to the Congress on June 8, 2001.’’ table of presidential documents below.], title IV of the Trade Act of 1974 shall cease to apply to that country.’’ EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF GEORGIA EXTENSION OF NONDISCRIMINATORY TREATMENT TO Pub. L. 106–476, title III, Nov. 9, 2000, 114 Stat. 2175, PRODUCTS OF PEOPLE’S REPUBLIC OF CHINA provided that: Pub. L. 106–286, div. A, title I, §§ 101, 102, Oct. 10, 2000, ‘‘SEC. 3001. FINDINGS. 114 Stat. 881, 882, provided that: ‘‘Congress finds that Georgia has— ‘‘(1) made considerable progress toward respecting ‘‘SEC. 101. TERMINATION OF APPLICATION OF fundamental human rights consistent with the objec- CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF tives of title IV of the Trade Act of 1974 [19 U.S.C. 2431 1974 TO THE PEOPLE’S REPUBLIC OF CHINA. et seq.]; ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF ‘‘(2) adopted administrative procedures that accord NONDISCRIMINATORY TREATMENT.—Notwithstanding any its citizens the right to emigrate, travel freely, and provision of chapter 1 of title IV of the Trade Act of to return to their country without restriction; 1974 (19 U.S.C. 2431 et seq.) [this part], as designated by ‘‘(3) been found to be in full compliance with the section 3(a)(2) [103(a)(2)] of this Act, the President freedom of emigration provisions in title IV of the may— Trade Act of 1974; ‘‘(1) determine that such chapter should no longer ‘‘(4) made progress toward democratic rule and cre- apply to the People’s Republic of China; and ating a free market economic system since its inde- ‘‘(2) after making a determination under paragraph pendence from the Soviet Union; (1) with respect to the People’s Republic of China, § 2434 TITLE 19—CUSTOMS DUTIES Page 622

proclaim the extension of nondiscriminatory treat- EXTENSION OF NONDISCRIMINATORY TREATMENT TO ment (normal trade relations treatment) to the prod- PRODUCTS OF KYRGYZSTAN ucts of that country. Pub. L. 106–200, title III, § 302, May 18, 2000, 114 Stat. CCESSION OF THE PEOPLE’S REPUBLIC OF CHINA ‘‘(b) A 289, provided that: TO THE WORLD TRADE ORGANIZATION.—Prior to making ‘‘(a) FINDINGS.—Congress makes the following find- the determination provided for in subsection (a)(1) and ings: pursuant to the provisions of section 122 of the Uruguay ‘‘(1) Kyrgyzstan has been found to be in full compli- Round Agreements Act (19 U.S.C. 3532), the President ance with the freedom of emigration requirements shall transmit a report to Congress certifying that the under title IV of the Trade Act of 1974 [19 U.S.C. 2431 terms and conditions for the accession of the People’s et seq.]. Republic of China to the World Trade Organization are ‘‘(2) Since its independence from the Soviet Union at least equivalent to those agreed between the United in 1991, Kyrgyzstan has made great progress toward States and the People’s Republic of China on November democratic rule and toward creating a free-market 15, 1999. economic system. ‘‘(3) Kyrgyzstan concluded a bilateral investment ‘‘SEC. 102. EFFECTIVE DATE. treaty with the United States in 1994. ‘‘(a) EFFECTIVE DATE OF NONDISCRIMINATORY TREAT- ‘‘(4) Kyrgyzstan has demonstrated a strong desire MENT.—The extension of nondiscriminatory treatment to build a friendly and cooperative relationship with pursuant to section 101(a) shall be effective no earlier the United States. than the effective date of the accession of the People’s ‘‘(5) The extension of unconditional normal trade Republic of China to the World Trade Organization relations treatment to the products of Kyrgyzstan [Dec. 11, 2001]. will enable the United States to avail itself of all ‘‘(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On rights under the World Trade Organization with re- and after the effective date under subsection (a) of the spect to Kyrgyzstan. extension of nondiscriminatory treatment to the prod- ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV OF THE ucts of the People’s Republic of China [Nondiscrim- TRADE ACT OF 1974 TO KYRGYZSTAN.— inatory treatment extended Jan. 1, 2002, see Proc. No. ‘‘(1) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS 7516, listed in the table of presidential documents OF NONDISCRIMINATORY TREATMENT.—Notwithstanding below.], chapter 1 of title IV of the Trade Act of 1974 any provision of title IV of the Trade Act of 1974 (19 [this part] (as designated by section 103(a)(2) of this U.S.C. 2431 et seq.), the President may— Act) shall cease to apply to that country.’’ ‘‘(A) determine that such title should no longer apply to Kyrgyzstan; and EXTENSION OF NONDISCRIMINATORY TREATMENT TO ‘‘(B) after making a determination under subpara- PRODUCTS OF ALBANIA graph (A) with respect to Kyrgyzstan, proclaim the extension of nondiscriminatory treatment (normal Pub. L. 106–200, title III, § 301, May 18, 2000, 114 Stat. trade relations treatment) to the products of that 288, provided that: country. ‘‘(a) FINDINGS.—Congress makes the following find- ‘‘(2) TERMINATION OF APPLICATION OF TITLE IV.—On ings: or after the effective date of the extension under ‘‘(1) Albania has been found to be in full compliance paragraph (1)(B) of nondiscriminatory treatment to with the freedom of emigration requirements under the products of Kyrgyzstan [Nondiscriminatory treat- title IV of the Trade Act of 1974 [19 U.S.C. 2431 et ment extended June 29, 2000, see Proc. No. 7326, listed seq.]. in the table of presidential documents below.], title ‘‘(2) Since its emergence from communism, Albania IV of the Trade Act of 1974 shall cease to apply to has made progress toward democratic rule and the that country.’’ creation of a free-market economy. ‘‘(3) Albania has concluded a bilateral investment EXTENSION OF NONDISCRIMINATORY TREATMENT TO treaty with the United States. PRODUCTS OF MONGOLIA ‘‘(4) Albania has demonstrated a strong desire to Pub. L. 106–36, title II, § 2424, June 25, 1999, 113 Stat. build a friendly relationship with the United States 180, provided that: and has been very cooperative with NATO and the ‘‘(a) FINDINGS.—The Congress finds that Mongolia— international community during and after the ‘‘(1) has received normal trade relations treatment Kosova crisis. since 1991 and has been found to be in full compliance ‘‘(5) The extension of unconditional normal trade with the freedom of emigration requirements under relations treatment to the products of Albania will title IV of the Trade Act of 1974 [19 U.S.C. 2431 et enable the United States to avail itself of all rights seq.]; under the World Trade Organization with respect to ‘‘(2) has emerged from nearly 70 years of com- Albania when that country becomes a member of the munism and dependence on the former Soviet Union, World Trade Organization. approving a new constitution in 1992 which has estab- ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV OF THE lished a modern parliamentary democracy charged TRADE ACT OF 1974 TO ALBANIA.— with guaranteeing fundamental human rights, free- ‘‘(1) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS dom of expression, and an independent judiciary; OF NONDISCRIMINATORY TREATMENT.—Notwithstanding ‘‘(3) has held four national elections under the new any provision of title IV of the Trade Act of 1974 (19 constitution, two presidential and two parliamen- U.S.C. 2431 et seq.), the President may— tary, thereby solidifying the nation’s transition to ‘‘(A) determine that such title should no longer democracy; apply to Albania; and ‘‘(4) has undertaken significant market-based eco- ‘‘(B) after making a determination under subpara- nomic reforms, including privatization, the reduction graph (A) with respect to Albania, proclaim the ex- of government subsidies, the elimination of most tension of nondiscriminatory treatment (normal price controls and virtually all import tariffs, and the trade relations treatment) to the products of that closing of insolvent banks; country. ‘‘(5) has concluded a bilateral trade treaty with the ‘‘(2) TERMINATION OF APPLICATION OF TITLE IV.—On United States in 1991, and a bilateral investment or after the effective date of the extension under treaty in 1994; paragraph (1)(B) of nondiscriminatory treatment to ‘‘(6) has acceded to the Agreement Establishing the the products of Albania [Nondiscriminatory treat- World Trade Organization, and extension of uncondi- ment extended June 29, 2000, see Proc. No. 7326, listed tional normal trade relations treatment to the prod- in the table of presidential documents below.], title ucts of Mongolia would enable the United States to IV of the Trade Act of 1974 shall cease to apply to avail itself of all rights under the World Trade Orga- that country.’’ nization with respect to Mongolia; and Page 623 TITLE 19—CUSTOMS DUTIES § 2434

‘‘(7) has demonstrated a strong desire to build ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On friendly relationships and to cooperate fully with the and after the effective date of the extension under sub- United States on trade matters. section (a)(2) of nondiscriminatory treatment to the ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV OF THE products of Romania [Nondiscriminatory treatment ex- TRADE ACT OF 1974 to Mongolia.— tended Nov. 12, 1996, see Proc. No. 6951, listed in the ‘‘(1) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS table of presidential documents below.], title IV of the OF NONDISCRIMINATORY TREATMENT.—Notwithstanding Trade Act of 1974 shall cease to apply to that country.’’ any provision of title IV of the Trade Act of 1974 (19 Pub. L. 103–133, Nov. 2, 1993, 107 Stat. 1373, provided: U.S.C. 2431 et seq.), the President may— ‘‘That the Congress approves the extension of non- ‘‘(A) determine that such title should no longer discriminatory treatment with respect to the products apply to Mongolia; and of Romania transmitted by the President to the Con- ‘‘(B) after making a determination under subpara- gress on July 2, 1993.’’ graph (A) with respect to Mongolia, proclaim the extension of nondiscriminatory treatment (normal WITHDRAWAL OF MOST-FAVORED-NATION STATUS FROM trade relations treatment) to the products of that SERBIA AND MONTENEGRO country. Pub. L. 102–420, Oct. 16, 1992, 106 Stat. 2149, provided ‘‘(2) TERMINATION OF APPLICATION OF TITLE IV.—On that: or after the effective date of the extension under ‘‘(a) FINDINGS.—The Congress finds that Serbia or paragraph (1)(B) of nondiscriminatory treatment to Montenegro are not complying with the provisions of the products of Mongolia [Nondiscriminatory treat- the Final Act of the Conference on Security and Co- ment extended July 1, 1999, see Proc. No. 7207, listed operation in Europe (also known as the ‘Helsinki Final in the table of presidential documents below.], title Act’), particularly the provisions regarding human IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.] rights and humanitarian affairs and are not respecting shall cease to apply to that country.’’ minority rights in Kosovo and Vojvodina. EXTENSION OF NONDISCRIMINATORY TREATMENT TO ‘‘(b) WITHDRAWAL OF MFN STATUS.—Except as pro- PRODUCTS OF ROMANIA vided in subsection (c), nondiscriminatory treatment shall not apply with respect to any goods that— Pub. L. 104–171, Aug. 3, 1996, 110 Stat. 1539, provided ‘‘(1) are the product of Serbia or Montenegro; and that: ‘‘(2) are entered into the customs territory of the ‘‘SECTION 1. FINDINGS. United States on or after the 15th day after the date ‘‘The Congress finds that— of the enactment of this Act [Oct. 16, 1992]. ‘‘(1) Romania emerged from years of brutal Com- ‘‘(c) RESTORATION OF NONDISCRIMINATORY TREAT- munist dictatorship in 1989 and approved a new Con- MENT.—Notwithstanding subsection (b), the President stitution and elected a Parliament by 1991, laying the may restore nondiscriminatory treatment to goods foundation for a modern parliamentary democracy that are the product of Serbia or Montenegro, as the charged with guaranteeing fundamental human case may be, 30 days after he certifies to the Congress rights, freedom of expression, and respect for private that Serbia or Montenegro, as the case may be— property; ‘‘(1) has ceased its armed conflict with the other ‘‘(2) local elections, parliamentary elections, and ethnic peoples of the region formerly comprising the presidential elections have been held in Romania, and Socialist Federal Republic of Yugoslavia; 1996 will mark the second nationwide presidential ‘‘(2) has agreed to respect the borders of the 6 re- elections under the new Constitution; publics that comprised the Socialist Federal Republic ‘‘(3) Romania has undertaken significant economic of Yugoslavia under the 1974 Yugoslav Constitution; reforms, including the establishment of a two-tier and banking system, the introduction of a modern tax ‘‘(3) has ceased all support of Serbian forces inside system, the freeing of most prices and elimination of Bosnia-Hercegovina.’’ most subsidies, the adoption of a tariff-based trade regime, and the rapid privatization of industry and EXTENSION OF NONDISCRIMINATORY TREATMENT TO nearly all agriculture; PRODUCTS OF REPUBLIC OF ALBANIA ‘‘(4) Romania concluded a bilateral investment Pub. L. 102–363, Aug. 26, 1992, 106 Stat. 969, provided: treaty with the United States in 1993, and both ‘‘That the Congress approves the extension of non- United States investment in Romania and bilateral discriminatory treatment with respect to the products trade are increasing rapidly; of the Republic of Albania transmitted by the Presi- ‘‘(5) Romania has received most-favored-nation dent to the Congress on June 16, 1992.’’ treatment since 1993, and has been found by the President to be in full compliance with the freedom EXTENSION OF NONDISCRIMINATORY TREATMENT TO of emigration requirements under title IV of the PRODUCTS OF UNION OF SOVIET SOCIALIST REPUBLICS Trade Act of 1974 [19 U.S.C. 2431 et seq.]; Pub. L. 102–197, Dec. 9, 1991, 105 Stat. 1622, provided: ‘‘(6) Romania is a member of the World Trade Orga- ‘‘That the Congress approves the extension of non- nization and extension of unconditional most-fa- discriminatory treatment to the products of the Union vored-nation treatment to the products of Romania of Soviet Socialist Republics transmitted by the Presi- would enable the United States to avail itself of all dent to the Congress on October 9, 1991.’’ rights under the World Trade Organization with respect to Romania; and EXTENSION OF NONDISCRIMINATORY TREATMENT TO ‘‘(7) Romania has demonstrated a strong desire to PRODUCTS OF CZECHOSLOVAKIA AND HUNGARY build friendly relationships and to cooperate fully with the United States on trade matters. Pub. L. 102–182, §§ 1, 2, Dec. 4, 1991, 105 Stat. 1233, provided that: ‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO ROMANIA. ‘‘SECTION 1. CONGRESSIONAL FINDINGS AND PRE- ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF PARATORY PRESIDENTIAL ACTION. NONDISCRIMINATORY TREATMENT.—Notwithstanding any ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress finds provision of title IV of the Trade Act of 1974 (19 U.S.C. that the Czech and Slovak Federal Republic and the 2431 et seq.), the President may— Republic of Hungary both have— ‘‘(1) determine that such title should no longer ‘‘(1) dedicated themselves to respect for fundamen- apply to Romania; and tal human rights; ‘‘(2) after making a determination under paragraph ‘‘(2) accorded to their citizens the right to emigrate (1), proclaim the extension of nondiscriminatory and to travel freely; treatment (most-favored-nation treatment) to the ‘‘(3) reversed over 40 years of communist dictator- products of that country. ship and embraced the establishment of political plu- § 2434 TITLE 19—CUSTOMS DUTIES Page 624

ralism, free and fair elections, and multi-party politi- restoration of their independence from the Union of cal systems; Soviet Socialist Republics. ‘‘(4) introduced far-reaching economic reforms ‘‘(7) The Government of the United States estab- based on market-oriented principles and have decen- lished diplomatic relations with Estonia, Latvia, and tralized economic decisionmaking; and Lithuania on September 2, 1991, and on September 6, ‘‘(5) demonstrated a strong desire to build friendly 1991, the State Council of the transitional govern- relationships with the United States. ment of the Union of Soviet Socialist Republics rec- ‘‘(b) PREPARATORY PRESIDENTIAL ACTION.—The Con- ognized the independence of Estonia, Latvia, and gress notes that the President in anticipation of the en- Lithuania, thereby ending the involuntary incorpora- actment of section 2, has directed the United States tion of those countries into, and the domination of Trade Representative to negotiate with the Czech and those countries by, the Soviet Union. Slovak Federal Republic and the Republic of Hungary, ‘‘(8) Immediate action should be taken to remove respectively, in order to— the impediments, imposed in response to the circum- ‘‘(1) preserve the commitments of that country stances referred to in paragraph (5), in United States under the bilateral commercial agreement in effect trade laws to the extension of nondiscriminatory between that country and the United States that are treatment (most-favored-nation treatment) to the consistent with the General Agreement on Tariffs products of those countries. and Trade; and ‘‘(9) As a consequence of establishment of United ‘‘(2) obtain other appropriate commitments. States diplomatic relations with Estonia, Latvia, and ‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE Lithuania, these independent countries are eligible to IV OF THE TRADE ACT OF 1974 TO CZECHO- receive the benefits of the Generalized System of SLOVAKIA AND HUNGARY. Preferences provided for in title V of the Trade Act ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF of 1974 [19 U.S.C. 2461 et seq.]. NONDISCRIMINATORY TREATMENT.—Notwithstanding any ‘‘SEC. 102. EXTENSION OF NONDISCRIMINATORY provision of title IV of the Trade Act of 1974 (19 U.S.C. TREATMENT TO THE PRODUCTS OF ESTONIA, 2431 et seq.), the President may— LATVIA, AND LITHUANIA. ‘‘(1) determine that such title should no longer ‘‘(a) IN GENERAL.—Notwithstanding any provision of apply to the Czech and Slovak Federal Republic or to title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) the Republic of Hungary, or to both; and or any other provision of law, nondiscriminatory treat- ‘‘(2) after making a determination under paragraph ment (most-favored-nation treatment) applies to the (1) with respect to a country, proclaim the extension products of Estonia, Latvia, and Lithuania. of nondiscriminatory treatment (most-favored-nation ‘‘(b) CONFORMING TARIFF SCHEDULE AMENDMENTS.— treatment) to the products of that country. General Note 3(b) of the Harmonized Tariff Schedule of ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On the United States is amended by striking out ‘Estonia’, and after the effective date of the extension under sub- ‘Latvia’, and ‘Lithuania’. section (a)(2) of nondiscriminatory treatment to the ‘‘(c) EFFECTIVE DATE.—Subsection (a) and the amend- products of a country [Nondiscriminatory treatment ments made by subsection (b) apply with respect to extended Apr. 14, 1992, see Proc. No. 6419, listed in the goods entered, or withdrawn from warehouse for con- table of presidential documents below.], title IV of the sumption, on or after the 15th day after the date of the Trade Act of 1974 shall cease to apply to that country.’’ enactment of this Act [Dec. 4, 1991]. EXTENSION OF NONDISCRIMINATORY TREATMENT TO ‘‘SEC. 103. TERMINATION OF APPLICATION OF PRODUCTS OF ESTONIA, LATVIA, AND LITHUANIA TITLE IV OF THE TRADE ACT OF 1974 TO THE BALTICS. Pub. L. 102–182, title I, Dec. 4, 1991, 105 Stat. 1235, pro- ‘‘Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et vided that: seq.) shall cease to apply to Estonia, Latvia, and Lith- ‘‘SEC. 101. CONGRESSIONAL FINDINGS. uania effective as of the 15th day after the date of the ‘‘The Congress finds the following: enactment of this Act [Dec. 4, 1991]. ‘‘(1) The Government of the United States extended ‘‘SEC. 104. SENSE OF THE CONGRESS REGARDING full diplomatic recognition to Estonia, Latvia, and PROMPT PROVISION OF GSP TREATMENT TO Lithuania in 1922. THE PRODUCTS OF ESTONIA, LATVIA, AND ‘‘(2) The Government of the United States entered LITHUANIA. into agreements extending most-favored-nation ‘‘It is the sense of the Congress that the President treatment with the Government of Estonia on August should take prompt action under title V of the Trade 1, 1925, the Government of Latvia on April 30, 1926, Act of 1974 [19 U.S.C. 2461 et seq.] to provide pref- and the Government of Lithuania on July 10, 1926. ‘‘(3) The Union of Soviet Socialist Republics incor- erential tariff treatment to the products of Estonia, porated Estonia, Latvia, and Lithuania involuntarily Latvia, and Lithuania pursuant to the Generalized Sys- into the Union as a result of a secret protocol to a tem of Preferences.’’ German-Soviet agreement in 1939 which assigned EXTENSION OF NONDISCRIMINATORY TREATMENT TO those three states to the Soviet sphere of influence; PRODUCTS OF BULGARIA and the Government of the United States has at no time recognized the forcible incorporation of those Pub. L. 104–162, July 18, 1996, 110 Stat. 1414, provided states into the Union of Soviet Socialist Republics. that: ‘‘(4) The Trade Agreements Extension Act of 1951 ‘‘SECTION 1. CONGRESSIONAL FINDINGS AND SUP- [see Short Title of 1951 Amendment note set out PLEMENTAL ACTION. under section 1654 of this title] required the President ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress finds to suspend, withdraw, or prevent the application of that Bulgaria— trade benefits, including most-favored-nation treat- ‘‘(1) has received most-favored-nation treatment ment, to countries under the domination or control since 1991 and has been found to be in full compliance of the world Communist movement. with the freedom of emigration requirements under ‘‘(5) In 1951, responsible representatives of Estonia, title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.] Latvia, and Lithuania stated that they did not object since 1993; to the imposition of ‘such controls as the Govern- ‘‘(2) has reversed many years of Communist dicta- ment of the United States may consider to be appro- torship and instituted a constitutional republic ruled priate’ to the products of those countries, for such by a democratically elected government as well as time as those countries remained under Soviet domi- basic market-oriented reforms, including privatiza- nation or control. tion; ‘‘(6) In 1990, the democratically elected govern- ‘‘(3) is in the process of acceding to the General ments of Estonia, Latvia, and Lithuania declared the Agreement on Tariffs and Trade (GATT) and the Page 625 TITLE 19—CUSTOMS DUTIES § 2434

World Trade Organization (WTO), and extension of discriminatory treatment with respect to the products unconditional most-favored-nation treatment would of the Socialist Republic of Romania transmitted by enable the United States to avail itself of all rights the President to the Congress on April 25, 1975.’’ under the GATT and the WTO with respect to Bul- PRESIDENTIAL DOCUMENTS RELATING TO EXTENSION OF garia; and ‘‘(4) has demonstrated a strong desire to build NONDISCRIMINATORY TRADE TREATMENT friendly relationships and to cooperate fully with the AFGHANISTAN.—Proc. No. 7553, May 3, 2002, 67 F.R. United States on trade matters. 30535. ‘‘(b) SUPPLEMENTAL ACTION.—The Congress notes that Determination of President of the United States, No. the United States Trade Representative intends to ne- 93–3, Oct. 7, 1992, 57 F.R. 47557. gotiate with Bulgaria in order to preserve the commit- Proc. No. 5437, Jan. 31, 1986, 51 F.R. 4287. ments of that country under the bilateral commercial ALBANIA.—Proc. No. 7326, June 29, 2000, 65 F.R. 41547. agreement in effect between that country and the Determination of President of the United States, No. United States that are consistent with the GATT and 96–44, Aug. 27, 1996, 61 F.R. 45859. the WTO. Proc. No. 6445, June 15, 1992, 57 F.R. 26921. Determination of President of the United States, No. ‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE 92–33, June 15, 1992, 57 F.R. 28583. IV OF THE TRADE ACT OF 1974 TO BULGARIA. ARMENIA.—Proc. No. 7860, Jan. 7, 2005, 70 F.R. 2321. ‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF Determination of President of the United States, No. NONDISCRIMINATORY TREATMENT.—Notwithstanding any 96–47, Aug. 27, 1996, 61 F.R. 45865. provision of title IV of the Trade Act of 1974 (19 U.S.C. BELARUS.—Determination of President of the United 2431 et seq.), the President may— States, No. 96–15, Mar. 7, 1996, 61 F.R. 49935. ‘‘(1) determine that such title should no longer BULGARIA.—Proc. No. 6922, Sept. 27, 1996, 61 F.R. 51205. apply to Bulgaria; and Proc. No. 6307, June 24, 1991, 56 F.R. 29787. ‘‘(2) after making a determination under paragraph Determination of President of the United States, No. (1) with respect to Bulgaria, proclaim the extension 91–43, June 24, 1991, 56 F.R. 31037. of nondiscriminatory treatment (most-favored-nation CHINA.—Proc. No. 7516, Dec. 27, 2001, 67 F.R. 479. treatment) to the products of that country. Determination of President of the United States, No. ‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On 98–13, Jan. 30, 1998, 63 F.R. 5857. and after the effective date of the extension under sub- Determination of President of the United States, No. section (a)(2) of nondiscriminatory treatment to the 96–33, June 21, 1996, 61 F.R. 32631. products of Bulgaria [Nondiscriminatory treatment ex- Determination of President of the United States, No. tended Oct. 1, 1996, see Proc. No. 6922, listed in the table 92–12, Jan. 31, 1992, 57 F.R. 19077. of presidential documents below.], title IV of the Trade Memorandum of President of the United States, Dec. Act of 1974 shall cease to apply to that country.’’ 19, 1988, 53 F.R. 51217. Pub. L. 102–158, Nov. 13, 1991, 105 Stat. 1041, provided: Memorandum of President of the United States, Dec. ‘‘That the Congress approves the extension of non- 23, 1982, 47 F.R. 57653. discriminatory treatment to the products of the Peo- Proc. No. 4697, Oct. 23, 1979, 44 F.R. 61161. ple’s Republic of Bulgaria transmitted by the President CZECHOSLOVAKIA.—Proc. No. 6419, Apr. 10, 1992, 57 F.R. to the Congress on June 25, 1991.’’ 12865. Determination of President of the United States, No. EXTENSION OF NONDISCRIMINATORY TREATMENT TO 92–21, Apr. 10, 1992, 57 F.R. 12863. PRODUCTS OF MONGOLIAN PEOPLE’S REPUBLIC Proc. No. 6175, Sept. 6, 1990, 55 F.R. 37643. Pub. L. 102–157, Nov. 13, 1991, 105 Stat. 1040, provided: Memorandum of President of the United States, Sept. ‘‘That the Congress approves the extension of non- 6, 1990, 55 F.R. 39259. discriminatory treatment to the products of the Mon- GEORGIA.—Proc. No. 7389, Dec. 29, 2000, 66 F.R. 703. golian People’s Republic transmitted by the President Determination of President of the United States, No. to the Congress on June 25, 1991.’’ 96–49, Aug. 27, 1996, 61 F.R. 45869. HUNGARY.—Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865. EXTENSION OF NONDISCRIMINATORY TREATMENT TO Determination of President of the United States, No. PRODUCTS OF CZECHOSLOVAKIA 92–21, Apr. 10, 1992, 57 F.R. 12863. Pub. L. 101–541, Nov. 8, 1990, 104 Stat. 2380, provided: Determination of President of the United States, No. ‘‘That the Congress approves the extension of non- 90–27, June 22, 1990, 55 F.R. 25945. discriminatory treatment with respect to the products Determination of President of the United States, No. of Czechoslovakia transmitted by the President to the 87–15, June 23, 1987, 52 F.R. 23785. Congress on September 6, 1990.’’ Determination of President of the United States, No. 84–10, May 31, 1984, 49 F.R. 23025. AUTHORITY OF PRESIDENT TO DENY AND TO RESTORE Determination of President of the United States, No. NONDISCRIMINATORY TRADE TREATMENT TO PRODUCTS 81–9, June 2, 1981, 46 F.R. 29921. OF AFGHANISTAN OR TO DENY OR TO RESTORE CRED- Proc. No. 4560, Apr. 7, 1978, 43 F.R. 15125. ITS, ETC., TO AFGHANISTAN KAZAKHSTAN.—Determination of President of the United States, No. 96–16, Mar. 7, 1996, 61 F.R. 49937. Pub. L. 99–190, § 118, Dec. 19, 1985, 99 Stat. 1319, author- KYRGYZSTAN.—Proc. No. 7326, June 29, 2000, 65 F.R. ized President to deny nondiscriminatory (most-fa- 41547. vored-nation) trade treatment to the products of Af- Determination of President of the United States, No. ghanistan and to deny credit, credit guarantees, and in- 96–45, Aug. 27, 1996, 61 F.R. 45861. vestment guarantees to, or for the benefit of, Afghani- MOLDOVA.—Determination of President of the United stan under any Federal program, directed President, if States, No. 96–48, Aug. 27, 1996, 61 F.R. 45867. such treatment was not denied, to submit to Congress, MONGOLIA.—Proc. No. 7207, July 1, 1999, 64 F.R. 36549. 45 days after Dec. 19, 1985, a report with the reasons for Proc. No. 6308, June 24, 1991, 56 F.R. 29834. not denying such treatment, and authorized President, Determination of President of the United States, No. if such treatment was denied to restore nondiscrim- 91–44, June 24, 1991, 56 F.R. 31039. inatory trade treatment, and to extend credit, credit ROMANIA.—Proc. No. 6951, Nov. 7, 1996, 61 F.R. 58129. guarantees, and investment guarantees. Similar provi- Proc. No. 6577, July 2, 1993, 58 F.R. 36301. sions were contained in Pub. L. 99–190, § 101(i) [title V, Determination of President of the United States, No. § 552], Dec. 19, 1985, 99 Stat. 1291, 1314. 93–30, July 2, 1993, 58 F.R. 43785. Proc. No. 6449, June 22, 1992, 57 F.R. 28033. EXTENSION OF NONDISCRIMINATORY TREATMENT TO Determination of President of the United States, No. PRODUCTS OF SOCIALIST REPUBLIC OF ROMANIA 92–34, June 22, 1992, 57 F.R. 30099. S. Con. Res. 35, July 28, 1975, 89 Stat. 1202, provided: Determination of President of the United States, No. ‘‘That the Congress approves the extension of non- 90–28, July 3, 1990, 55 F.R. 27797. § 2435 TITLE 19—CUSTOMS DUTIES Page 626

Determination of President of the United States, No. (4) if the other party to the bilateral agree- 87–16, June 24, 1987, 52 F.R. 23931. ment is not a party to the Paris Convention Determination of President of the United States, No. for the Protection of Industrial Property, pro- 87–15, June 23, 1987, 52 F.R. 23785. Determination of President of the United States, No. vide rights for United States nationals with 84–10, May 31, 1984, 49 F.R. 23025. respect to patents and trademarks in such Determination of President of the United States, No. country not less than the rights specified in 81–9, June 2, 1981, 46 F.R. 29921. such convention; Proc. No. 4369, Apr. 24, 1975, 40 F.R. 18389. (5) if the other party to the bilateral agree- TAJIKISTAN.—Determination of President of the ment is not a party to the Universal Copyright United States, No. 97–7, Nov. 26, 1996, 61 F.R. 63695. Convention, provide rights for United States TURKMENISTAN.—Determination of President of the nationals with respect to copyrights in such United States, No. 97–5, Nov. 20, 1996, 61 F.R. 59303. UKRAINE.—Proc. No. 7995, Mar. 31, 2006, 71 F.R. 16969. country not less than the rights specified in Determination of President of the United States, No. such convention; 96–46, Aug. 27, 1996, 61 F.R. 45863. (6) in the case of an agreement entered into UNION OF SOVIET SOCIALIST REPUBLICS.—Proc. No. or renewed after January 3, 1975, provide ar- 6352, Oct. 9, 1991, 56 F.R. 51317. rangements for the protection of industrial Proc. No. 6320, Aug. 2, 1991, 56 F.R. 37407. rights and processes; Determination of President of the United States, No. (7) provide arrangements for the settlement 91–47, Aug. 2, 1991, 56 F.R. 40741. UZBEKISTAN.—Determination of President of the of commercial differences and disputes; United States, No. 97–6, Nov. 26, 1996, 61 F.R. 63693. (8) in the case of an agreement entered into VIETNAM.—Proc. No. 8096, Dec. 29, 2006, 72 F.R. 451. or renewed after January 3, 1975, provide ar- Determination of President of the United States, No. rangements for the promotion of trade, which 2005–11, Dec. 10, 2004, 69 F.R. 76587. may include arrangements for the establish- Proc. No. 7449, June 8, 2001, 66 F.R. 31375. ment or expansion of trade and tourist pro- Determination of President of the United States, No. motion offices, for facilitation of activities of 2001–18, June 8, 2001, 66 F.R. 34353. governmental commercial officers, participa- § 2435. Commercial agreements tion in trade fairs and exhibits, and the send- (a) Presidential authority ing of trade missions, and for facilitation of entry, establishment, and travel of commer- Subject to the provisions of subsections (b) cial representatives; and (c) of this section, the President may au- (9) provide for consultations for the purpose thorize the entry into force of bilateral commer- of reviewing the operation of the agreement cial agreements providing nondiscriminatory and relevant aspects of relations between the treatment to the products of countries here- United States and the other party; and tofore denied such treatment whenever he deter- (10) provide such other arrangements of a mines that such agreements with such countries commercial nature as will promote the pur- will promote the purposes of this chapter and poses of this chapter. are in the national interest. (c) Congressional action (b) Terms of agreements An agreement referred to in subsection (a) of Any such bilateral commercial agreement this section, and a proclamation referred to in shall— section 2434(a) of this title implementing such (1) be limited to an initial period specified in agreement, shall take effect only if a joint reso- the agreement which shall be no more than 3 lution described in section 2191(b)(3) of this title years from the date the agreement enters into that approves of the agreement referred to in force; except that it may be renewable for ad- subsection (a) of this section is enacted into law. ditional periods, each not to exceed 3 years; if— (Pub. L. 93–618, title IV, § 405, Jan. 3, 1975, 88 (A) a satisfactory balance of concessions in Stat. 2061; Pub. L. 96–39, title XI, § 1106(f)(3), July trade and services has been maintained dur- 26, 1979, 93 Stat. 312; Pub. L. 101–382, title I, ing the life of such agreement, and § 132(b)(1), Aug. 20, 1990, 104 Stat. 645.) (B) the President determines that actual REFERENCES IN TEXT or foreseeable reductions in United States tariffs and nontariff barriers to trade result- This chapter, referred to in subsecs. (a) and (b)(10), was in the original ‘‘this Act’’, meaning Pub. L. 93–618, ing from multilateral negotiations are satis- Jan. 3, 1975, 88 Stat. 1978, as amended, which is classi- factorily reciprocated by the other party to fied principally to this chapter. For complete classi- the bilateral agreement; fication of this Act to the Code, see References in Text (2) provide that it is subject to suspension or note set out under section 2101 of this title and Tables. termination at any time for national security AMENDMENTS reasons, or that the other provisions of such 1990—Subsec. (c). Pub. L. 101–382 amended subsec. (c) agreement shall not limit the rights of any generally. Prior to amendment, subsec. (c) read as fol- party to take any action for the protection of lows: ‘‘An agreement referred to in subsection (a) of its security interests; this section, and a proclamation referred to in section (3) include safeguard arrangements (A) pro- 2434(a) of this title implementing such agreement, shall viding for prompt consultations whenever ei- take effect only if (1) approved by the Congress by the ther actual or prospective imports cause or adoption of a concurrent resolution referred to in sec- threaten to cause, or significantly contribute tion 2191 of this title, or (2) in the case of an agreement entered into before January 3, 1975, and a proclamation to, market disruption and (B) authorizing the implementing such agreement, a resolution of dis- imposition of such import restrictions as may approval referred to in section 2192 of this title is not be appropriate to prevent such market disrup- adopted during the 90-day period specified by section tion; 2437(c)(2) of this title.’’ Page 627 TITLE 19—CUSTOMS DUTIES § 2436

1979—Subsec. (b)(8). Pub. L. 96–39 substituted ‘‘may (2) sections 2252 and 2253 of this title (as in include arrangements’’ for ‘‘may include those’’. effect on the day before the date of the enact- EFFECTIVE DATE OF 1979 AMENDMENT ment of such Act of 1988), rather than the provisions of part 1 of subchapter II of this chap- Amendment by Pub. L. 96–39 effective July 26, 1979, ter as amended by section 1401 of such Act of see section 1114 of Pub. L. 96–39, set out as an Effective Date note under section 2581 of this title. 1988, shall apply with respect to the taking of subsequent action, if any, by the President in § 2436. Market disruption response to such affirmative determination; (a) Investigation by International Trade Commis- except that— sion; report; publication (A) the President may take action under such sections 2252 and 2253 of this title only (1) Upon the filing of a petition by an entity with respect to imports from the country or described in section 2252(a) of this title, upon re- countries involved of the article with respect quest of the President or the United States to which the affirmative determination was Trade Representative, upon resolution of either made; and the Committee on Ways and Means of the House (B) if such action consists of, or includes, an of Representatives or the Committee on Finance orderly marketing agreement, such agreement of the Senate, or on its own motion, the Inter- shall be entered into within 60 days after the national Trade Commission (hereafter in this import relief determination date. section referred to as the ‘‘Commission’’) shall (c) Products of Communist countries promptly make an investigation to determine, with respect to imports of an article which is If, at any time, the President finds that there the product of a Communist country, whether are reasonable grounds to believe, with respect market disruption exists with respect to an arti- to imports of an article which is the product of cle produced by a domestic industry. a Communist country, that market disruption exists with respect to an article produced by a (2) The provisions of subsections (a)(3), (b)(4),1 domestic industry, he shall request the Commis- and (c)(4) of section 2252 of this title shall apply sion to initiate an investigation under sub- with respect to investigations by the Commis- section (a) of this section. If the President fur- sion under paragraph (1). ther finds that emergency action is necessary, (3) The Commission shall report to the Presi- he may take action under sections 2252 and 2253 dent its determination with respect to each in- of this title referred to in subsection (b) of this vestigation under paragraph (1) and the basis section as if an affirmative determination of the therefor and shall include in each report any Commission had been made under subsection (a) dissenting or separate views. If the Commission of this section. Any action taken by the Presi- finds, as a result of its investigation, that mar- dent under the preceding sentence shall cease to ket disruption exists with respect to an article apply (1) if a negative determination is made by produced by a domestic industry, it shall find the Commission under subsection (a) of this sec- the amount of the increase in, or imposition of, tion with respect to imports of such article, on any duty or other import restriction on such ar- the day on which the Commission’s report of ticle which is necessary to prevent or remedy such determination is submitted to the Presi- such market disruption and shall include such dent, or (2) if an affirmative determination is finding in its report to the President. The Com- made by the Commission under subsection (a) of mission shall furnish to the President a tran- this section with respect to imports of such arti- script of the hearings and any briefs which may cle, on the day on which the action taken by the have been submitted in connection with each in- President pursuant to such determination be- vestigation. comes effective. (4) The report of the Commission of its deter- (d) Petitions to initiate consultations as provided mination with respect to an investigation under for by safeguard arrangements paragraph (1) shall be made at the earliest practicable time, but not later than 3 months after (1) A petition may be filed with the President the date on which the petition is filed (or the by an entity described in section 2251(a)(1) of date on which the request or resolution is re- this title requesting the President to initiate ceived or the motion is adopted, as the case may consultations provided for by the safeguard ar- be). Upon making such report to the President, rangements of any agreement entered into the Commission shall also promptly make pub- under section 2435 of this title with respect to lic such report (with the exception of informa- imports of an article which is the product of the tion which the Commission determines to be country which is the other party to such agree- confidential) and shall cause a summary thereof ment. (2) If the President determines that there are to be published in the Federal Register. reasonable grounds to believe, with respect to (b) Affirmative determination imports of such article, that market disruption With respect to any affirmative determination exists with respect to an article produced by a of the Commission under subsection (a) of this domestic industry, he shall initiate consulta- section— tions with such country with respect to such im- (1) such determination shall be treated as an ports. affirmative determination made under section (e) Definitions; factors determining existence of 2251(b) of this title (as in effect on the day be- market disruption fore the date of the enactment of the Omnibus For purposes of this section— Trade and Competitiveness Act of 1988); and (1) The term ‘‘Communist country’’ means any country dominated or controlled by com- 1 See References in Text note below. munism. § 2437 TITLE 19—CUSTOMS DUTIES Page 628

(2)(A) Market disruption exists within a do- ‘‘(1) the President may take action under sections mestic industry whenever imports of an arti- 2252 and 2253 of this title only with respect to imports cle, like or directly competitive with an arti- from the country or countries involved of the article cle produced by such domestic industry, are with respect to which the affirmative determination was made, and increasing rapidly, either absolutely or rel- ‘‘(2) if such action consists of, or includes, an or- atively, so as to be a significant cause of ma- derly marketing agreement, such agreement shall be terial injury, or threat thereof, to such domes- entered into within 60 days after the import relief de- tic industry. termination date.’’ (B) For purposes of subparagraph (A): Subsec. (c). Pub. L. 100–418, § 1411(a)(2), inserted ‘‘re- (i) Imports of an article shall be considered ferred to in subsection (b) of this section’’ after ‘‘sec- to be increasing rapidly if there has been a tions 2252 and 2253 of this title’’. significant increase in such imports (either Subsec. (e)(2). Pub. L. 100–418, § 1411(a)(3), designated existing provisions as subpar. (A) and added subpars. actual or relative to domestic production) (B) and (C). during a recent period of time. (ii) The term ‘‘significant cause’’ refers to CHANGE OF NAME a cause which contributes significantly to ‘‘United States Trade Representative’’ substituted for the material injury of the domestic indus- ‘‘Special Representative for Trade Negotiations’’ in try, but need not be equal to or greater than subsec. (a)(1), pursuant to Reorg. Plan No. 3 of 1979, any other cause. § 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. (C) The Commission, in determining whether 2, 1980, 45 F.R. 993, set out as notes under section 2171 market disruption exists, shall consider, of this title. See, also, section 2171 of this title as among other factors— amended by Pub. L. 97–456. (i) the volume of imports of the merchan- EFFECTIVE DATE OF 1988 AMENDMENT dise which is the subject of the investigation; Section 1411(c) of Pub. L. 100–418 provided that: ‘‘The (ii) the effect of imports of the merchan- amendments made by subsections (a) and (b) [amending this section] apply with respect to investigations initi- dise on prices in the United States for like ated under section 406(a) of the Trade Act of 1974 [19 or directly competitive articles; U.S.C. 2436(a)] on or after the date of the enactment of (iii) the impact of imports of such mer- this Act [Aug. 23, 1988].’’ chandise on domestic producers of like or directly competitive articles; and § 2437. Procedure for Congressional approval or (iv) evidence of disruptive pricing prac- disapproval of extension of nondiscrim- tices, or other efforts to unfairly manage inatory treatment and Presidential reports trade patterns. (a) Transmission of nondiscriminatory treatment (Pub. L. 93–618, title IV, § 406, Jan. 3, 1975, 88 documents to Congress Stat. 2062; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Whenever the President issues a proclamation Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. under section 2434 of this title extending non- 100–418, title I, § 1411(a), (b), Aug. 23, 1988, 102 discriminatory treatment to the products of any Stat. 1241, 1242; Pub. L. 106–36, title I, § 1001(a)(6), foreign country, he shall promptly transmit to June 25, 1999, 113 Stat. 130.) the House of Representatives and to the Senate REFERENCES IN TEXT a document setting forth the proclamation and the agreement the proclamation proposes to im- Subsection (b)(4) of section 2252 of this title, referred plement, together with his reasons therefor. to in subsec. (a)(2), was repealed by Pub. L. 103–465, title III, § 301(c), Dec. 8, 1994, 108 Stat. 4932. See section (b) Transmission of freedom of emigration docu- 2252(b)(3) of this title. ments to Congress The date of the enactment of the Omnibus Trade and The President shall transmit to the House of Competitiveness Act of 1988, referred to in subsec. (b), is the date of enactment of Pub. L. 100–418, which was Representatives and the Senate a document con- approved Aug. 23, 1988. taining the initial report submitted by him Section 1401 of such Act of 1988, referred to in subsec. under section 2432(b) or 2439(b) of this title with (b)(2), is section 1401 of Pub. L. 100–418, known as the respect to a nonmarket economy country. On or Omnibus Trade and Competitiveness Act of 1988, which before December 31 of each year, the President enacted section 2254 of this title, amended sections 1330, shall transmit to the House of Representatives 2133, 2251 to 2253, 2274, 2354, and 2703 of this title, en- and the Senate, a document containing the re- acted a provision set out as a note under section 2251 of port required by section 2432(b) or 2439(b) of this this title, and amended a provision set out as a note under section 2112 of this title. title as the case may be, to be submitted on or before such December 31. AMENDMENTS (c) Effective date of proclamations and agree- 1999—Subsec. (e)(2)(B), (C). Pub. L. 106–36 realigned ments; disapproval of reports margins. 1988—Subsec. (a)(1). Pub. L. 100–418, § 1411(b)(1), sub- (1) In the case of a document referred to in stituted ‘‘section 2252(a)’’ for ‘‘section 2251(a)(1)’’. subsection (a) of this section, the proclamation Subsec. (a)(2). Pub. L. 100–418, § 1411(b)(2), substituted set forth in the document may become effective ‘‘subsections (a)(3), (b)(4), and (c)(4) of section 2252’’ for and the agreement set forth in the document ‘‘subsections (a)(2), (b)(3), and (c) of section 2251’’. may enter into force and effect only if a joint Subsec. (b). Pub. L. 100–418, § 1411(a)(1), amended sub- resolution described in section 2191(b)(3) of this sec. (b) generally. Prior to amendment, subsec. (b) read title that approves of the extension of non- as follows: ‘‘For purposes of sections 2252 and 2253 of this title, an affirmative determination of the Commis- discriminatory treatment to the products of the sion under subsection (a) of this section shall be treat- country concerned is enacted into law. ed as an affirmative determination under section (2) In the case of a document referred to in 2251(b) of this title, except that— subsection (b) of this section which contains a Page 629 TITLE 19—CUSTOMS DUTIES § 2439 report submitted by the President under section such 90-day period or the last day of the 15-day period 2432(b) or 2439(b) of this title with respect to a (excluding any day described in section 2194(b) of this nonmarket economy country, if, before the close title) beginning on the date the Congress receives the of the 90-day period beginning on the day on veto message from the President.’’ Former par. (2) related to effective date of proclamation extending non- which such document is delivered to the House discriminatory treatment to products of a foreign of Representatives and to the Senate, a joint country and of agreement proclamation proposed to resolution described in section 2192(a)(1)(B) of implement and related to resolution of disapproval of this title is enacted into law that disapproves of such extension as to certain countries. the report submitted by the President with re- Subsec. (c)(3). Pub. L. 101–382, § 132(b)(3)(B), redesig- spect to such country, then, beginning with the nated par. (3) as (2). day after the end of the 60-day period beginning 1988—Subsec. (c)(3). Pub. L. 100–418 substituted ‘‘Har- with the date of the enactment of such resolu- monized Tariff Schedule of the United States’’ for ‘‘Tariff Schedules of the United States’’. tion of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the EFFECTIVE DATE OF 1988 AMENDMENT products of such country, and the products of Amendment by Pub. L. 100–418 effective Jan. 1, 1989, such country shall be dutiable at the rates set and applicable with respect to articles entered on or forth in rate column numbered 2 of the Har- after such date, see section 1217(b)(1) of Pub. L. 100–418, monized Tariff Schedule of the United States, set out as an Effective Date note under section 3001 of (B) such country may not participate in any pro- this title. gram of the Government of the United States § 2438. Payment by Czechoslovakia of amounts which extends credit or credit guarantees or in- owed United States citizens and nationals vestment guarantees, and (C) no commercial agreement may thereafter be concluded with (a) Renegotiation of 1974 agreement such country under this subchapter. If the Presi- The arrangement initialed on July 5, 1974, dent vetoes the joint resolution, the joint reso- with respect to the settlement of the claims of lution shall be treated as enacted into law be- citizens and nationals of the United States fore the end of the 90-day period under this para- against the Government of Czechoslovakia shall graph if both Houses of Congress vote to over- be renegotiated and shall be submitted to the ride such veto on or before the later of the last Congress as part of any agreement entered into day of such 90-day period or the last day of the under this subchapter with Czechoslovakia. 15-day period (excluding any day described in (b) Provisional retention of gold section 2194(b) of this title) beginning on the date the Congress receives the veto message The United States shall not release any gold from the President. belonging to Czechoslovakia and controlled directly or indirectly by the United States pursu- (Pub. L. 93–618, title IV, § 407, Jan. 3, 1975, 88 ant to the provisions of the Paris Reparations Stat. 2063; Pub. L. 100–418, title I, § 1214(j)(4), Agreement of January 24, 1946, or otherwise, Aug. 23, 1988, 102 Stat. 1158; Pub. L. 101–382, title until such agreement has been approved by the I, § 132(b)(3), (c)(1), Aug. 20, 1990, 104 Stat. 646.) Congress. REFERENCES IN TEXT (Pub. L. 93–618, title IV, § 408, Jan. 3, 1975, 88 The Harmonized Tariff Schedule of the United States, Stat. 2064.) referred to in subsec. (c)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set § 2439. Freedom to emigrate to join a very close out under section 1202 of this title. relative in United States

AMENDMENTS (a) Sanctions for emigration restrictions 1990—Subsec. (c)(1). Pub. L. 101–382, § 132(b)(3)(A), To assure the continued dedication of the added par. (1) and struck out former par. (1) which read United States to the fundamental human rights as follows: ‘‘In the case of a document referred to in and welfare of its own citizens, and notwith- subsection (a) of this section (other than a document to standing any other provision of law, on or after which paragraph (2) applies), the proclamation set January 3, 1975, no nonmarket economy country forth therein may become effective and the agreement shall participate in any program of the Govern- set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, ment of the United States which extends credits by an affirmative vote of a majority of those present or credit guarantees or investment guarantees, and voting in each House, a concurrent resolution of directly or indirectly, and the President of the approval (under the procedures set forth in section 2191 United States shall not conclude any commer- of this title) of the extension of nondiscriminatory cial agreement with any such country, during treatment to the products of the country concerned.’’ the period beginning with the date on which the Subsec. (c)(2). Pub. L. 101–382 struck out par. (2) and President determines that such country— redesignated par. (3) as (2), and substituted ‘‘a joint res- (1) denies its citizens the right or oppor- olution described in section 2192(a)(1)(B) of this title is enacted into law that disapproves’’ for ‘‘either the tunity to join permanently through emigra- House of Representatives or the Senate adopts, by an tion, a very close relative in the United affirmative vote of a majority of those present and vot- State,1 such as a spouse, parent, child, broth- ing in that House, a resolution of disapproval (under er, or sister; the procedures set forth in section 2192 of this title)’’ (2) imposes more than a nominal tax on the and ‘‘the end of the 60-day period beginning with the visas or other documents required for emigra- date of the enactment’’ for ‘‘the date of the adoption’’ tion described in paragraph (1); or and inserted at end ‘‘If the President vetoes the joint (3) imposes more than a nominal tax, levy, resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under fine, fee, or other charge on any citizen as a this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of 1 So in original. § 2440 TITLE 19—CUSTOMS DUTIES Page 630

consequence of the desire of such citizen to PART 2—RELIEF FROM MARKET DISRUPTION TO emigrate as described in paragraph (1), INDUSTRIES AND DIVERSION OF TRADE TO THE and ending on the date on which the President UNITED STATES MARKET determines that such country is no longer in TERMINATION OF PART violation of paragraph (1), (2), or (3). For termination of this part effective 12 years (b) Report to Congress concerning emigration after Dec. 11, 2001, see section 2451b(c) of this policies title. After January 3, 1975, (A) a nonmarket economy country may participate in any program of § 2451. Action to address market disruption the Government of the United States which ex- (a) Presidential action tends credits or credit guarantees or investment If a product of the People’s Republic of China guarantees, and (B) the President may conclude is being imported into the United States in such a commercial agreement with such country, increased quantities or under such conditions as only after the President has submitted to the to cause or threaten to cause market disruption Congress a report indicating that such country to the domestic producers of a like or directly is not in violation of paragraph (1), (2), or (3) of competitive product, the President shall, in ac- subsection (a) of this section. Such report with cordance with the provisions of this section, respect to such country shall include informa- proclaim increased duties or other import re- tion as to the nature and implementation of its strictions with respect to such product, to the laws and policies and restrictions or discrimina- extent and for such period as the President con- tion applied to or against persons wishing to siders necessary to prevent or remedy the mar- emigrate to the United States to join close rel- ket disruption. atives. The report required by this subsection shall be submitted initially as provided herein (b) Initiation of an investigation and, with current information, on or before each (1) Upon the filing of a petition by an entity June 30 and December 31 thereafter, so long as described in section 2252(a) of this title, upon such credits or guarantees are extended or such the request of the President or the United agreement is in effect. States Trade Representative (in this part re- (c) Exemption from application of section ferred to as the ‘‘Trade Representative’’), upon This section shall not apply to any country resolution of either the Committee on Ways and the products of which are eligible for the rates Means of the House of Representatives, or the set forth in rate column numbered 1 of the Tar- Committee on Finance of the Senate (in this iff Schedules of the United States on January 3, part referred to as the ‘‘Committees’’) or on its 1975. own motion, the United States International Trade Commission (in this part referred to as (d) Additional exemption from application of sec- the ‘‘Commission’’) shall promptly make an in- tion vestigation to determine whether products of During any period that a waiver is in effect the People’s Republic of China are being im- with respect to any nonmarket economy coun- ported into the United States in such increased try under section 2432(c) of this title, the provi- quantities or under such conditions as to cause sions of subsections (a) and (b) of this section or threaten to cause market disruption to the shall not apply with respect to such country. domestic producers of like or directly competi- (Pub. L. 93–618, title IV, § 409, Jan. 3, 1975, 88 tive products. Stat. 2064.) (2) The limitations on investigations set forth in section 2252(h)(1) of this title shall apply to REFERENCES IN TEXT investigations conducted under this section. The Tariff Schedules of the United States, referred to (3) The provisions of subsections (a)(8) and (i) in subsec. (c), to be treated as a reference to the Har- monized Tariff Schedule, pursuant to section 3012 of of section 2252 of this title, relating to treat- this title. The Harmonized Tariff Schedule is not set ment of confidential business information, shall out in the Code. See Publication of Harmonized Tariff apply to investigations conducted under this Schedule note set out under section 1202 of this title. section. (4) Whenever a petition is filed, or a request or DELEGATION OF FUNCTIONS resolution is received, under this subsection, the For delegation of congressional reporting functions Commission shall transmit a copy thereof to the of President under subsec. (b) of this section, see sec- President, the Trade Representative, the Com- tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The Presi- mittee on Ways and Means of the House of Rep- dent. resentatives, and the Committee on Finance of the Senate, except that in the case of confiden- § 2440. Repealed. Pub. L. 104–295, § 17, Oct. 11, tial business information, the copy may include 1996, 110 Stat. 3524 only nonconfidential summaries of such infor- Section, Pub. L. 93–618, title IV, § 410, Jan. 3, 1975, 88 mation. Stat. 2065, related to establishment and maintenance of (5) The Commission shall publish notice of the East-West Trade Statistics Monitoring System. commencement of any proceeding under this subsection in the Federal Register and shall, § 2441. Repealed. Pub. L. 105–362, title XIV, within a reasonable time thereafter, hold public § 1401(b)(2), Nov. 10, 1998, 112 Stat. 3294; Pub. hearings at which the Commission shall afford L. 106–36, title I, § 1001(a)(4), June 25, 1999, interested parties an opportunity to be present, 113 Stat. 130 to present evidence, to respond to the presen- Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 tations of other parties, and otherwise to be Stat. 2065, related to East-West Foreign Trade Board. heard. Page 631 TITLE 19—CUSTOMS DUTIES § 2451

(c) Market disruption the Commission shall submit a report to the (1) For purposes of this section, market dis- President and the Trade Representative. ruption exists whenever imports of an article (2) The Commission shall include in the report like or directly competitive with an article pro- required under paragraph (1) the following: duced by a domestic industry are increasing rap- (A) The determination made under sub- idly, either absolutely or relatively, so as to be section (b) of this section and an explanation a significant cause of material injury, or threat of the basis for the determination. of material injury, to the domestic industry. (B) If the determination under subsection (b) (2) For purposes of paragraph (1), the term of this section is affirmative, or may be con- ‘‘significant cause’’ refers to a cause which considered by the President or the Trade Rep- tributes significantly to the material injury of resentative as affirmative under subsection (e) the domestic industry, but need not be equal to of this section, the recommendations of the or greater than any other cause. Commission on proposed remedies under sub- (d) Factors in determination section (f) of this section and an explanation of the basis for each recommendation. In determining whether market disruption exists, the Commission shall consider objective (C) Any dissenting or separate views by factors, including— members of the Commission regarding the de- (1) the volume of imports of the product termination and any recommendation referred which is the subject of the investigation; to in subparagraphs (A) and (B). (2) the effect of imports of such product on (D) A description of— prices in the United States for like or directly (i) the short- and long-term effects that competitive articles; and implementation of the action recommended (3) the effect of imports of such product on under subsection (f) of this section is likely the domestic industry producing like or di- to have on the petitioning domestic indus- rectly competitive articles. try, on other domestic industries, and on consumers; and The presence or absence of any factor under (ii) the short- and long-term effects of not paragraph (1), (2), or (3) is not necessarily dispositive of whether market disruption exists. taking the recommended action on the petitioning domestic industry, its workers, and (e) Time for Commission determinations the communities where production facilities The Commission shall make and transmit to of such industry are located, and on other the President and the Trade Representative its domestic industries. determination under subsection (b)(1) of this section at the earliest practicable time, but in (3) The Commission, after submitting a report no case later than 60 days (or 90 days in the case to the President under paragraph (1), shall of a petition requesting relief under subsection promptly make it available to the public (but (i) of this section) after the date on which the shall not include confidential business informa- petition is filed, the request or resolution is re- tion) and cause a summary thereof to be pub- ceived, or the motion is adopted, under sub- lished in the Federal Register. section (b) of this section. If the Commissioners (h) Opportunity to present views and evidence voting are equally divided with respect to its de- on proposed measure and recommendation termination, then the determination agreed to the President upon by either group of Commissioners may be (1) Within 20 days after receipt of the Commis- considered by the President and the Trade Rep- sion’s report under subsection (g) of this section resentative as the determination of the Commis- (or 15 days in the case of an affirmative prelimi- sion. nary determination under subsection (i)(1)(B) of (f) Recommendations of Commission on pro- this section), the Trade Representative shall posed remedies publish in the Federal Register notice of any If the Commission makes an affirmative deter- measure proposed by the Trade Representative mination under subsection (b) of this section, or to be taken pursuant to subsection (a) of this a determination which the President or the section and of the opportunity, including a pub- Trade Representative may consider as affirma- lic hearing, if requested, for importers, export- tive under subsection (e) of this section, the ers, and other interested parties to submit their Commission shall propose the amount of in- views and evidence on the appropriateness of the crease in, or imposition of, any duty or other proposed measure and whether it would be in the import restrictions necessary to prevent or rem- public interest. edy the market disruption. Only those members (2) Within 55 days after receipt of the report of the Commission who agreed to the affirma- under subsection (g) of this section (or 35 days in tive determination under subsection (b) of this the case of an affirmative preliminary deter- section are eligible to vote on the proposed ac- mination under subsection (i)(1)(B) of this section to prevent or remedy market disruption. tion), the Trade Representative, taking into ac- Members of the Commission who did not agree count the views and evidence received under to the affirmative determination may submit, in paragraph (1) on the measure proposed by the the report required under subsection (g) of this Trade Representative, shall make a recom- section, separate views regarding what action, if mendation to the President concerning what ac- any, should be taken to prevent or remedy mar- tion, if any, to take to prevent or remedy the ket disruption. market disruption. (g) Report by Commission (i) Critical circumstances (1) Not later than 20 days after a determina- (1) When a petition filed under subsection (b) tion under subsection (b) of this section is made, of this section alleges that critical circum- § 2451 TITLE 19—CUSTOMS DUTIES Page 632 stances exist and requests that provisional relief section (a) of this section, upon a decision by be provided under this subsection with respect the President not to provide such relief, or upon to the product identified in the petition, the a negative determination by the Commission Commission shall, not later than 45 days after under subsection (b) of this section. the petition containing the request is filed— (j) Agreements with the People’s Republic of (A) determine whether delay in taking ac- China tion under this section would cause damage to the relevant domestic industry which would be (1) The Trade Representative is authorized to difficult to repair; and enter into agreements for the People’s Republic (B) if the determination under subparagraph of China to take such action as necessary to pre- (A) is affirmative, make a preliminary deter- vent or remedy market disruption, and should mination of whether imports of the product seek to conclude such agreements before the ex- which is the subject of the investigation have piration of the 60-day consultation period pro- caused or threatened to cause market disrup- vided for under the product-specific safeguard tion. provision of the Protocol of Accession of the People’s Republic of China to the WTO, which If the Commissioners voting are equally divided shall commence not later than 5 days after the with respect to either of its determinations, then the determination agreed upon by either Trade Representative receives an affirmative de- group of Commissioners may be considered by termination provided for in subsection (e) of this the President and the Trade Representative as section or a determination which the Trade Rep- the determination of the Commission. resentative considers to be an affirmative deter- (2) On the date on which the Commission com- mination pursuant to subsection (e) of this sec- pletes its determinations under paragraph (1), tion. the Commission shall transmit a report on the (2) If no agreement is reached with the Peo- determinations to the President and the Trade ple’s Republic of China pursuant to consulta- Representative, including the reasons for its de- tions under paragraph (1), or if the President determinations. If the determinations under para- termines than 1 an agreement reached pursuant graph (1) are affirmative, or may be considered to such consultations is not preventing or rem- by the President or the Trade Representative as edying the market disruption at issue, the affirmative under paragraph (1), the Commission President shall provide import relief in accord- shall include in its report its recommendations ance with subsection (a) of this section. on proposed provisional measures to be taken to (k) Standard for Presidential action prevent or remedy the market disruption. Only (1) Within 15 days after receipt of a recom- those members of the Commission who agreed to mendation from the Trade Representative under the affirmative determinations under paragraph subsection (h) of this section on the appropriate (1) are eligible to vote on the proposed provi- action, if any, to take to prevent or remedy the sional measures to prevent or remedy market market disruption, the President shall provide disruption. Members of the Commission who did import relief for such industry pursuant to sub- not agree to the affirmative determinations may section (a) of this section, unless the President submit, in the report, dissenting or separate determines that provision of such relief is not in views regarding the determination and any rec- the national economic interest of the United ommendation of provisional measures referred States or, in extraordinary cases, that the tak- to in this paragraph. ing of action pursuant to subsection (a) of this (3) If the determinations under paragraph (1) section would cause serious harm to the na- are affirmative, or may be considered by the tional security of the United States. President or the Trade Representative as affirm- (2) The President may determine under para- ative under paragraph (1), the Trade Representa- graph (1) that providing import relief is not in tive shall, within 10 days after receipt of the the national economic interest of the United Commission’s report, determine the amount or States only if the President finds that the tak- extent of provisional relief that is necessary to ing of such action would have an adverse impact prevent or remedy the market disruption and on the United States economy clearly greater shall provide a recommendation to the Presi- than the benefits of such action. dent on what provisional measures, if any, to take. (l) Publication of decision and reports (4)(A) The President shall determine whether (1) The President’s decision, including the rea- to provide provisional relief and proclaim such sons therefor and the scope and duration of any relief, if any, within 10 days after receipt of the action taken, shall be published in the Federal recommendation from the Trade Representative. Register. (B) Such relief may take the form of— (2) The Commission shall promptly make pub- (i) the imposition of or increase in any duty; lic any report transmitted under this section, (ii) any modification, or imposition of any but shall not make public any information quantitative restriction on the importation of which the Commission determines to be con- an article into the United States; or fidential, and shall publish notice of such report (iii) any combination of actions under in the Federal Register. clauses (i) and (ii). (m) Effective date of relief (C) Any provisional action proclaimed by the President pursuant to a determination of criti- Import relief under this section shall take ef- cal circumstances shall remain in effect not fect not later than 15 days after the President’s more than 200 days. determination to provide such relief. (D) Provisional relief shall cease to apply upon the effective date of relief proclaimed under sub- 1 So in original. Probably should be ‘‘that’’. Page 633 TITLE 19—CUSTOMS DUTIES § 2451a

(n) Modifications of relief tocol of Accession of the People’s Republic of (1) At any time after the end of the 6-month China to the World Trade Organization, the period beginning on the date on which relief Trade Representative shall inform the United under subsection (m) of this section first takes States Customs Service, which shall monitor effect, the President may request that the Com- imports into the United States of those products mission provide a report on the probable effect of Chinese origin that are the subject of the consultation request. Data from such monitoring of the modification, reduction, or termination of shall promptly be made available to the Com- the relief provided on the relevant industry. The mission upon request by the Commission. Commission shall transmit such report to the President within 60 days of the request. (b) Initiation of investigation (2) The President may, after receiving a report (1) Upon the filing of a petition by an entity from the Commission under paragraph (1), take described in section 2252(a) of this title, upon such action to modify, reduce, or terminate re- the request of the President or the Trade Rep- lief that the President determines is necessary resentative, upon resolution of either of the to continue to prevent or remedy the market Committees, or on its own motion, the Commis- disruption at issue. sion shall promptly make an investigation to (3) Upon the granting of relief under sub- determine whether an action described in subsection (k) of this section, the Commission shall section (c) of this section has caused, or threat- collect such data as is necessary to allow it to ens to cause, a significant diversion of trade respond rapidly to a request by the President into the domestic market of the United States. under paragraph (1). (2) The Commission shall publish notice of the o commencement of any proceeding under this ( ) Extension of action subsection in the Federal Register and shall, (1) Upon request of the President, or upon peti- within a reasonable time thereafter, hold public tion on behalf of the industry concerned filed hearings at which the Commission shall afford with the Commission not earlier than the date interested parties an opportunity to be present, which is 9 months, and not later than the date to present evidence, to respond to the presen- which is 6 months, before the date any relief tations of other parties, and otherwise to be provided under subsection (k) of this section is heard. to terminate, the Commission shall investigate (3) The provisions of subsections (a)(8) and (i) to determine whether action under this section of section 2252 of this title, relating to treat- continues to be necessary to prevent or remedy ment of confidential business information, shall market disruption. apply to investigations conducted under this (2) The Commission shall publish notice of the section. commencement of any proceeding under this (c) Actions described subsection in the Federal Register and shall, An action is described in this subsection if it within a reasonable time thereafter, hold a pub- is an action— lic hearing at which the Commission shall afford (1) by the People’s Republic of China to pre- interested parties and consumers an opportunity vent or remedy market disruption in a WTO to be present, to present evidence, and to re- member other than the United States; spond to the presentations of other parties and (2) by a WTO member other than the United consumers, and otherwise to be heard. States to withdraw concessions under the (3) The Commission shall transmit to the WTO Agreement or otherwise to limit imports President a report on its investigation and de- to prevent or remedy market disruption; termination under this subsection not later than (3) by a WTO member other than the United 60 days before the action under subsection (m) of States to apply a provisional safeguard within this section is to terminate. the meaning of the product-specific safeguard (4) The President, after receiving an affirma- provision of the Protocol of Accession of the tive determination from the Commission under People’s Republic of China to the WTO; or paragraph (3), may extend the effective period of (4) any combination of actions described in any action under this section if the President paragraphs (1) through (3). determines that the action continues to be nec- (d) Basis for determination of significant diver- essary to prevent or remedy the market disrup- sion tion. (1) In determining whether significant diver- (Pub. L. 93–618, title IV, § 421, as added Pub. L. sion or the threat thereof exists for purposes of 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 this section, the Commission shall take into ac- Stat. 882; amended Pub. L. 108–429, title II, count, to the extent such evidence is reasonably § 2004(d)(3), Dec. 3, 2004, 118 Stat. 2592.) available— (A) the monitoring conducted under sub- AMENDMENTS section (a) of this section; 2004—Subsec. (b)(1). Pub. L. 108–429 made technical (B) the actual or imminent increase in amendment to references in original act which appear United States market share held by such im- in text as references to ‘‘this part’’. ports from the People’s Republic of China; (C) the actual or imminent increase in vol- § 2451a. Action in response to trade diversion ume of such imports into the United States; (D) the nature and extent of the action (a) Monitoring by Customs Service taken or proposed by the WTO member con- In any case in which a WTO member other cerned; than the United States requests consultations (E) the extent of exports from the People’s with the People’s Republic of China under the Republic of China to that WTO member and to product-specific safeguard provision of the Pro- the United States; § 2451a TITLE 19—CUSTOMS DUTIES Page 634

(F) the actual or imminent changes in ex- to the President and the Trade Representa- ports to that WTO member due to the action tive. taken or proposed; (B) The Commission shall include in the re- (G) the actual or imminent diversion of export required under subparagraph (A) the fol- ports from the People’s Republic of China to lowing: countries other than the United States; (i) The determination made under sub- (H) cyclical or seasonal trends in import vol- section (b) of this section and an explanation umes into the United States of the products at of the basis for the determination. issue; and (ii) If the determination under subsection (I) conditions of demand and supply in the (b) of this section is affirmative, or may be United States market for the products at considered by the President or the Trade issue. Representative as affirmative under subsection (e)(1) of this section, the recom- The presence or absence of any factor under any mendations of the Commission on increased of subparagraphs (A) through (I) is not nec- tariffs or other import restrictions to be im- essarily dispositive of whether a significant di- posed to prevent or remedy the trade diver- version of trade or the threat thereof exists. sion or threat thereof, and explanations of (2) For purposes of making its determination, the bases for such recommendations. Only the Commission shall examine changes in im- those members of the Commission who ports into the United States from the People’s agreed to the affirmative determination Republic of China since the time that the WTO under subsection (b) of this section are eligi- member commenced the investigation that led ble to vote on the proposed action to prevent to a request for consultations described in sub- or remedy the trade diversion or threat section (a) of this section. thereof. (3) If more than one action by a WTO member (iii) Any dissenting or separate views by or WTO members against a particular product is members of the Commission regarding the identified in the petition, request, or resolution determination and any recommendation re- under subsection (b) of this section or during the ferred to in clauses (i) and (ii). investigation, the Commission may cumula- (iv) A description of— tively assess the actual or likely effects of such (I) the short- and long-term effects that actions jointly in determining whether a signifi- implementation of the action rec- cant diversion of trade or threat thereof exists. ommended under clause (ii) is likely to (e) Commission determination; agreement au- have on the petitioning domestic industry, thority on other domestic industries, and on con- (1) The Commission shall make and transmit sumers; and (II) the short- and long-term effects of to the President and the Trade Representative not taking the recommended action on the its determination under subsection (b) of this petitioning domestic industry, its workers section at the earliest practicable time, but in and the communities where production fa- no case later than 45 days after the date on cilities of such industry are located, and which the petition is filed, the request or resolu- on other domestic industries. tion is received, or the motion is adopted, under subsection (b) of this section. If the Commis- (C) The Commission, after submitting a re- sioners voting are equally divided with respect port to the President under subparagraph (A), to its determination, then the determination shall promptly make it available to the public agreed upon by either group of Commissioners (with the exception of confidential business in- may be considered by the President and the formation) and cause a summary thereof to be Trade Representative as the determination of published in the Federal Register. the Commission. (f) Public comment (2) The Trade Representative is authorized to If consultations fail to lead to an agreement enter into agreements with the People’s Repub- with the People’s Republic of China or the WTO lic of China or the other WTO members con- member concerned within 60 days, the Trade cerned to take such action as necessary to pre- Representative shall promptly publish notice in vent or remedy significant trade diversion or the Federal Register of any proposed action to threat thereof into the domestic market of the prevent or remedy the trade diversion, and pro- United States, and should seek to conclude such vide an opportunity for interested persons to agreements before the expiration of the 60-day present views and evidence on whether the pro- consultation period provided for under the prod- posed action is in the public interest. uct-specific safeguard provision of the Protocol (g) Recommendation to the President of Accession of the People’s Republic of China to the WTO, which shall commence not later than Within 20 days after the end of consultations 5 days after the Trade Representative receives pursuant to subsection (e) of this section, the an affirmative determination provided for in Trade Representative shall make a recom- paragraph (1) or a determination which the mendation to the President on what action, if Trade Representative considers to be an affirma- any, should be taken to prevent or remedy the tive determination pursuant to paragraph (1). trade diversion or threat thereof. (3) REPORT BY COMMISSION.— (h) Presidential action (A) Not later than 10 days after a determina- Within 20 days after receipt of the recom- tion under subsection (b) of this section,1 is mendation from the Trade Representative, the made, the Commission shall transmit a report President shall determine what action to take to prevent or remedy the trade diversion or 1 So in original. The comma probably should not appear. threat thereof. Page 635 TITLE 19—CUSTOMS DUTIES § 2461

(i) Duration of action REFERENCES IN TEXT Action taken under subsection (h) of this sec- The date of entry into force of the Protocol of Acces- tion shall be terminated not later than 30 days sion of the People’s Republic of China to the WTO, re- after expiration of the action taken by the WTO ferred to in subsec. (c), is Dec. 11, 2001. member or members involved against imports CODIFICATION from the People’s Republic of China. Part, referred to in subsecs. (a) and (c), was in the (j) Review of circumstances original ‘‘subtitle’’ which was translated as reading The Commission shall review the continued ‘‘chapter’’, meaning chapter 2 of title IV of Pub. L. need for action taken under subsection (h) of 93–618, as added, which enacted this part, to reflect the this section if the WTO member or members in- probable intent of Congress, because title IV of Pub. L. 93–618 contains no subtitles. volved notify the Committee on Safeguards of the WTO of any modification in the action SUBCHAPTER V—GENERALIZED SYSTEM taken by them against the People’s Republic of OF PREFERENCES China pursuant to consultation referred to in subsection (a) of this section. The Commission § 2461. Authority to extend preferences shall, not later than 60 days after such notifica- The President may provide duty-free treat- tion, determine whether a significant diversion ment for any eligible article from any bene- of trade continues to exist and report its deter- ficiary developing country in accordance with mination to the President. The President shall the provisions of this subchapter. In taking any determine, within 15 days after receiving the such action, the President shall have due regard Commission’s report, whether to modify, with- for— draw, or keep in place the action taken under (1) the effect such action will have on fur- subsection (h) of this section. thering the economic development of develop- (Pub. L. 93–618, title IV, § 422, as added Pub. L. ing countries through the expansion of their 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 exports; Stat. 887; amended Pub. L. 108–429, title II, (2) the extent to which other major devel- § 2004(d)(4), Dec. 3, 2004, 118 Stat. 2592.) oped countries are undertaking a comparable AMENDMENTS effort to assist developing countries by granting generalized preferences with respect to im- 2004—Subsec. (j). Pub. L. 108–429 struck out par. (1) ports of products of such countries; designation before ‘‘The Commission shall review’’. (3) the anticipated impact of such action on TRANSFER OF FUNCTIONS United States producers of like or directly For transfer of functions, personnel, assets, and li- competitive products; and abilities of the United States Customs Service of the (4) the extent of the beneficiary developing Department of the Treasury, including functions of the country’s competitiveness with respect to eli- Secretary of the Treasury relating thereto, to the Sec- gible articles. retary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and (Pub. L. 93–618, title V, § 501, as added Pub. L. 557 of Title 6, Domestic Security, and the Department 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. of Homeland Security Reorganization Plan of Novem- 1917.) ber 25, 2002, as modified, set out as a note under section 542 of Title 6. PRIOR PROVISIONS A prior section 2461, Pub. L. 93–618, title V, § 501, Jan. § 2451b. Regulations; termination of provision 3, 1975, 88 Stat. 2066; Pub. L. 98–573, title V, § 502, Oct. (a) To carry out restrictions and monitoring 30, 1984, 98 Stat. 3018, related to authority to extend preferences, prior to the general amendment of this The President shall by regulation provide for subchapter by Pub. L. 104–188. the efficient and fair administration of any restriction proclaimed pursuant to the 1 part and EFFECTIVE DATE to provide for effective monitoring of imports Section 1953 of Pub. L. 104–188 provided that: under section 2451a(a) of this title. ‘‘(a) IN GENERAL.—The amendments made by this sub- (b) To carry out agreements title [subtitle J (§§ 1951–1954) of title I of Pub. L. 104–188, enacting this subchapter, amending sections 2702, 3011, To carry out an agreement concluded pursuant 3202, 3331, and 3551 of this title, section 1444–2 of Title to consultations under section 2451(j) or 7, Agriculture, section 4711 of Title 15, Commerce and 2451a(e)(2) of this title, the President is author- Trade, sections 262p–4p and 2191a of Title 22, Foreign ized to prescribe regulations governing the Relations and Intercourse, and section 871 of Title 26, entry or withdrawal from warehouse of articles Internal Revenue Code, and enacting provisions set out covered by such agreement. as a note under section 2101 of this title] apply to articles entered on or after October 1, 1996. (c) Termination date ‘‘(b) RETROACTIVE APPLICATION.— This part and any regulations issued under ‘‘(1) GENERAL RULE.—Notwithstanding section 514 of this part shall cease to be effective 12 years the Tariff Act of 1930 [19 U.S.C. 1514] or any other pro- after the date of entry into force of the Protocol vision of law and subject to subsection (c)— ‘‘(A) any article that was entered— of Accession of the People’s Republic of China to ‘‘(i) after July 31, 1995, and the WTO. ‘‘(ii) before January 1, 1996, and (Pub. L. 93–618, title IV, § 423, as added Pub. L. to which duty-free treatment under title V of the 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Trade Act of 1974 [this subchapter] would have applied if the entry had been made on July 31, 1995, Stat. 890.) shall be liquidated or reliquidated as free of duty, and the Secretary of the Treasury shall refund any 1 So in original. Probably should be ‘‘this’’. duty paid with respect to such entry, and § 2462 TITLE 19—CUSTOMS DUTIES Page 636

‘‘(B) any article that was entered— action pursuant to such arrangement, the ef- ‘‘(i) after December 31, 1995, and fect of which is— ‘‘(ii) before October 1, 1996, and (i) to withhold supplies of vital commod- to which duty-free treatment under title V of the ity resources from international trade or Trade Act of 1974 [this subchapter] (as amended by this subtitle) would have applied if the entry had to raise the price of such commodities to been made on or after October 1, 1996, shall be liq- an unreasonable level, and uidated or reliquidated as free of duty, and the Sec- (ii) to cause serious disruption of the retary of the Treasury shall refund any duty paid world economy. with respect to such entry. (C) Such country affords preferential ‘‘(2) LIMITATION ON REFUNDS.—No refund shall be made pursuant to this subsection before October 1, treatment to the products of a developed 1996. country, other than the United States, ‘‘(3) ENTRY.—As used in this subsection, the term which has, or is likely to have, a significant ‘entry’ includes a withdrawal from warehouse for adverse effect on United States commerce. consumption. (D)(i) Such country— ‘‘(c) REQUESTS.—Liquidation or reliquidation may be (I) has nationalized, expropriated, or made under subsection (b) with respect to an entry otherwise seized ownership or control of only if a request therefor is filed with the Customs property, including patents, trademarks, Service, within 180 days after the date of the enactment or copyrights, owned by a United States of this Act [Aug. 20, 1996], that contains sufficient information to enable the Customs Service— citizen or by a corporation, partnership, or ‘‘(1) to locate the entry; or association which is 50 percent or more ‘‘(2) to reconstruct the entry if it cannot be lo- beneficially owned by United States citi- cated.’’ zens, (II) has taken steps to repudiate or nul- § 2462. Designation of beneficiary developing lify an existing contract or agreement countries with a United States citizen or a corpora- (a) Authority to designate countries tion, partnership, or association which is (1) Beneficiary developing countries 50 percent or more beneficially owned by United States citizens, the effect of which The President is authorized to designate is to nationalize, expropriate, or otherwise countries as beneficiary developing countries seize ownership or control of property, infor purposes of this subchapter. cluding patents, trademarks, or copy- (2) Least-developed beneficiary developing rights, so owned, or countries (III) has imposed or enforced taxes or The President is authorized to designate any other exactions, restrictive maintenance beneficiary developing country as a least-de- or operational conditions, or other meas- veloped beneficiary developing country for ures with respect to property, including purposes of this subchapter, based on the con- patents, trademarks, or copyrights, so siderations in section 2461 of this title and sub- owned, the effect of which is to national- section (c) of this section. ize, expropriate, or otherwise seize owner- (b) Countries ineligible for designation ship or control of such property, (1) Specific countries unless clause (ii) applies. The following countries may not be des- (ii) This clause applies if the President de- ignated as beneficiary developing countries for termines that— purposes of this subchapter: (I) prompt, adequate, and effective com- (A) Australia. pensation has been or is being made to the (B) Canada. citizen, corporation, partnership, or asso- (C) European Union member states. ciation referred to in clause (i), (D) Iceland. (II) good faith negotiations to provide (E) Japan. prompt, adequate, and effective compensa- (F) Monaco. tion under the applicable provisions of (G) New Zealand. international law are in progress, or the (H) Norway. country described in clause (i) is otherwise (I) Switzerland. taking steps to discharge its obligations under international law with respect to (2) Other bases for ineligibility such citizen, corporation, partnership, or The President shall not designate any coun- association, or try a beneficiary developing country under (III) a dispute involving such citizen, this subchapter if any of the following applies: corporation, partnership, or association (A) Such country is a Communist country, over compensation for such a seizure has unless— been submitted to arbitration under the (i) the products of such country receive provisions of the Convention for the Set- nondiscriminatory treatment, tlement of Investment Disputes, or in an- (ii) such country is a WTO Member (as other mutually agreed upon forum, such term is defined in section 3501(10) of and the President promptly furnishes a copy this title) and a member of the Inter- of such determination to the Senate and national Monetary Fund, and House of Representatives. (iii) such country is not dominated or (E) Such country fails to act in good faith controlled by international communism. in recognizing as binding or in enforcing ar- (B) Such country is a party to an arrange- bitral awards in favor of United States citi- ment of countries and participates in any zens or a corporation, partnership, or asso- Page 637 TITLE 19—CUSTOMS DUTIES § 2462

ciation which is 50 percent or more bene- (d) Withdrawal, suspension, or limitation of ficially owned by United States citizens, country designation which have been made by arbitrators ap- (1) In general pointed for each case or by permanent arbi- The President may withdraw, suspend, or tral bodies to which the parties involved limit the application of the duty-free treat- have submitted their dispute. ment accorded under this subchapter with re- (F) Such country aids or abets, by grant- spect to any country. In taking any action ing sanctuary from prosecution to, any indi- under this subsection, the President shall con- vidual or group which has committed an act sider the factors set forth in section 2461 of of international terrorism or the Secretary this title and subsection (c) of this section. of State makes a determination with respect to such country under section 2405(j)(1)(A) of (2) Changed circumstances title 50, Appendix or such country has not The President shall, after complying with taken steps to support the efforts of the the requirements of subsection (f)(2) of this United States to combat terrorism. section, withdraw or suspend the designation (G) Such country has not taken or is not of any country as a beneficiary developing taking steps to afford internationally recog- country if, after such designation, the Presi- nized worker rights to workers in the coun- dent determines that as the result of changed try (including any designated zone in that circumstances such country would be barred country). from designation as a beneficiary developing (H) Such country has not implemented its country under subsection (b)(2) of this section. commitments to eliminate the worst forms Such country shall cease to be a beneficiary of child labor. developing country on the day on which the Subparagraphs (D), (E), (F), (G), and (H) (to President issues an Executive order or Presi- the extent described in section 2467(6)(D) of dential proclamation revoking the designation this title) shall not prevent the designation of of such country under this subchapter. any country as a beneficiary developing coun- (3) Advice to Congress try under this subchapter if the President de- The President shall, as necessary, advise the termines that such designation will be in the Congress on the application of section 2461 of national economic interest of the United this title and subsection (c) of this section, States and reports such determination to the and the actions the President has taken to Congress with the reasons therefor. withdraw, to suspend, or to limit the applica- (c) Factors affecting country designation tion of duty-free treatment with respect to In determining whether to designate any any country which has failed to adequately country as a beneficiary developing country take the actions described in subsection (c) of under this subchapter, the President shall take this section. into account— (e) Mandatory graduation of beneficiary develop- (1) an expression by such country of its de- ing countries sire to be so designated; If the President determines that a beneficiary (2) the level of economic development of developing country has become a ‘‘high income’’ such country, including its per capita gross country, as defined by the official statistics of national product, the living standards of its the International Bank for Reconstruction and inhabitants, and any other economic factors Development, then the President shall termi- which the President deems appropriate; nate the designation of such country as a bene- (3) whether or not other major developed ficiary developing country for purposes of this countries are extending generalized pref- subchapter, effective on January 1 of the second erential tariff treatment to such country; year following the year in which such deter- (4) the extent to which such country has as- mination is made. sured the United States that it will provide equitable and reasonable access to the mar- (f) Congressional notification kets and basic commodity resources of such (1) Notification of designation country and the extent to which such country (A) In general has assured the United States that it will re- Before the President designates any coun- frain from engaging in unreasonable export try as a beneficiary developing country practices; under this subchapter, the President shall (5) the extent to which such country is pro- notify the Congress of the President’s inten- viding adequate and effective protection of in- tion to make such designation, together tellectual property rights; with the considerations entering into such (6) the extent to which such country has decision. taken action to— (A) reduce trade distorting investment (B) Designation as least-developed bene- practices and policies (including export per- ficiary developing country formance requirements); and At least 60 days before the President des- (B) reduce or eliminate barriers to trade in ignates any country as a least-developed services; and beneficiary developing country, the Presi- dent shall notify the Congress of the Presi- (7) whether or not such country has taken or dent’s intention to make such designation. is taking steps to afford to workers in that country (including any designated zone in that (2) Notification of termination country) internationally recognized worker If the President has designated any country rights. as a beneficiary developing country under this § 2463 TITLE 19—CUSTOMS DUTIES Page 638

subchapter, the President shall not terminate or Presidential proclamation after receiving such designation unless, at least 60 days before the advice of the International Trade Com- such termination, the President has notified mission in accordance with subsection (e) of the Congress and has notified such country of this section. the President’s intention to terminate such (B) Least-developed beneficiary developing designation, together with the considerations countries entering into such decision. Except for articles described in subpara- (Pub. L. 93–618, title V, § 502, as added Pub. L. graphs (A), (B), and (E) of subsection (b)(1) of 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. this section and articles described in para- 1917; amended Pub. L. 104–295, § 35(a), Oct. 11, graphs (2) and (3) of subsection (b) of this 1996, 110 Stat. 3538; Pub. L. 106–200, title IV, section, the President may, in carrying out § 412(a), May 18, 2000, 114 Stat. 298; Pub. L. section 2462(d)(1) of this title and subsection 107–210, div. D, title XLI, § 4102(a), Aug. 6, 2002, (c)(1) of this section, designate articles as el- 116 Stat. 1040.) igible articles only for countries designated as least-developed beneficiary developing PRIOR PROVISIONS countries under section 2462(a)(2) of this A prior section 2462, Pub. L. 93–618, title V, title if, after receiving the advice of the § 502(a)–(c), (e), Jan. 3, 1975, 88 Stat. 2066–2069; Pub. L. International Trade Commission in accord- 94–455, title XVIII, § 1802, Oct. 4, 1976, 90 Stat. 1763; Pub. ance with subsection (e) of this section, the L. 96–39, title XI, §§ 1106(g)(1), (2), 1111(a)(1), (2), July 26, President determines that such articles are 1979, 93 Stat. 312, 313, 315; Pub. L. 98–573, title V, § 503, Oct. 30, 1984, 98 Stat. 3019; Pub. L. 99–47, § 8(b)(2), June not import-sensitive in the context of im- 11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, ports from least-developed beneficiary devel- § 1887(a)(5), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 99–570, oping countries. title IX, § 9002(a), Oct. 27, 1986, 100 Stat. 3207–166; Pub. L. (C) Three-year rule 101–179, title III, § 301, Nov. 28, 1989, 103 Stat. 1311; Pub. L. 101–382, title I, § 131, Aug. 20, 1990, 104 Stat. 643; Pub. If, after receiving the advice of the Inter- L. 103–66, title XIII, § 13802(a), Aug. 10, 1993, 107 Stat. 667; national Trade Commission under sub- Pub. L. 103–149, § 4(b)(9), Nov. 23, 1993, 107 Stat. 1506, re- section (e) of this section, an article has lated to beneficiary developing countries, prior to the been formally considered for designation as general amendment of this subchapter by Pub. L. an eligible article under this subchapter and 104–188. denied such designation, such article may AMENDMENTS not be reconsidered for such designation for a period of 3 years after such denial. 2002—Subsec. (b)(2)(F). Pub. L. 107–210 inserted ‘‘or such country has not taken steps to support the efforts (2) Rule of origin of the United States to combat terrorism’’ before pe- (A) General rule riod at end. The duty-free treatment provided under 2000—Subsec. (b)(2). Pub. L. 106–200, § 412(a)(2), in con- this subchapter shall apply to any eligible cluding provisions substituted ‘‘(G), and (H) (to the extent described in section 2467(6)(D) of this title)’’ for article which is the growth, product, or man- ‘‘and (G)’’. ufacture of a beneficiary developing country Subsec. (b)(2)(H). Pub. L. 106–200, § 412(a)(1), added if— subpar. (H). (i) that article is imported directly from 1996—Subsec. (b)(2)(F). Pub. L. 104–295, amended sub- a beneficiary developing country into the par. (F) generally. Prior to amendment, subpar. (F) customs territory of the United States; read as follows: ‘‘Such country aids or abets, by grant- and ing sanctuary from prosecution to, any individual or (ii) the sum of— group which has committed an act of international ter- (I) the cost or value of the materials rorism.’’ produced in the beneficiary developing EFFECTIVE DATE OF 1996 AMENDMENT country or any two or more such countries that are members of the same asso- Section 35(b) of Pub. L. 104–295 provided that: ‘‘The amendment made by subsection (a) [amending this sec- ciation of countries and are treated as tion] shall take effect on October 1, 1996.’’ one country under section 2467(2) of this title, plus DELEGATION OF FUNCTIONS (II) the direct costs of processing oper- Proc. No. 6942, Oct. 17, 1996, 61 F.R. 54719, provided in ations performed in such beneficiary de- par. (5) that powers of the President granted in subsec. veloping country or such member coun- (f)(2) of this section to notify a country of the Presi- tries, dent’s intention to terminate that country’s status as a beneficiary developing country for purposes of the is not less than 35 percent of the appraised Generalized System of Preferences were delegated to value of such article at the time it is en- the United States Trade Representative. tered. (B) Exclusions § 2463. Designation of eligible articles An article shall not be treated as the (a) Eligible articles growth, product, or manufacture of a bene- (1) Designation ficiary developing country by virtue of having merely undergone— (A) In general (i) simple combining or packaging oper- Except as provided in subsection (b) of this ations, or section, the President is authorized to des- (ii) mere dilution with water or mere di- ignate articles as eligible articles from all lution with another substance that does beneficiary developing countries for pur- not materially alter the characteristics of poses of this subchapter by Executive order the article. Page 639 TITLE 19—CUSTOMS DUTIES § 2463

(3) Regulations woven, hand-hooked, hand-tufted, or hand- The Secretary of the Treasury, after con- knotted, and classifiable under subheading sulting with the United States Trade Rep- 5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20, resentative, shall prescribe such regulations 5702.10.90, 5702.42.20, 5702.49.10, 5702.51.20, as may be necessary to carry out paragraph 5702.91.30, 5702.92.00, 5702.99.10, 5703.10.00, (2), including, but not limited to, regulations 5703.20.10, or 5703.30.00 of the Harmonized Tar- providing that, in order to be eligible for duty- iff Schedule of the United States. free treatment under this subchapter, an arti- (c) Withdrawal, suspension, or limitation of duty- cle— free treatment; competitive need limitation (A) must be wholly the growth, product, or (1) In general manufacture of a beneficiary developing country, or The President may withdraw, suspend, or (B) must be a new or different article of limit the application of the duty-free treat- commerce which has been grown, produced, ment accorded under this subchapter with re- or manufactured in the beneficiary develop- spect to any article, except that no rate of ing country. duty may be established with respect to any article pursuant to this subsection other than (b) Articles that may not be designated as eligi- the rate which would apply but for this sub- ble articles chapter. In taking any action under this sub- (1) Import-sensitive articles section, the President shall consider the fac- The President may not designate any article tors set forth in sections 2461 and 2462(c) of as an eligible article under subsection (a) of this title. this section if such article is within one of the (2) Competitive need limitation following categories of import-sensitive arti- (A) Basis for withdrawal of duty-free treat- cles: ment (A) Except as provided in paragraph (4), textile and apparel articles which were not (i) In general eligible articles for purposes of this sub- Except as provided in clause (ii) and subchapter on January 1, 1994, as this subject to subsection (d) of this section, when- chapter was in effect on such date. ever the President determines that a bene- (B) Watches, except those watches entered ficiary developing country has exported after June 30, 1989, that the President spe- (directly or indirectly) to the United cifically determines, after public notice and States during any calendar year beginning comment, will not cause material injury to after December 31, 1995— watch or watch band, strap, or bracelet man- (I) a quantity of an eligible article hav- ufacturing and assembly operations in the ing an appraised value in excess of the United States or the United States insular applicable amount for the calendar year, possessions. or (C) Import-sensitive electronic articles. (II) a quantity of an eligible article (D) Import-sensitive steel articles. equal to or exceeding 50 percent of the (E) Footwear, handbags, luggage, flat appraised value of the total imports of goods, work gloves, and leather wearing ap- that article into the United States dur- parel which were not eligible articles for ing any calendar year, purposes of this subchapter on January 1, 1995, as this subchapter was in effect on such the President shall, not later than July 1 date. of the next calendar year, terminate the (F) Import-sensitive semimanufactured duty-free treatment for that article from and manufactured glass products. that beneficiary developing country. (G) Any other articles which the President (ii) Annual adjustment of applicable determines to be import-sensitive in the amount context of the Generalized System of Pref- For purposes of applying clause (i), the erences. applicable amount is— (2) Articles against which other actions taken (I) for 1996, $75,000,000, and An article shall not be an eligible article for (II) for each calendar year thereafter, purposes of this subchapter for any period dur- an amount equal to the applicable ing which such article is the subject of any ac- amount in effect for the preceding cal- tion proclaimed pursuant to section 2253 of endar year plus $5,000,000. this title or section 1862 or 1981 of this title. (B) ‘‘Country’’ defined (3) Agricultural products For purposes of this paragraph, the term No quantity of an agricultural product sub- ‘‘country’’ does not include an association of ject to a tariff-rate quota that exceeds the in- countries which is treated as one country quota quantity shall be eligible for duty-free under section 2467(2) of this title, but does treatment under this subchapter. include a country which is a member of any (4) Certain hand-knotted or hand-woven car- such association. pets (C) Redesignations Notwithstanding paragraph (1)(A), the Presi- A country which is no longer treated as a dent may designate as an eligible article or ar- beneficiary developing country with respect ticles under subsection (a) of this section car- to an eligible article by reason of subpara- pets or rugs which are hand-loomed, hand- graph (A) may, subject to the considerations § 2463 TITLE 19—CUSTOMS DUTIES Page 640

set forth in sections 2461 and 2462 of this (A) the extent to which the beneficiary de- title, be redesignated a beneficiary develop- veloping country has assured the United ing country with respect to such article if States that such country will provide equi- imports of such article from such country table and reasonable access to the markets did not exceed the limitations in subpara- and basic commodity resources of such coun- graph (A) during the preceding calendar try, and year. (B) the extent to which such country pro- (D) Least-developed beneficiary developing vides adequate and effective protection of in- countries and beneficiary sub-Saharan tellectual property rights. African countries (3) Other bases for waiver Subparagraph (A) shall not apply to any The President may waive the application of least-developed beneficiary developing coun- subsection (c)(2) of this section if, before July try or any beneficiary sub-Saharan African 1 of the calendar year beginning after the cal- country. endar year for which a determination de- (E) Articles not produced in the United scribed in subsection (c)(2) of this section was States excluded made with respect to a beneficiary developing country, the President determines that— Subparagraph (A)(i)(II) shall not apply (A) there has been a historical preferential with respect to any eligible article if a like trade relationship between the United or directly competitive article was not pro- States and such country, duced in the United States on January 1, (B) there is a treaty or trade agreement in 1995. force covering economic relations between (F) De minimis waivers such country and the United States, and (i) In general (C) such country does not discriminate The President may disregard subpara- against, or impose unjustifiable or unreason- graph (A)(i)(II) with respect to any eligible able barriers to, United States commerce, article from any beneficiary developing and the President publishes that determina- country if the aggregate appraised value of tion in the Federal Register. the imports of such article into the United (4) Limitations on waivers States during the preceding calendar year (A) In general does not exceed the applicable amount for such preceding calendar year. The President may not exercise the waiver (ii) Applicable amount authority under this subsection with respect to a quantity of an eligible article entered For purposes of applying clause (i), the during any calendar year beginning after applicable amount is— 1995, the aggregate appraised value of which (I) for calendar year 1996, $13,000,000, equals or exceeds 30 percent of the aggregate and appraised value of all articles that entered (II) for each calendar year thereafter, duty-free under this subchapter during the an amount equal to the applicable preceding calendar year. amount in effect for the preceding cal- (B) Other waiver limits endar year plus $500,000. (d) Waiver of competitive need limitation (i) The President may not exercise the waiver authority provided under this sub- (1) In general section with respect to a quantity of an eli- The President may waive the application of gible article entered during any calendar subsection (c)(2) of this section with respect to year beginning after 1995, the aggregate ap- any eligible article of any beneficiary develop- praised value of which exceeds 15 percent of ing country if, before July 1 of the calendar the aggregate appraised value of all articles year beginning after the calendar year for that have entered duty-free under this sub- which a determination described in subsection chapter during the preceding calendar year (c)(2)(A) of this section was made with respect from those beneficiary developing countries to such eligible article, the President— which for the preceding calendar year— (A) receives the advice of the International (I) had a per capita gross national prod- Trade Commission under section 1332 of this uct (calculated on the basis of the best title on whether any industry in the United available information, including that of States is likely to be adversely affected by the International Bank for Reconstruction such waiver, and Development) of $5,000 or more; or (B) determines, based on the consider- (II) had exported (either directly or indi- ations described in sections 2461 and 2462(c) rectly) to the United States a quantity of of this title and the advice described in sub- articles that was duty-free under this subparagraph (A), that such waiver is in the na- chapter that had an aggregate appraised tional economic interest of the United value of more than 10 percent of the aggre- States, and gate appraised value of all articles that en- (C) publishes the determination described tered duty-free under this subchapter dur- in subparagraph (B) in the Federal Register. ing that year. (2) Considerations by the President (ii) Not later than July 1 of each year, the In making any determination under para- President should revoke any waiver that has graph (1), the President shall give great then been in effect with respect to an article weight to— for 5 years or more if the beneficiary devel- Page 641 TITLE 19—CUSTOMS DUTIES § 2465

oping country has exported to the United § 226, Aug. 20, 1990, 104 Stat. 660; Pub. L. 103–465, title IV, States (directly or indirectly) during the § 404(e)(3), Dec. 8, 1994, 108 Stat. 4961, related to eligible preceding calendar year a quantity of the ar- articles, prior to the general amendment of this sub- ticle— chapter by Pub. L. 104–188. (I) having an appraised value in excess of AMENDMENTS 1.5 times the applicable amount set forth 2006—Subsec. (d)(4)(B). Pub. L. 109–432 designated ex- in subsection (c)(2)(A)(ii) for that calendar isting provisions as cl. (i), redesignated former cls. (i) year; or and (ii) as subcls. (I) and (II), respectively, and added (II) exceeding 75 percent of the appraised cl. (ii). value of the total imports of that article 2004—Subsec. (b)(1)(A). Pub. L. 108–429, § 1555(b), sub- into the United States during that cal- stituted ‘‘Except as provided in paragraph (4), textile’’ endar year. for ‘‘Textile’’. Subsec. (b)(4). Pub. L. 108–429, § 1555(a), added par. (4). (C) Calculation of limitations 2000—Subsec. (c)(2)(D). Pub. L. 106–200 amended head- There shall be counted against the limita- ing and text of subpar. (D) generally. Prior to amend- tions imposed under subparagraphs (A) and ment, text read as follows: ‘‘Subparagraph (A) shall not (B) for any calendar year only that value of apply to any least-developed beneficiary developing country.’’ any eligible article of any country that— 1999—Subsec. (a)(2)(A)(ii). Pub. L. 106–36 added subcl. (i) entered duty-free under this sub- (II) and concluding provisions and struck out former chapter during such calendar year; and subcl. (II) which read as follows: ‘‘the direct costs of (ii) is in excess of the value of that arti- processing operations performed in such beneficiary de- cle that would have been so entered during veloping country or such member countries, is not less such calendar year if the limitations under than 35 percent of the appraised value of such article at subsection (c)(2)(A) of this section applied. the time it is entered.’’ (5) Effective period of waiver EFFECTIVE DATE OF 2004 AMENDMENT Any waiver granted under this subsection Pub. L. 108–429, title I, § 1555(c), Dec. 3, 2004, 118 Stat. shall remain in effect until the President de- 2579, provided that: ‘‘The amendments made by sub- termines that such waiver is no longer war- sections (a) and (b) [amending this section] shall apply ranted due to changed circumstances. to any article entered, or withdrawn from warehouse for consumption, on or after the date on which the (e) International Trade Commission advice President makes a designation with respect to the arti- Before designating articles as eligible articles cle under section 503(b)(4) of the Trade Act of 1974 [sub- under subsection (a)(1) of this section, the Presi- sec. (b)(4) of this section], as added by subsection (a).’’ dent shall publish and furnish the International § 2464. Review and report to Congress Trade Commission with lists of articles which may be considered for designation as eligible ar- The President shall submit an annual report ticles for purposes of this subchapter. The provi- to the Congress on the status of internationally sions of sections 2151, 2152, 2153, and 2154 of this recognized worker rights within each bene- title shall be complied with as though action ficiary developing country, including the find- under section 2461 of this title and this section ings of the Secretary of Labor with respect to were action under section 2133 of this title to the beneficiary country’s implementation of its carry out a trade agreement entered into under international commitments to eliminate the section 2133 of this title. worst forms of child labor. (f) Special rule concerning Puerto Rico (Pub. L. 93–618, title V, § 504, as added Pub. L. No action under this subchapter may affect 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. any tariff duty imposed by the Legislature of 1925; amended Pub. L. 106–200, title IV, § 412(c), Puerto Rico pursuant to section 1319 of this title May 18, 2000, 114 Stat. 299.) on coffee imported into Puerto Rico. PRIOR PROVISIONS (Pub. L. 93–618, title V, § 503, as added Pub. L. A prior section 2464, Pub. L. 93–618, title V, § 504, Jan. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 3, 1975, 88 Stat. 2070; Pub. L. 96–39, title XI, §§ 1106(g)(3), 1921; amended Pub. L. 106–36, title I, § 1001(a)(7), 1111(a)(4), July 26, 1979, 93 Stat. 313, 315; Pub. L. 98–573, June 25, 1999, 113 Stat. 130; Pub. L. 106–200, title title V, § 505, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99–47, I, § 111(b), May 18, 2000, 114 Stat. 258; Pub. L. § 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99–514, title 108–429, title I, § 1555(a), (b), Dec. 3, 2004, 118 Stat. XVIII, § 1887(a)(6), Oct. 22, 1986, 100 Stat. 2923, related to 2578, 2579; Pub. L. 109–432, div. D, title VIII, limitations on preferential treatment, prior to the general amendment of this subchapter by Pub. L. 104–188. § 8001, Dec. 20, 2006, 120 Stat. 3195.) AMENDMENTS REFERENCES IN TEXT 2000—Pub. L. 106–200 inserted before period at end The Harmonized Tariff Schedule of the United States, ‘‘, including the findings of the Secretary of Labor with referred to in subsec. (b)(4), is not set out in the Code. respect to the beneficiary country’s implementation of See Publication of Harmonized Tariff Schedule note set its international commitments to eliminate the worst out under section 1202 of this title. forms of child labor’’. PRIOR PROVISIONS § 2465. Date of termination A prior section 2463, Pub. L. 93–618, title V, § 503, Jan. 3, 1975, 88 Stat. 2069; Pub. L. 96–39, title XI, § 1111(a)(3), No duty-free treatment provided under this July 26, 1979, 93 Stat. 315; Pub. L. 98–573, title V, § 504, subchapter shall remain in effect after July 31, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99–47, § 8(b)(2), June 2013. 11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, § 1889(7), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100–418, title I, § 1903, (Pub. L. 93–618, title V, § 505, as added Pub. L. Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101–382, title II, 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. § 2465 TITLE 19—CUSTOMS DUTIES Page 642

1925; amended Pub. L. 105–34, title IX, § 981(a), ‘‘(3) DEFINITION.—As used in this subsection, the Aug. 5, 1997, 111 Stat. 902; Pub. L. 105–277, div. J, terms ‘enter’ and ‘entry’ include a withdrawal from title I, § 1011(a), Oct. 21, 1998, 112 Stat. 2681–900; warehouse for consumption.’’ Pub. L. 106–170, title V, § 508(a), Dec. 17, 1999, 113 Stat. 1923; Pub. L. 107–210, div. D, title XLI, EFFECTIVE DATE OF 1999 AMENDMENT § 4101(a), Aug. 6, 2002, 116 Stat. 1040; Pub. L. Pub. L. 106–170, title V, § 508(b), Dec. 17, 1999, 113 Stat. 109–432, div. D, title VIII, § 8002, Dec. 20, 2006, 120 1923, provided that: Stat. 3195; Pub. L. 110–436, § 4, Oct. 16, 2008, 122 ‘‘(1) IN GENERAL.—The amendment made by this sec- Stat. 4981; Pub. L. 111–124, § 1, Dec. 28, 2009, 123 tion [amending this section] applies to articles entered on or after the date of the enactment of this Act [Dec. Stat. 3484; Pub. L. 112–40, § 1(a), Oct. 21, 2011, 125 17, 1999]. Stat. 401.) ‘‘(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDA- PRIOR PROVISIONS TIONS AND RELIQUIDATIONS.— ‘‘(A) GENERAL RULE.—Notwithstanding section 514 A prior section 2465, Pub. L. 93–618, title V, § 505, Jan. of the Tariff Act of 1930 [19 U.S.C. 1514] or any other 3, 1975, 88 Stat. 2071; Pub. L. 98–573, title V, § 506(a), Oct. provision of law, and subject to paragraph (3), any 30, 1984, 98 Stat. 3023; Pub. L. 103–66, title XIII, entry— § 13802(b)(1), Aug. 10, 1993, 107 Stat. 667; Pub. L. 103–465, ‘‘(i) of an article to which duty-free treatment title VI, § 601(a), Dec. 8, 1994, 108 Stat. 4990, related to under title V of the Trade Act of 1974 [19 U.S.C. 2461 termination of duty-free treatment and reports, prior et seq.] would have applied if such entry had been to the general amendment of this subchapter by Pub. made on July 1, 1999, and such title had been in ef- L. 104–188. fect on July 1, 1999; and AMENDMENTS ‘‘(ii) that was made— ‘‘(I) after June 30, 1999; and 2011—Pub. L. 112–40 substituted ‘‘July 31, 2013’’ for ‘‘(II) before the date of the enactment of this ‘‘December 31, 2010’’. Act [Dec. 17, 1999], 2009—Pub. L. 111–124 substituted ‘‘December 31, 2010’’ shall be liquidated or reliquidated as free of duty, and for ‘‘December 31, 2009’’. the Secretary of the Treasury shall refund any duty 2008—Pub. L. 110–436 substituted ‘‘December 31, 2009’’ paid with respect to such entry. for ‘‘December 31, 2008’’. ‘‘(B) ENTRY.—As used in this paragraph, the term 2006—Pub. L. 109–432 substituted ‘‘December 31, 2008’’ ‘entry’ includes a withdrawal from warehouse for for ‘‘December 31, 2006’’. 2002—Pub. L. 107–210 substituted ‘‘December 31, 2006’’ consumption. for ‘‘September 30, 2001’’. ‘‘(3) REQUESTS.—Liquidation or reliquidation may be 1999—Pub. L. 106–170 substituted ‘‘September 30, 2001’’ made under paragraph (2) with respect to an entry only for ‘‘June 30, 1999’’. if a request therefore is filed with the Customs Service, 1998—Pub. L. 105–277 substituted ‘‘June 30, 1999’’ for within 180 days after the date of the enactment of this ‘‘June 30, 1998’’. Act [Dec. 17, 1999], that contains sufficient information 1997—Pub. L. 105–34 substituted ‘‘June 30, 1998’’ for to enable the Customs Service— ‘‘May 31, 1997’’. ‘‘(A) to locate the entry; or ‘‘(B) to reconstruct the entry if it cannot be lo- EFFECTIVE DATE OF 2011 AMENDMENT cated.’’ Pub. L. 112–40, § 1(b), Oct. 21, 2011, 125 Stat. 401, provided that: EFFECTIVE DATE OF 1998 AMENDMENT ‘‘(1) IN GENERAL.—The amendment made by sub- Pub. L. 105–277, div. J, title I, § 1011(b), Oct. 21, 1998, section (a) [amending this section] shall apply to arti- 112 Stat. 2681–900, provided that: cles entered on or after the 15th day after the date of ‘‘(1) IN GENERAL.—The amendments made by this sec- the enactment of this Act [Oct. 21, 2011]. tion [amending this section] apply to articles entered ‘‘(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDA- on or after the date of the enactment of this Act [Oct. TIONS AND RELIQUIDATIONS.— ‘‘(A) IN GENERAL.—Notwithstanding section 514 of 21, 1998]. the Tariff Act of 1930 (19 U.S.C. 1514) or any other pro- ‘‘(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDA- vision of law and subject to subparagraph (B), any TIONS AND RELIQUIDATIONS.— entry of an article to which duty-free treatment or ‘‘(A) GENERAL RULE.—Notwithstanding section 514 other preferential treatment under title V of the of the Tariff Act of 1930 [19 U.S.C. 1514] or any other Trade Act of 1974 [19 U.S.C. 2461 et seq.] would have provision of law, and subject to paragraph (3), any applied if the entry had been made on December 31, entry— 2010, that was made— ‘‘(i) of an article to which duty-free treatment ‘‘(i) after December 31, 2010; and under title V of the Trade Act of 1974 [19 U.S.C. 2461 ‘‘(ii) before the 15th day after the date of the en- et seq.] would have applied if such entry had been actment of this Act, made on July 1, 1998, and such title had been in ef- shall be liquidated or reliquidated as though such fect on July 1, 1998, and entry occurred on the 15th day after the date of the ‘‘(ii) that was made— enactment of this Act. ‘‘(I) after June 30, 1998, and ‘‘(B) REQUESTS.—A liquidation or reliquidation may ‘‘(II) before the date of enactment of this Act, be made under subparagraph (A) with respect to an shall be liquidated or reliquidated as free of duty, and entry only if a request therefor is filed with U.S. Cus- the Secretary of the Treasury shall refund any duty toms and Border Protection not later than 180 days paid with respect to such entry. after the date of the enactment of this Act [Oct. 21, ‘‘(B) ENTRY.—As used in this paragraph, the term 2011] that contains sufficient information to enable ‘entry’ includes a withdrawal from warehouse for U.S. Customs and Border Protection— consumption. ‘‘(i) to locate the entry; or ‘‘(3) REQUESTS.—Liquidation or reliquidation may be ‘‘(ii) to reconstruct the entry if it cannot be lo- made under paragraph (2) with respect to an entry only cated. if a request therefor is filed with the Customs Service, ‘‘(C) PAYMENT OF AMOUNTS OWED.—Any amounts within 180 days after the date of enactment of this Act, owed by the United States pursuant to the liquida- that contains sufficient information to enable the Cus- tion or reliquidation of an entry of an article under toms Service— subparagraph (A) shall be paid, without interest, not ‘‘(A) to locate the entry; or later than 90 days after the date of the liquidation or ‘‘(B) to reconstruct the entry if it cannot be lo- reliquidation (as the case may be). cated.’’ Page 643 TITLE 19—CUSTOMS DUTIES § 2466a

RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS § 2466. Agricultural exports of beneficiary devel- AND RELIQUIDATIONS oping countries Pub. L. 107–210, div. D, title XLI, § 4101(b), Aug. 6, 2002, 116 Stat. 1040, as amended by Pub. L. 108–429, title II, The appropriate agencies of the United States § 2004(a)(20), Dec. 3, 2004, 118 Stat. 2591, provided that: shall assist beneficiary developing countries to ‘‘(1) IN GENERAL.—Notwithstanding section 514 of the develop and implement measures designed to as- Tariff Act of 1930 [19 U.S.C. 1514] or any other provision sure that the agricultural sectors of their econo- of law, and subject to paragraph (2), the entry of any mies are not directed to export markets to the article— detriment of the production of foodstuffs for ‘‘(A) to which duty-free treatment under title V of their citizenry. the Trade Act of 1974 [19 U.S.C. 2461 et seq.] would have applied if the entry had been made on Septem- (Pub. L. 93–618, title V, § 506, as added Pub. L. ber 30, 2001, 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. ‘‘(B) that was made after September 30, 2001, and 1925.) before the date of the enactment of this Act [Aug. 6, 2002], and PRIOR PROVISIONS ‘‘(C) to which duty-free treatment under title V of that Act did not apply, A prior section 2466, Pub. L. 93–618, title V, § 506, as shall be liquidated or reliquidated as free of duty, and added Pub. L. 98–573, title V, § 507(a), Oct. 30, 1984, 98 the Secretary of the Treasury shall refund any duty Stat. 3023, related to agricultural exports of beneficiary paid with respect to such entry. developing countries, prior to the general amendment ‘‘(2) REQUESTS.—Liquidation or reliquidation may of this subchapter by Pub. L. 104–188. be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs § 2466a. Designation of sub-Saharan African Service, within 180 days after the date of the enact- countries for certain benefits ment of this Act, that contains sufficient information to enable the Customs Service— (a) Authority to designate ‘‘(A) to locate the entry; or ‘‘(B) to reconstruct the entry if it cannot be lo- (1) In general cated. ‘‘(3) DEFINITION.—As used in this subsection, the Notwithstanding any other provision of law, term ‘entry’ includes a withdrawal from warehouse the President is authorized to designate a for consumption.’’ country listed in section 107 of the African [For transfer of functions, personnel, assets, and li- Growth and Opportunity Act [19 U.S.C. 3706] as abilities of the United States Customs Service of the a beneficiary sub-Saharan African country eli- Department of the Treasury, including functions of the gible for the benefits described in subsection Secretary of the Treasury relating thereto, to the Sec- (b) of this section— retary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and (A) if the President determines that the 557 of Title 6, Domestic Security, and the Department country meets the eligibility requirements of Homeland Security Reorganization Plan of Novem- set forth in section 104 of that Act [19 U.S.C. ber 25, 2002, as modified, set out as a note under section 3703], as such requirements are in effect on 542 of Title 6.] May 18, 2000; and Pub. L. 105–34, title IX, § 981(b), Aug. 5, 1997, 111 Stat. (B) subject to the authority granted to the 902, provided that the entry of any article to which President under subsections (a), (d), and (e) duty-free treatment under this subchapter would have applied if the entry had been made on May 31, 1997, and of section 2462 of this title, if the country that was made after May 31, 1997, and before Aug. 5, otherwise meets the eligibility criteria set 1997, would be liquidated or reliquidated as free of duty, forth in section 2462 of this title. and the Secretary of the Treasury would refund any (2) Monitoring and review of certain countries duty paid with respect to such entry, only if a request therefor was filed with the Customs Service, within 180 The President shall monitor, review, and re- days after Aug. 5, 1997, that contained sufficient infor- port to Congress annually on the progress of mation to enable the Customs Service to locate the each country listed in section 107 of the Afri- entry, or to reconstruct the entry if it could not be lo- can Growth and Opportunity Act in meeting cated. the requirements described in paragraph (1) in Pub. L. 103–465, title VI, § 601(b), Dec. 8, 1994, 108 Stat. 4991, as amended by Pub. L. 104–295, § 20(f)(2), Oct. 11, order to determine the current or potential 1996, 110 Stat. 3529, provided that the entry of any arti- eligibility of each country to be designated as cle to which duty-free treatment under this subchapter a beneficiary sub-Saharan African country for would have applied if the entry had been made on Sept. purposes of this section. The President’s deter- 30, 1994, and that was made after Sept. 30, 1994, and be- minations, and explanations of such deter- fore Dec. 8, 1994, would be liquidated or reliquidated as minations, with specific analysis of the eligi- free of duty, and the Secretary of the Treasury would bility requirements described in paragraph refund any duty paid with respect to such entry, only (1)(A), shall be included in the annual report if a request therefor was filed with the Customs Serv- ice, within 180 days after Dec. 8, 1994, that contained required by section 106 of the African Growth sufficient information to enable the Customs Service to and Opportunity Act [19 U.S.C. 3705]. locate the entry, or to reconstruct the entry if it could (3) Continuing compliance not be located. Pub. L. 103–66, title XIII, § 13802(b)(2), Aug. 10, 1993, 107 If the President determines that a bene- Stat. 667, provided that, upon proper request filed with ficiary sub-Saharan African country is not the appropriate customs officer within 180 days after making continual progress in meeting the re- Aug. 10, 1993, the entry of any article to which duty- quirements described in paragraph (1), the free treatment under this subchapter would have ap- President shall terminate the designation of plied if the entry had been made on July 4, 1993, and that was made after July 4, 1993, and before Aug. 10, that country as a beneficiary sub-Saharan Af- 1993, would be liquidated or reliquidated as free of duty, rican country for purposes of this section, ef- and the Secretary of the Treasury would refund any fective on January 1 of the year following the duty paid with respect to such entry. year in which such determination is made. § 2466b TITLE 19—CUSTOMS DUTIES Page 644

(b) Preferential tariff treatment for certain arti- AMENDMENTS cles 2004—Subsec. (b)(2)(B). Pub. L. 108–274, § 7(a)(2)(A), in- (1) In general serted ‘‘or former beneficiary sub-Saharan African countries’’ after ‘‘countries’’. The President may provide duty-free treat- Subsec. (c). Pub. L. 108–274, § 7(a)(2)(B), substituted ment for any article described in section ‘‘subchapter—’’ for ‘‘subchapter,’’, inserted par. (1) des- 2463(b)(1)(B) through (G) of this title that is ignation before ‘‘the terms’’, and added par. (2). the growth, product, or manufacture of a bene- § 2466b. Termination of benefits for sub-Saharan ficiary sub-Saharan African country described African countries in subsection (a) of this section, if, after receiving the advice of the International Trade In the case of a beneficiary sub-Saharan Afri- Commission in accordance with section 2463(e) can country, as defined in section 2466a(c) of this of this title, the President determines that title, duty-free treatment provided under this such article is not import-sensitive in the con- subchapter shall remain in effect through Sep- text of imports from beneficiary sub-Saharan tember 30, 2015. African countries. (Pub. L. 93–618, title V, § 506B, as added Pub. L. (2) Rules of origin 106–200, title I, § 114, May 18, 2000, 114 Stat. 266; The duty-free treatment provided under amended Pub. L. 108–274, § 7(a)(1), July 13, 2004, paragraph (1) shall apply to any article de- 118 Stat. 823.) scribed in that paragraph that meets the re- AMENDMENTS quirements of section 2463(a)(2) of this title, 2004—Pub. L. 108–274 substituted ‘‘2015’’ for ‘‘2008’’. except that— (A) if the cost or value of materials pro- § 2467. Definitions duced in the customs territory of the United States is included with respect to that arti- For purposes of this subchapter: cle, an amount not to exceed 15 percent of (1) Beneficiary developing country the appraised value of the article at the time The term ‘‘beneficiary developing country’’ it is entered that is attributed to such means any country with respect to which United States cost or value may be applied there is in effect an Executive order or Presi- toward determining the percentage referred dential proclamation by the President des- to in subparagraph (A) of section 2463(a)(2) of ignating such country as a beneficiary devel- this title; and oping country for purposes of this subchapter. (B) the cost or value of the materials in- (2) Country cluded with respect to that article that are produced in one or more beneficiary sub-Sa- The term ‘‘country’’ means any foreign haran African countries or former bene- country or territory, including any overseas ficiary sub-Saharan African countries shall dependent territory or possession of a foreign be applied in determining such percentage. country, or the Trust Territory of the Pacific Islands. In the case of an association of coun- (c) Beneficiary sub-Saharan African countries, tries which is a free trade area or customs etc. union, or which is contributing to comprehen- For purposes of this subchapter— sive regional economic integration among its (1) the terms ‘‘beneficiary sub-Saharan Afri- members through appropriate means, includ- can country’’ and ‘‘beneficiary sub-Saharan ing, but not limited to, the reduction of du- African countries’’ mean a country or counties, the President may by Executive order or tries listed in section 107 of the African Presidential proclamation provide that all Growth and Opportunity Act [19 U.S.C. 3706] members of such association other than mem- that the President has determined is eligible bers which are barred from designation under under subsection (a) of this section. section 2462(b) of this title shall be treated as (2) the term ‘‘former beneficiary sub-Saha- one country for purposes of this subchapter. ran African country’’ means a country that, (3) Entered after being designated as a beneficiary sub-Sa- The term ‘‘entered’’ means entered, or with- haran African country under the African drawn from warehouse for consumption, in the Growth and Opportunity Act [19 U.S.C. 3701 et customs territory of the United States. seq.], ceased to be designated as such a country by reason of its entering into a free trade (4) Internationally recognized worker rights agreement with the United States. The term ‘‘internationally recognized worker rights’’ includes— (Pub. L. 93–618, title V, § 506A, as added Pub. L. (A) the right of association; 106–200, title I, § 111(a), May 18, 2000, 114 Stat. 257; (B) the right to organize and bargain col- amended Pub. L. 108–274, § 7(a)(2), July 13, 2004, lectively; 118 Stat. 823.) (C) a prohibition on the use of any form of REFERENCES IN TEXT forced or compulsory labor; (D) a minimum age for the employment of The African Growth and Opportunity Act, referred to children, and a prohibition on the worst in subsec. (c)(2), is title I of Pub. L. 106–200, May 18, forms of child labor, as defined in paragraph 2000, 114 Stat. 252, as amended, which is classified principally to chapter 23 (§ 3701 et seq.) of this title. For (6); and complete classification of this Act to the Code, see (E) acceptable conditions of work with re- Short Title note set out under section 3701 of this title spect to minimum wages, hours of work, and and Tables. occupational safety and health. Page 645 TITLE 19—CUSTOMS DUTIES § 2481

(5) Least-developed beneficiary developing President on the basis of the value of imports country of the articles concerned during the most re- The term ‘‘least-developed beneficiary devel- cent representative period. oping country’’ means a beneficiary develop- (4) The term ‘‘ad valorem equivalent’’ means ing country that is designated as a least-devel- the ad valorem equivalent of a specific rate or, oped beneficiary developing country under sec- in the case of a combination of rates including tion 2462(a)(2) of this title. a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad (6) Worst forms of child labor valorem rate. The ad valorem equivalent shall The term ‘‘worst forms of child labor’’ be determined by the President on the basis of means— the value of imports of the article concerned (A) all forms of slavery or practices simi- during the most recent representative period. lar to slavery, such as the sale or trafficking In determining the value of imports, the Presi- of children, debt bondage and serfdom, or dent shall utilize, to the maximum extent forced or compulsory labor, including forced practicable, the standards of valuation con- or compulsory recruitment of children for tained in section 1401a or 1402 1 of this title (as use in armed conflict; in effect before the effective date of the (B) the use, procuring, or offering of a amendments made by title II of the Trade child for prostitution, for the production of Agreements Act of 1979) or in section 1401a of pornography or for pornographic purposes; this title (as in effect on the effective date of (C) the use, procuring, or offering of a such title II amendments) whichever is appli- child for illicit activities in particular for cable to the article concerned during such rep- the production and trafficking of drugs; and resentative period. (D) work which, by its nature or the cir- (5) An imported article is ‘‘directly competi- cumstances in which it is carried out, is tive with’’ a domestic article at an earlier or likely to harm the health, safety, or morals later stage of processing, and a domestic arti- of children. cle is ‘‘directly competitive with’’ an imported The work referred to in subparagraph (D) shall article at an earlier or later stage of process- be determined by the laws, regulations, or ing, if the importation of the article has an competent authority of the beneficiary devel- economic effect on producers of the domestic oping country involved. article comparable to the effect of importation of articles in the same stage of processing (Pub. L. 93–618, title V, § 507, as added Pub. L. as the domestic article. For purposes of this 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. paragraph, the unprocessed article is at an 1926; amended Pub. L. 106–200, title IV, § 412(b), earlier stage of processing. May 18, 2000, 114 Stat. 298; Pub. L. 107–210, div. D, (6) The term ‘‘modification’’, as applied to title XLI, § 4102(b), Aug. 6, 2002, 116 Stat. 1041.) any duty or other import restriction, includes AMENDMENTS the elimination of any duty or other import restriction. 2002—Par. (4)(D). Pub. L. 107–210 amended subpar. (D) (7) The term ‘‘existing’’ means (A) when generally. Prior to amendment, subpar. (D) read as follows: ‘‘a minimum age for the employment of children; used, without the specification of any date, and’’. with respect to any matter relating to enter- 2000—Par. (6). Pub. L. 106–200 added par. (6). ing into or carrying out a trade agreement or other action authorized by this chapter, exist- TERMINATION OF TRUST TERRITORY OF THE PACIFIC ing on the day on which such trade agreement ISLANDS is entered into or such other action is taken; For termination of Trust Territory of the Pacific Is- and (B) when used with respect to a rate of lands, see note set out preceding section 1681 of Title duty, the nonpreferential rate of duty (how- 48, Territories and Insular Possessions. ever established, and even though temporarily SUBCHAPTER VI—GENERAL PROVISIONS suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 § 2481. Definitions through 97 of the Harmonized Tariff Schedule of the United States on the date specified or For purposes of this chapter— (if no date is specified) on the day referred to (1) The term ‘‘duty’’ includes the rate and in clause (A). form of any import duty, including but not (8) A product of a country or area is an arti- limited to tariff-rate quotas. cle which is the growth, produce, or manufac- (2) The term ‘‘other import restriction’’ in- ture of such country or area. cludes a limitation, prohibition, charge, or ex- (9) The term ‘‘nondiscriminatory treatment’’ action other than duty, imposed on importa- means trade treatment based on normal trade tion or imposed for the regulation of importa- relations (known under international law as tion. The term does not include any orderly most-favored-nation treatment). marketing agreement. (10) The term ‘‘commerce’’ includes services (3) The term ‘‘ad valorem’’ includes ad valo- associated with international trade. rem equivalent. Whenever any limitation on the amount by which or to which any rate of (Pub. L. 93–618, title VI, § 601, Jan. 3, 1975, 88 duty may be decreased or increased pursuant Stat. 2071; Pub. L. 96–39, title II, § 202(c)(1), title to a trade agreement is expressed in terms of XI, § 1106(h)(1), July 26, 1979, 93 Stat. 202, 313; an ad valorem percentage, the ad valorem Pub. L. 100–418, title I, § 1214(j)(5), Aug. 23, 1988, amount taken into account for purposes of such limitation shall be determined by the 1 See References in Text note below. § 2482 TITLE 19—CUSTOMS DUTIES Page 646

102 Stat. 1158; Pub. L. 105–206, title V, ‘‘(1) FINDINGS.—The Congress makes the following § 5003(b)(2)(B), July 22, 1998, 112 Stat. 789.) findings: ‘‘(A) Since the 18th century, the principle of non- REFERENCES IN TEXT discrimination among countries with which the Section 1402 of this title, referred to in par. (4), was United States has trade relations, commonly referred repealed by Pub. L. 96–39, title II, § 201(b), July 26, 1979, to as ‘most-favored-nation’ treatment, has been a 93 Stat. 201. cornerstone of United States trade policy. The effective date of the amendments made by title ‘‘(B) Although the principle remains firmly in place II of the Trade Agreements Act of 1979, referred to in as a fundamental concept in United States trade rela- par. (4), is July 1, 1980. See section 204(a) of Pub. L. tions, the term ‘most-favored-nation’ is a misnomer 96–39, set out as an Effective Date of 1979 Amendment which has led to public misunderstanding. note under section 1401a of this title. ‘‘(C) It is neither the purpose nor the effect of the The Harmonized Tariff Schedule of the United States, most-favored-nation principle to treat any country as referred to in par. (7), is not set out in the Code. See ‘most favored’. To the contrary, the principle reflects Publication of Harmonized Tariff Schedule note set out the intention to confer on a country the same trade under section 1202 of this title. benefits that are conferred on any other country, that is, the intention not to discriminate among AMENDMENTS trading partners. 1998—Par. (9). Pub. L. 105–206 substituted ‘‘trade ‘‘(D) The term ‘normal trade relations’ is a more treatment based on normal trade relations (known accurate description of the principle of non- under international law as most-favored-nation treat- discrimination as it applies to the tariffs applicable ment)’’ for ‘‘most-favored-nation treatment’’. generally to imports from United States trading part- 1988—Par. (7). Pub. L. 100–418 substituted ‘‘chapters 1 ners, that is, the general rates of duty set forth in through 97 of the Harmonized Tariff Schedule of the column 1 of the Harmonized Tariff Schedule of the United States’’ for ‘‘schedules 1 through 7 of the Tariff United States. Schedules of the United States’’. ‘‘(2) POLICY.—It is the sense of the Congress that— 1979—Par. (2). Pub. L. 96–39, § 1106(h)(1), substituted ‘‘(A) the language used in United States laws, trea- ‘‘or exaction’’ for ‘‘and exaction’’. ties, agreements, executive orders, directives, and Par. (4). Pub. L. 96–39, § 202(c)(1), substituted ‘‘section regulations should more clearly and accurately re- 1401a or 1402 of this title (as in effect before the effec- flect the underlying principles of United States trade tive date of the amendments made by title II of the policy; and Trade Agreements Act of 1979) or in sections 1401a of ‘‘(B) accordingly, the term ‘normal trade relations’ this title (as in effect on the effective date of such title should, where appropriate, be substituted for the II amendments) whichever is applicable’’ for ‘‘section term ‘most-favored-nation’.’’ 1401a or 1402 of this title applicable’’.

EFFECTIVE DATE OF 1988 AMENDMENT § 2482. Exercise of functions of International Trade Commission Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or (a) Preliminary investigation after such date, see section 1217(b)(1) of Pub. L. 100–418, In order to expedite the performance of its set out as an Effective Date note under section 3001 of this title. functions under this chapter, the International Trade Commission may conduct preliminary in- EFFECTIVE DATE OF 1979 AMENDMENT vestigations, determine the scope and manner of Amendment by section 202(c)(1) of Pub. L. 96–39 effec- its proceedings, and consolidate proceedings be- tive July 1, 1980, see section 204(a) of Pub. L. 96–39, set fore it. out as a note under section 1401a of this title. Amendment by section 1106(h)(1) of Pub. L. 96–39 ef- (b) Use of authority granted under other provi- fective July 26, 1979, see section 1114 of Pub. L. 96–39, sions set out as an Effective Date note under section 2581 of In performing its functions under this chapter, this title. the Commission may exercise any authority SAVINGS PROVISION granted to it under any other Act. Pub. L. 105–206, title V, § 5003(c), July 22, 1998, 112 (c) Gathering of current information Stat. 790, provided that: ‘‘Nothing in this section The Commission shall at all times keep in- [amending this section, sections 1881, 2432, 3332 and 3555 formed concerning the operation and effect of of this title, and sections 5401 and 5713 of Title 22, For- eign Relations and Intercourse, enacting provisions set provisions relating to duties or other import re- out as notes under this section, and amending provi- strictions of the United States contained in sions set out as a note under section 2112 of this title] trade agreements entered into under the trade shall affect the meaning of any provision of law, Execu- agreements program. tive order, Presidential proclamation, rule, regulation, delegation of authority, other document, or treaty or (Pub. L. 93–618, title VI, § 603, Jan. 3, 1975, 88 other international agreement of the United States re- Stat. 2073.) lating to the principle of ‘most-favored-nation’ (or REFERENCES IN TEXT ‘most favored nation’) treatment. Any Executive order, Presidential proclamation, rule, regulation, delegation This chapter, referred to in subsecs. (a) and (b), was of authority, other document, or treaty or other inter- in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. national agreement of the United States that has been 3, 1975, 88 Stat. 1978, as amended, which is classified issued, made, granted, or allowed to become effective principally to this chapter. For complete classification and that is in effect on the effective date of this Act of this Act to the Code, see References in Text note set [July 22, 1998], or was to become effective on or after out under section 2101 of this title and Tables. the effective date of this Act, shall continue in effect according to its terms until modified, terminated, su- § 2483. Consequential changes in Tariff Sched- perseded, set aside, or revoked in accordance with law.’’ ules of the United States

CLARIFICATION OF DESIGNATION OF NORMAL TRADE The President shall from time to time, as ap- RELATIONS propriate, embody in the Harmonized Tariff Pub. L. 105–206, title V, § 5003(a), July 22, 1998, 112 Schedule of the United States the substance of Stat. 789, provided that: the relevant provisions of this chapter, and of Page 647 TITLE 19—CUSTOMS DUTIES § 2484 other Acts affecting import treatment, and ac- EC-15, but will be reserved for use by these countries tions thereunder, including removal, modifica- through 1997. tion, continuance, or imposition of any rate of 4. Section 604 of the Trade Act of 1974, as amended duty or other import restriction. (‘‘Trade Act’’) (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the (Pub. L. 93–618, title VI, § 604, Jan. 3, 1975, 88 United States (HTS) the substance of the relevant pro- Stat. 2073; Pub. L. 100–418, title I, §§ 1213(a), visions of that Act, and of other Acts affecting import 1214(j)(4), Aug. 23, 1988, 102 Stat. 1155, 1158.) treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any REFERENCES IN TEXT rate of duty or other import restriction. The modification of the TRQ allocations for cheeses is such an ac- The Harmonized Tariff Schedule of the United States, tion. referred to in text, is not set out in the Code. See Pub- 5. In paragraph (3) of Proclamation 6763 of December lication of Harmonized Tariff Schedule note set out 23, 1994, I delegated my authority under section under section 1202 of this title. 404(d)(3) of the Trade Act [probably means section This chapter, referred to in text, was in the original 404(d)(3) of the URAA, 19 U.S.C. 3601(d)(3)] to the United ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. States Trade Representative (USTR). I have deter- 1978, as amended, which is classified principally to this mined that it is appropriate to authorize the USTR to chapter. For complete classification of this Act to the exercise my authority under section 604 of the Trade Code, see References in Text note set out under section Act [19 U.S.C. 2483] to embody in the HTS the substance 2101 of this title and Tables. of any action taken by the USTR under section 404(d)(3) AMENDMENTS of the URAA. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- 1988—Pub. L. 100–418 substituted ‘‘Harmonized Tariff dent of the United States of America, acting under the Schedule of the United States’’ for ‘‘Tariff Schedules of authority vested in me by the Constitution and the the United States’’ and inserted ‘‘removal,’’ after ‘‘in- laws of the United States, including but not limited to cluding’’. section 301 of title 3, United States Code, section EFFECTIVE DATE OF 1988 AMENDMENT 404(d)(3) of the URAA, and section 604 of the Trade Act do proclaim that: Amendment by Pub. L. 100–418 effective Jan. 1, 1989, (1) Additional U.S. notes to chapter 4 of the HTS are and applicable with respect to articles entered on or modified as specified in the Annex to this proclama- after such date, see section 1217(b)(1) of Pub. L. 100–418, tion. set out as an Effective Date note under section 3001 of (2) The USTR is authorized to exercise my authority this title. under section 604 of the Trade Act [19 U.S.C. 2483] to embody in the HTS the substance of any actions taken DELEGATION OF FUNCTIONS by USTR under section 404(d)(3) of the URAA [19 U.S.C. Authority of President under this section to embody 3601(d)(3)]. rectifications, technical or conforming changes, or (3) Any provisions of previous proclamations and Ex- similar modifications in the Harmonized Tariff Sched- ecutive orders that are inconsistent with the actions ule delegated to the United States Trade Representa- taken in this proclamation are superseded to the extent tive by par. (4) of Proc. No. 6969, Jan. 27, 1997, 62 F.R. of such inconsistency. 4417. (4) This proclamation is effective on the date of sig- nature of this proclamation, and the modifications to PROC. NO. 6914. TO MODIFY THE ALLOCATION OF TARIFF- the HTS made by the Annex to this proclamation shall RATE QUOTAS FOR CERTAIN CHEESES be effective on the dates that are specified in that Proc. No. 6914, Aug. 26, 1996, 61 F.R. 45851, provided: Annex. 1. On January 1, 1995, Austria, Finland, and Sweden IN WITNESS WHEREOF, I have hereunto set my acceded to the European Communities (EC), and the EC hand this twenty-sixth day of August, in the year of customs union of 12 member countries (‘‘EC-12’’) was our Lord nineteen hundred and ninety-six, and of the enlarged to a customs union of 15 member countries Independence of the United States of America the two (‘‘EC-15’’). At that time, the EC-12, Austria, Finland, hundred and twenty-first. and Sweden withdrew their tariff schedules under the WILLIAM J. CLINTON. World Trade Organization and applied the common external tariff of the EC-12 to imports into the EC-15. The United States and the EC then entered into negotia- ANNEX tions under Article XXIV:6 and Article XXVIII of the The Annex of Proclamation 6914, which amended the General Agreement on Tariffs and Trade 1994 to com- Harmonized Tariff Schedule of the United States, is not pensate the United States for the resulting increase in set out under this section because the Harmonized Tar- some tariffs on U.S. exports to Austria, Finland, and iff Schedule is not set out in the Code. See Publication Sweden. of Harmonized Tariff Schedule note set out under sec- 2. On July 22, 1996, the United States and the EC tion 1202 of this title. signed an agreement concluding the negotiations on compensation. To recognize the membership of Austria, Finland, and Sweden in the EC-15, the tariff-rate quota § 2484. International drug control (TRQ) allocations for cheeses from these countries will become part of the total TRQ allocations for cheeses The President shall submit a report to Con- from the EC-15, but will be reserved for use by these gress at least once each calendar year listing countries through 1997. those foreign countries in which narcotic drugs 3. Section 404(d)(3) of the Uruguay Round Agreements and other controlled substances (as listed under Act (URAA) (19 U.S.C. 3601(d)(3)) authorizes the Presi- dent to allocate the in-quota quantity of a tariff-rate section 812 of title 21) are produced, processed, quota for any agricultural product among supplying or transported for unlawful entry into the countries or customs areas and to modify any alloca- United States. Such report shall include a de- tion as the President determines appropriate. Pursuant scription of the measures such countries are to section 404(d)(3) of the URAA, I have determined taking to prevent such production, processing, that it is appropriate to modify the TRQ allocations for or transport. cheeses by providing that the TRQ allocations for cheeses from Austria, Finland, and Sweden will become (Pub. L. 93–618, title VI, § 606, Jan. 3, 1975, 88 part of the total TRQ allocations for cheeses from the Stat. 2073.) § 2485 TITLE 19—CUSTOMS DUTIES Page 648

§ 2485. Voluntary limitations on exports of steel EFFECTIVE DATE OF 1979 AMENDMENT to United States Amendment by Pub. L. 96–39 effective July 26, 1979, No person shall be liable for damages, pen- see section 1114 of Pub. L. 96–39, set out as an Effective Date note under section 2581 of this title. alties, or other sanctions under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] or § 2487. Repealed. Pub. L. 102–145, § 121, as added the Antitrust Acts (as defined in section 4 of the Pub. L. 102–266, § 102, Apr. 1, 1992, 106 Stat. Federal Trade Commission Act [15 U.S.C. 44]), or 95 under any similar State law, on account of his negotiating, entering into, participating in, or Section, Pub. L. 93–618, title VI, § 613, Jan. 3, 1975, 88 implementing an arrangement providing for the Stat. 2076, related to limitation on credit to Russia. voluntary limitation on exports of steel and SUBCHAPTER VII—TARIFF TREATMENT OF steel products to the United States, or any PRODUCTS OF, AND OTHER SANCTIONS modification or renewal of such an arrangement, AGAINST, UNCOOPERATIVE MAJOR DRUG if such arrangement or such modification or re- PRODUCING OR DRUG-TRANSIT COUN- newal— TRIES (1) was undertaken prior to January 3, 1975, at the request of the Secretary of State or his § 2491. Short title delegate, and This subchapter may be cited as the ‘‘Narcot- (2) ceases to be effective not later than Jan- ics Control Trade Act’’. uary 1, 1975. (Pub. L. 93–618, title VIII, § 801, as added Pub. L. (Pub. L. 93–618, title VI, § 607, Jan. 3, 1975, 88 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. Stat. 2073.) 3207–164.) REFERENCES IN TEXT § 2492. Tariff treatment of products of unco- The Federal Trade Commission Act, referred to in operative major drug producing or drug- text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et transit countries seq.) of chapter 2 of Title 15, Commerce and Trade. For (a) Required action by President complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Subject to subsection (b) of this section, for every major drug producing country and every § 2486. Trade relations with North American major drug-transit country, the President shall, countries on or after March 1, 1987, and March 1 of each succeeding year, to the extent considered nec- (a) Negotiations for free trade area with Canada essary by the President to achieve the purposes It is the sense of the Congress that the United of this subchapter— States should enter into a trade agreement with (1) deny to any or all of the products of that Canada which will guarantee continued stability country tariff treatment under the General- to the economies of the United States and Can- ized System of Preferences, the Caribbean ada. In order to promote such economic stabil- Basin Economic Recovery Act [19 U.S.C. 2701 ity, the President may initiate negotiations for et seq.], or any other law providing pref- a trade agreement with Canada to establish a erential tariff treatment; free trade area covering the United States and (2) apply to any or all of the dutiable prod- Canada. Nothing in this section shall be con- ucts of that country an additional duty at a strued as prior approval of any legislation which rate not to exceed 50 percent ad valorem or may be necessary to implement such a trade the specific rate equivalent; agreement. (3) apply to one or more duty-free products (b) Regional study of that country a duty at a rate not to exceed The President shall study the desirability of 50 percent ad valorem; entering into trade agreements with countries (4) take the steps described in subsection in the northern portion of the western hemi- (d)(1) or (d)(2) of this section, or both, to cur- sphere to promote the economic growth of the tail air transportation between the United United States and such countries and the mu- States and that country; tual expansion of market opportunities and re- (5) withdraw the personnel and resources of port to the Committee on Ways and Means of the United States from participation in any the House of Representatives and the Commit- arrangement with that country for the pre- tee on Finance of the Senate his findings and clearance of customs by visitors between the conclusions within 2 years after July 26, 1979. United States and that country; or The study shall include an examination of com- (6) take any combination of the actions de- petitive opportunities and conditions of com- scribed in paragraphs (1) through (5). petition between such countries and the United (b) Certifications; Congressional action States in the agricultural, energy, and other ap- (1)(A) Subject to paragraph (3), subsection (a) propriate sectors. of this section shall not apply with respect to a (Pub. L. 93–618, title VI, § 612, Jan. 3, 1975, 88 country if the President determines and cer- Stat. 2076; Pub. L. 96–39, title XI, § 1104(a), (b)(1), tifies to the Congress, at the time of the submis- July 26, 1979, 93 Stat. 310.) sion of the report required by section 2291h of title 22, that— AMENDMENTS (i) during the previous year the country has 1979—Pub. L. 96–39 designated existing provisions as cooperated fully with the United States, or subsec. (a) and added subsec. (b). has taken adequate steps on its own— Page 649 TITLE 19—CUSTOMS DUTIES § 2492

(I) in satisfying the goals agreed to in an is taken pursuant to subsection (a) of this sec- applicable bilateral narcotics agreement tion with respect to that country; and with the United States (as described in para- (ii) a statement weighing the risk described graph (B)) or a multilateral agreement in clause (i) against the risks posed to the which achieves the objectives of paragraph vital national interests of the United States (B), by the failure of such country to cooperate (II) in preventing narcotic and psycho- fully with the United States in combating nar- tropic drugs and other controlled substances cotics or to take adequate steps to combat produced or processed, in whole or in part, in narcotics on its own. such country or transported through such (E) The President may make a certification country, from being sold illegally within the under subparagraph (A)(i) with respect to a jurisdiction of such country to United States major drug producing country or drug-transit Government personnel or their dependents country which is also a producer of licit opium or from being transported, directly or indi- only if the President determines that such coun- rectly, into the United States, try has taken steps to prevent significant diver- (III) in preventing and punishing the laun- sion of its licit cultivation and production into dering in that country of drug-related prof- the illicit market, maintains production and its or drug-related moneys, and stockpiles at levels no higher than those con- (IV) in preventing and punishing bribery sistent with licit market demand, and prevents and other forms of public corruption which illicit cultivation and production. facilitate the illicit production, processing, (2) In determining whether to make the cer- or shipment of narcotic and psychotropic tification required by paragraph (1) with respect drugs and other controlled substances, or to a country, the President shall consider the which discourage the investigation and pros- following: ecution of such acts; or (A) Have the actions of the government of (ii) for a country that would not otherwise that country resulted in the maximum reduc- qualify for certification under clause (i), the tions in illicit drug production which were de- vital national interests of the United States termined to be achievable pursuant to section require that subsection (a) of this section not 2291(e)(4) 1 of title 22? In the case of a major be applied with respect to that country. drug producing country, the President shall (B) A bilateral narcotics agreement referred to give foremost consideration, in determining in subparagraph (A)(i)(I) is an agreement be- whether to make the certification required by tween the United States and a foreign country paragraph (1), to whether the government of in which the foreign country agrees to take spe- that country has taken actions which have re- cific activities, including, where applicable, ef- sulted in such reductions. forts to— (B) Has that government taken the legal and (i) reduce drug production, drug consump- law enforcement measures to enforce in its tion, and drug trafficking within its territory, territory, to the maximum extent possible, including activities to address illicit crop the elimination of illicit cultivation and the eradication and crop substitution; suppression of illicit manufacturing of and (ii) increase drug interdiction and enforce- trafficking in narcotic and psychotropic drugs ment; and other controlled substances, as evidenced (iii) increase drug education and treatment by seizures of such drugs and substances and programs; of illicit laboratories and the arrest and pros- (iv) increase the identification of and elimi- ecution of violators involved in the traffic in nation of illicit drug laboratories; such drugs and substances significantly affect- (v) increase the identification and elimi- ing the United States? nation of the trafficking of essential precursor (C) Has that government taken the legal and chemicals for the use in production of illegal law enforcement steps necessary to eliminate, drugs; to the maximum extent possible, the launder- (vi) increase cooperation with United States ing in that country of drug-related profits or drug enforcement officials; and drug-related moneys, as evidenced by— (vii) where applicable, increase participation (i) the enactment and enforcement by that in extradition treaties, mutual legal assist- government of laws prohibiting such con- ance provisions directed at money laundering, duct, sharing of evidence, and other initiatives for (ii) that government entering into, and co- cooperative drug enforcement. operating under the terms of, mutual legal assistance agreements with the United (C) A country which in the previous year was States governing (but not limited to) money designated as a major drug producing country or laundering, and a major drug-transit country may not be deter- (iii) the degree to which that government mined to be cooperating fully under subpara- otherwise cooperates with United States law graph (A)(i) unless it has in place a bilateral enforcement authorities on anti-money narcotics agreement with the United States or a laundering efforts? multilateral agreement which achieves the objectives of subparagraph (B). (D) Has that government taken the legal and (D) If the President makes a certification with law enforcement steps necessary to eliminate, respect to a country pursuant to subparagraph to the maximum extent possible, bribery and (A)(ii), he shall include in such certification— other forms of public corruption which facili- (i) a full and complete description of the vital national interests placed at risk if action 1 See References in Text note below. § 2492 TITLE 19—CUSTOMS DUTIES Page 650

tate the illicit production, processing, or ship- approving the determination contained in that ment of narcotic and psychotropic drugs and certification. other controlled substances, or which discour- (5) For the purpose of expediting the consider- age the investigation and prosecution of such ation and enactment of joint resolutions under acts, as evidenced by the enactment and en- paragraphs (3) and (4)— forcement of laws prohibiting such conduct? (A) a motion to proceed to the consideration (E) Has that government, as a matter of gov- of any such joint resolution after it has been ernment policy, encouraged or facilitated the reported by the Committee on Ways and production or distribution of illicit narcotic Means shall be treated as highly privileged in and psychotropic drugs and other controlled the House of Representatives; and substances? (B) a motion to proceed to the consideration (F) Does any senior official of that govern- of any such joint resolution after it has been ment engage in, encourage, or facilitate the reported by the Committee on Finance shall production or distribution of illicit narcotic be treated as privileged in the Senate. and psychotropic drugs and other controlled substances? (c) Duration of action (G) Has that government investigated ag- The action taken by the President under para- gressively all cases in which any member of an graph (1), (2), or (3) of subsection (a) of this sec- agency of the United States Government en- tion shall apply to the products of a foreign gaged in drug enforcement activities since country that are entered, or withdrawn from January 1, 1985, has been the victim of acts or warehouse for consumption, during the period threats of violence, inflicted by or with the that such action is in effect. complicity of any law enforcement or other of- (d) Presidential action regarding aviation ficer of such country or any political subdivi- (1)(A) The President is authorized to notify sion thereof, and has energetically sought to the government of a country against which is bring the perpetrators of such offense or of- imposed the sanction described in subsection fenses to justice? (a)(4) of this section of his intention to suspend (H) Having been requested to do so by the the authority of foreign air carriers owned or United States Government, does that govern- controlled by the government or nationals of ment fail to provide reasonable cooperation to that country to engage in foreign air transpor- lawful activities of United States drug entation to or from the United States. forcement agents, including the refusal of per- (B) Within 10 days after the date of notifica- mission to such agents engaged in interdiction tion of a government under subparagraph (A), of aerial smuggling into the United States to the Secretary of Transportation shall take all pursue suspected aerial smugglers a reason- steps necessary to suspend at the earliest pos- able distance into the airspace of the re- sible date the authority of any foreign air car- quested country? rier owned or controlled, directly or indirectly, (I) Has that government made necessary by the government or nationals of that country changes in legal codes in order to enable law to engage in foreign air transportation to or enforcement officials to move more effectively from the United States, notwithstanding any against narcotics traffickers, such as new con- agreement relating to air services. spiracy laws and new asset seizure laws? (C) The President may also direct the Sec- (J) Has that government expeditiously proc- retary of Transportation to take such steps as essed United States extradition requests relat- may be necessary to suspend the authority of ing to narcotics trafficking? any air carrier to engage in foreign air transpor- (K) Has that government refused to protect tation between the United States and that coun- or give haven to any known drug traffickers, try. and has it expeditiously processed extradition (2)(A) The President may direct the Secretary requests relating to narcotics trafficking of State to terminate any air service agreement made by other countries? between the United States and a country (3) Subsection (a) of this section shall apply to against which the sanction described in sub- a country without regard to paragraph (1) of this section (a)(4) of this section is imposed in ac- subsection if the Congress enacts, within 45 days cordance with the provisions of that agreement. of continuous session after receipt of a certifi- (B) Upon termination of an agreement under cation under paragraph (1), a joint resolution this paragraph, the Secretary of Transportation disapproving the determination of the President shall take such steps as may be necessary to re- contained in that certification. voke at the earliest possible date the right of (4) If the President takes action under sub- any foreign air carrier owned, or controlled, di- section (a) of this section, that action shall re- rectly or indirectly, by the government or na- main in effect until— tionals of that country to engage in foreign air (A) the President makes the certification transportation to or from the United States. under paragraph (1), a period of 45 days of con- (C) Upon termination of an agreement under tinuous session of Congress elapses, and during this paragraph, the Secretary of Transportation that period the Congress does not enact a joint may also revoke the authority of any air carrier resolution of disapproval; or to engage in foreign air transportation between (B) the President submits at any other time the United States and that country. a certification of the matters described in (3) The Secretary of Transportation may pro- paragraph (1) with respect to that country, a vide for such exceptions from paragraphs (1) and period of 45 days of continuous session of Con- (2) as the Secretary considers necessary to progress elapses, and during that period the Con- vide for emergencies in which the safety of an gress does not enact a joint resolution of dis- aircraft or its crew or passengers is threatened. Page 651 TITLE 19—CUSTOMS DUTIES § 2494

(4) For purposes of this subsection, the terms the laundering in that country of drug-related profits ‘‘air transportation’’, ‘‘air carrier’’, ‘‘foreign air or drug-related monies.’’ carrier’’ and ‘‘foreign air transportation’’ have Subsec. (b)(2). Pub. L. 100–690, § 4408(a), amended par. (2) generally. Prior to amendment, par. (2) read as fol- the meanings such terms have under section lows: ‘‘In making the certification required by para- 40102(a) of title 49. graph (1), the President shall give foremost consider- (e) Standards and guidelines for determining ation to whether the actions of the government of the major drug-transit countries country have resulted in the maximum reductions in illicit drug production which were determined to be For each calendar year, the Secretary of achievable pursuant to section 2291(e)(4) of title 22. The State, after consultation with the appropriate President shall also consider whether such govern- committees of the Congress, shall establish nu- ment— merical standards and other guidelines for de- ‘‘(A) has taken the legal and law enforcement meas- termining which countries will be considered to ures to enforce in its territory, to the maximum ex- be major drug-transit countries under section tent possible, the elimination of illicit cultivation and the suppression of illicit manufacture of and traf- 2495(3)(A) and (B) of this title. fic in narcotic and psychotropic drugs and other con- (Pub. L. 93–618, title VIII, § 802, as added Pub. L. trolled substances, as evidenced by seizures of such 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. drugs and substances and of illicit laboratories and 3207–164; amended Pub. L. 100–204, title VIII, the arrest and prosecution of violators involved in the traffic in such drugs and substances significantly § 806(a), Dec. 22, 1987, 101 Stat. 1398; Pub. L. affecting the United States; 100–690, title IV, § 4408, Nov. 18, 1988, 102 Stat. ‘‘(B) has taken the legal and law enforcement steps 4281; Pub. L. 101–231, § 17(h)(1)–(4), Dec. 13, 1989, necessary to eliminate, to the maximum extent pos- 103 Stat. 1965; Pub. L. 106–36, title I, § 1001(a)(8), sible, the laundering in that country of drug-related June 25, 1999, 113 Stat. 131.) profits or drug-related monies, as evidence by— ‘‘(i) the enactment and enforcement of laws pro- REFERENCES IN TEXT hibiting such conduct, ‘‘(ii) the willingness of such government to enter The Caribbean Basin Economic Recovery Act, re- into mutual legal assistance agreements with the ferred to in subsec. (a)(1), is title II of Pub. L. 98–67, United States governing (but not limited to) money Aug. 5, 1983, 97 Stat. 384, as amended, which is classified laundering, and principally to chapter 15 (§ 2701 et seq.) of this title. For ‘‘(iii) the degree to which such government other- complete classification of this Act to the Code, see wise cooperates with United States law enforce- Short Title note set out under section 2701 of this title ment authorities on anti-money laundering efforts; and Tables. and Subsec. (e) of section 2291 of title 22, referred to in ‘‘(C) has taken the legal and law enforcement steps subsec. (b), (2)(A), was repealed and subsec. (i) was re- necessary to eliminate, to the maximum extent pos- designated (e) by Pub. L. 102–583, § 6(b)(2), (3), Nov. 2, sible, corruption by government officials, with par- 1992, 106 Stat. 4932. ticular emphasis on the elimination of bribery.’’ CODIFICATION Subsec. (b)(3), (4). Pub. L. 100–690, § 4408(b), substituted ‘‘45 days’’ for ‘‘30 days’’ wherever appearing. In subsec. (d)(4), ‘‘section 40102(a) of title 49’’ sub- Subsec. (e). Pub. L. 100–690, § 4408(c), added subsec. (e). stituted for ‘‘section 101 of the Federal Aviation Act of 1987—Subsec. (a)(4) to (6). Pub. L. 100–204, § 806(a)(1), 1958 (49 U.S.C. App. 1301)’’ on authority of Pub. L. added pars. (4) and (5) and redesignated former par. (4) 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- as (6) and amended it generally. Prior to amendment, tion of which enacted subtitles II, III, and V to X of par. (6) read as follows: ‘‘take any combination of the Title 49, Transportation. actions described in paragraphs (1), (2), and (3).’’ Subsec. (b). Pub. L. 100–204, § 806(a)(2), inserted ‘‘cor- AMENDMENTS ruption by government officials and’’ after ‘‘preventing 1999—Subsec. (b)(1)(A). Pub. L. 106–36 substituted and punishing’’ in par. (1) and added par. (2)(C). ‘‘section 2291h of title 22’’ for ‘‘section 2291(e) of title Subsec. (c). Pub. L. 100–204, § 806(a)(3), inserted ‘‘para- 22’’ in introductory provisions. graph (1), (2), or (3) of’’ after ‘‘under’’. 1989—Subsec. (b)(1)(A)(i)(IV). Pub. L. 101–231, § 17(h)(1), Subsec. (d). Pub. L. 100–204, § 806(a)(4), added subsec. substituted ‘‘illicit production’’ for ‘‘production’’. (d). Subsec. (b)(1)(B)(iii). Pub. L. 101–231, § 17(h)(2), sub- § 2493. Sugar quota stituted ‘‘education and treatment programs’’ for ‘‘treatment’’. Notwithstanding any other provision of law, Subsec. (b)(1)(B)(v). Pub. L. 101–231, § 17(h)(3), sub- the President may not allocate any limitation stituted ‘‘essential precursor chemicals’’ for ‘‘precursor imposed on the quantity of sugar to any country chemicals’’. which has a Government involved in the trade of Subsec. (b)(2)(D). Pub. L. 101–231, § 17(h)(4), substituted ‘‘illicit production’’ for ‘‘production’’. illicit narcotics or is failing to cooperate with 1988—Subsec. (b)(1). Pub. L. 100–690, § 4408(a), amended the United States in narcotics enforcement ac- par. (1) generally. Prior to amendment, par. (1) read as tivities as defined in section 2492(b) of this title follows: ‘‘Subsection (a) of this section shall not apply as determined by the President. with respect to a country if the President determines (Pub. L. 93–618, title VIII, § 803, as added Pub. L. and so certifies to the Congress, at the time of the submission of the report required by section 2291(e) of title 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. 22, that during the previous year that country has co- 3207–165.) operated fully with the United States, or has taken adequate steps on its own, in preventing narcotic and § 2494. Progress reports psychotropic drugs and other controlled substances The President shall include as a part of the produced or processed, in whole or in part, in such annual report required under section 2291h of country or transported through such country, from title 22 an evaluation of progress that each being sold illegally within the jurisdiction of such country to United States Government personnel or major drug producing country and each major their dependents or from being transported, directly or drug-transit country has made during the re- indirectly, into the United States and in preventing porting period in achieving the objectives set and punishing corruption by government officials and forth in section 2492(b) of this title. § 2495 TITLE 19—CUSTOMS DUTIES Page 652

(Pub. L. 93–618, title VIII, § 804, as added Pub. L. 1501 et seq.) or the noninsured crop disaster as- 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. sistance program, respectively. 3207–166; amended Pub. L. 106–36, title I, (2) Actual production on the farm § 1001(a)(9), June 25, 1999, 113 Stat. 131.) The term ‘‘actual production on the farm’’ AMENDMENTS means the sum of the value of all crops pro- 1999—Pub. L. 106–36 substituted ‘‘section 2291h of title duced on the farm, as determined under sub- 22’’ for ‘‘section 2291(e)(1) of title 22’’. section (b)(6)(B). (3) Adjusted actual production history yield § 2495. Definitions The term ‘‘adjusted actual production his- For purposes of this subchapter— tory yield’’ means— (1) continuity of a session of Congress is bro- (A) in the case of an eligible producer on a ken only by an adjournment of the Congress farm that has at least 4 years of actual pro- sine die, and the days on which either House is duction history yields for an insurable com- not in session because of an adjournment of modity that are established other than pur- more than three days to a day certain are ex- suant to section 508(g)(4)(B) of the Federal cluded in the computation of the period indi- Crop Insurance Act (7 U.S.C. 1508(g)(4)(B)), cated; the actual production history for the eligible (2) the term ‘‘major drug producing country’’ producer without regard to any yields estab- means a country that illicitly produces during lished under that section; a fiscal year 5 metric tons or more of opium or (B) in the case of an eligible producer on a opium derivative, 500 metric tons or more of farm that has less than 4 years of actual pro- coca, or 500 metric tons or more of marijuana; duction history yields for an insurable com- (3) the term ‘‘major drug-transit country’’ modity, of which 1 or more were established means a country— pursuant to section 508(g)(4)(B) of that Act [7 (A) that is a significant direct source of il- U.S.C. 1508(g)(4)(B)], the actual production licit narcotic or psychotropic drugs or other history for the eligible producer as cal- controlled substances significantly affecting culated without including the lowest of the the United States; yields established pursuant to section (B) through which are transported such 508(g)(4)(B) of that Act; and drugs or substances; or (C) in all other cases, the actual produc- (C) through which significant sums of tion history of the eligible producer on a drug-related profits or monies are laundered farm. with the knowledge or complicity of the gov- (4) Adjusted noninsured crop disaster assist- ernment; and ance program yield (4) the term ‘‘narcotic and psychotropic The term ‘‘adjusted noninsured crop disaster drugs and other controlled substances’’ has assistance program yield’’ means— the same meaning as is given by any applica- (A) in the case of an eligible producer on a ble international narcotics control agreement farm that has at least 4 years of production or domestic law of the country or countries history under the noninsured crop disaster concerned. assistance program that are not replacement yields, the noninsured crop disaster assist- (Pub. L. 93–618, title VIII, § 805, as added Pub. L. ance program yield without regard to any 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. replacement yields; 3207–166; amended Pub. L. 101–231, § 17(h)(5), Dec. (B) in the case of an eligible producer on a 13, 1989, 103 Stat. 1965; Pub. L. 106–36, title I, farm that has less than 4 years of production § 1001(a)(10), June 25, 1999, 113 Stat. 131.) history under the noninsured crop disaster assistance program that are not replacement AMENDMENTS yields, the noninsured crop disaster assist- 1999—Par. (2). Pub. L. 106–36 struck out ‘‘and’’ at end. ance program yield as calculated without in- 1989—Par. (2). Pub. L. 101–231 amended par. (2) gener- cluding the lowest of the replacement yields; ally. Prior to amendment, par. (2) read as follows: ‘‘the and term ‘major drug producing country’ means a country producing five metric tons or more of opium or opium (C) in all other cases, the production his- derivative during a fiscal year or producing five hun- tory of the eligible producer on the farm dred metric tons or more of coca or marijuana (as the under the noninsured crop disaster assist- case may be) during a fiscal year; and’’. ance program. (5) Counter-cyclical program payment yield SUBCHAPTER VIII—SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE The term ‘‘counter-cyclical program payment yield’’ means the weighted average pay- § 2497. Supplemental agricultural disaster assist- ment yield established under under— 1 ance (i) section 7912 or 7952 of title 7; (ii) section 1102 or 1301(6) of the Food, Con- (a) Definitions servation, and Energy Act of 2008 (7 U.S.C. In this section: 8712, 8751(6)); or (1) Actual production history yield (iii) a successor section. The term ‘‘actual production history yield’’ (6) Crop of economic significance means the weighted average of the actual pro- The term ‘‘crop of economic significance’’ duction history for each insurable commodity shall have the uniform meaning given the or noninsurable commodity, as calculated under the Federal Crop Insurance Act (7 U.S.C. 1 So in original. Page 653 TITLE 19—CUSTOMS DUTIES § 2497

term by the Secretary for purposes of sub- obtain a policy or plan of insurance under the sections (b)(1)(B) and (g)(6). Federal Crop Insurance Act (7 U.S.C. 1501 et (7) Disaster county seq.). (A) In general (12) Livestock The term ‘‘disaster county’’ means a coun- The term ‘‘livestock’’ includes— (A) cattle (including dairy cattle); ty included in the geographic area covered (B) bison; by a qualifying natural disaster declaration. (C) poultry; (B) Inclusion (D) sheep; The term ‘‘disaster county’’ includes— (E) swine; (i) a county contiguous to a county de- (F) horses; and scribed in subparagraph (A); and (G) other livestock, as determined by the (ii) any farm in which, during a calendar Secretary. year 2 the actual production on the farm is (13) Noninsurable commodity less than 50 percent of the normal produc- The term ‘‘noninsurable commodity’’ means tion on the farm. a crop for which the eligible producers on a (8) Eligible producer on a farm farm are eligible to obtain assistance under (A) In general the noninsured crop assistance program. (14) Noninsured crop assistance program The term ‘‘eligible producer on a farm’’ means an individual or entity described in The term ‘‘noninsured crop assistance pro- subparagraph (B) that, as determined by the gram’’ means the program carried out under Secretary, assumes the production and mar- section 7333 of title 7. ket risks associated with the agricultural (15) Normal production on the farm production of crops or livestock. The term ‘‘normal production on the farm’’ (B) Description means the sum of the expected revenue for all An individual or entity referred to in sub- crops on the farm, as determined under subparagraph (A) is— section (b)(6)(A). (i) a citizen of the United States; (16) Qualifying natural disaster declaration (ii) a resident alien; The term ‘‘qualifying natural disaster dec- (iii) a partnership of citizens of the laration’’ means a natural disaster declared by United States; or the Secretary for production losses under sec- (iv) a corporation, limited liability cor- tion 1961(a) of title 7. poration, or other farm organizational (17) Secretary structure organized under State law. The term ‘‘Secretary’’ means the Secretary (9) Farm of Agriculture. (A) In general (18) Socially disadvantaged farmer or rancher The term ‘‘farm’’ means, in relation to an The term ‘‘socially disadvantaged farmer or eligible producer on a farm, the sum of all rancher’’ has the meaning given the term in crop acreage in all counties that is planted section 2279(e) of title 7. or intended to be planted for harvest for sale (19) State or on-farm livestock feeding (including native grassland intended for haying) by the The term ‘‘State’’ means— (A) a State; eligible producer. (B) the District of Columbia; (B) Aquaculture (C) the Commonwealth of Puerto Rico; and In the case of aquaculture, the term (D) any other territory or possession of the ‘‘farm’’ means, in relation to an eligible pro- United States. ducer on a farm, all fish being produced in (20) Trust Fund all counties that are intended to be har- The term ‘‘Trust Fund’’ means the Agricul- vested for sale by the eligible producer. tural Disaster Relief Trust Fund established (C) Honey under section 2497a of this title. In the case of honey, the term ‘‘farm’’ (21) United States means, in relation to an eligible producer on The term ‘‘United States’’ when used in a a farm, all bees and beehives in all counties geographical sense, means all of the States. that are intended to be harvested for a (b) Supplemental revenue assistance payments honey crop for sale by the eligible producer. (1) Payments (10) Farm-raised fish (A) In general The term ‘‘farm-raised fish’’ means any The Secretary shall use such sums as are aquatic species that is propagated and reared necessary from the Trust Fund to make crop in a controlled environment. disaster assistance payments to eligible pro- (11) Insurable commodity ducers on farms in disaster counties that The term ‘‘insurable commodity’’ means an have incurred crop production losses or crop agricultural commodity (excluding livestock) quality losses, or both, during the crop year. for which the producer on a farm is eligible to (B) Crop loss To be eligible for crop loss assistance 2 So in original. Probably should be followed by a comma. under this subsection, the actual production § 2497 TITLE 19—CUSTOMS DUTIES Page 654

on the farm for at least 1 crop of economic (I) a payment rate for the commodity significance shall be reduced by at least 10 that is equal to 100 percent of the non- percent due to disaster, adverse weather, or insured crop assistance program estab- disaster-related conditions. lished price for the commodity; (2) Amount (II) the payment acres for the commod- (A) In general ity that is equal to the number of acres planted, or prevented from being plant- Subject to subparagraph (B), the Secretary ed, to the commodity; and shall provide crop disaster assistance pay- (III) the payment yield for the com- ments under this section to an eligible pro- modity that is equal to 50 percent of the ducer on a farm in an amount equal to 60 higher of— percent of the difference between— (aa) the adjusted noninsured crop as- (i) the disaster assistance program guar- sistance program yield; or antee, as described in paragraph (3); and (ii) the total farm revenue for a farm, as (bb) the counter-cyclical program described in paragraph (4). payment yield for each crop. (B) Limitation (B) Adjustment insurance guarantee The disaster assistance program guarantee Notwithstanding subparagraph (A), in the for a crop used to calculate the payments for case of an insurable commodity for which a a farm under subparagraph (A)(i) may not be plan of insurance provides for an adjustment greater than 90 percent of the sum of the ex- in the guarantee, such as in the case of pre- pected revenue, as described in paragraph (5) vented planting, the adjusted insurance for each of the crops on a farm, as deter- guarantee shall be the basis for determining mined by the Secretary. the disaster assistance program guarantee (C) Exclusion of subsequently planted crops for the insurable commodity. In calculating the disaster assistance pro- (C) Adjusted assistance level gram guarantee under paragraph (3) and the Notwithstanding subparagraph (A), in the total farm revenue under paragraph (4), the case of a noninsurable commodity for which Secretary shall not consider the value of any the noninsured crop assistance program pro- crop that— vides for an adjustment in the level of as- (i) is produced on land that is not eligi- sistance, such as in the case of unharvested ble for a policy or plan of insurance under crops, the adjusted assistance level shall be the Federal Crop Insurance Act (7 U.S.C. the basis for determining the disaster assist- 1501 et seq.) or assistance under the non- ance program guarantee for the noninsur- insured crop assistance program; or able commodity. (ii) is subsequently planted on the same land during the same crop year as the crop (D) Equitable treatment for non-yield based for which disaster assistance is provided policies under this subsection, except in areas in The Secretary shall establish equitable which double-cropping is a normal prac- treatment for non-yield based policies and tice, as determined by the Secretary. plans of insurance, such as the Adjusted (3) Supplemental revenue assistance program Gross Revenue Lite insurance program. guarantee (4) Farm revenue (A) In general (A) In general Except as otherwise provided in this para- For purposes of this subsection, the total graph, the supplemental assistance program farm revenue for a farm,3 shall equal the guarantee shall be the sum obtained by add- sum obtained by adding— ing— (i) the estimated actual value for each (i) for each insurable commodity on the crop produced on a farm by using the prod- farm, 115 percent of the product obtained uct obtained by multiplying— by multiplying— (I) a payment rate for the commodity (I) the actual production by crop on a that is equal to the price election for the farm for purposes of determining losses commodity elected by the eligible pro- under the Federal Crop Insurance Act (7 ducer; U.S.C. 1501 et seq.) or the noninsured (II) the payment acres for the commod- crop assistance program; and ity that is equal to the number of acres (II) subject to subparagraphs (B) and planted, or prevented from being plant- (C), to the extent practicable, the na- ed, to the commodity; tional average market price received for (III) the payment yield for the com- the marketing year, as determined by modity that is equal to the percentage of the Secretary; the crop insurance yield elected by the (ii) 15 percent of amount of any direct producer of the higher of— payments made to the producer under sec- (aa) the adjusted actual production tions 1103 and 1303 of the Food, Conserva- history yield; or tion, and Energy Act of 2008 [7 U.S.C. 8713, (bb) the counter-cyclical program 8753] or successor sections; payment yield for each crop; and (iii) the total amount of any counter-cy- (ii) for each noninsurable commodity on clical payments made to the producer a farm, 120 percent of the product obtained by multiplying— 3 So in original. The comma probably should not appear. Page 655 TITLE 19—CUSTOMS DUTIES § 2497

under sections 1104 and 1304 of the Food, (II) the counter-cyclical program pay- Conservation, and Energy Act of 2008 [7 ment yield; U.S.C. 8714, 8754] or successor sections or of (ii) the acreage planted or prevented any average crop revenue election pay- from being planted for each crop; and ments made to the producer under section (iii) 100 percent of the price election for 1105 of that Act [7 U.S.C. 8715]; the commodity used to calculate an in- (iv) the total amount of any loan defi- demnity for an applicable policy of insur- ciency payments, marketing loan gains, ance if an indemnity is triggered; and and marketing certificate gains made to the producer under subtitles B and C of the (B) for each noninsurable crop, the product Food, Conservation, and Energy Act of obtained by multiplying— 2008 4 or successor subtitles; (i) 100 percent of the adjusted noninsured (v) the amount of payments for pre- crop assistance program yield; vented planting on a farm; (ii) the acreage planted or prevented (vi) the amount of crop insurance indem- from being planted for each crop; and nities received by an eligible producer on a (iii) 100 percent of the noninsured crop farm for each crop on a farm; assistance program price for each of the (vii) the amount of payments an eligible crops on a farm. producer on a farm received under the non- (6) Production on the farm insured crop assistance program for each (A) Normal production on the farm crop on a farm; and (viii) the value of any other natural dis- The normal production on the farm shall aster assistance payments provided by the equal the sum of the expected revenue for Federal Government to an eligible pro- each crop on a farm as determined under ducer on a farm for each crop on a farm for paragraph (5). the same loss for which the eligible pro- (B) Actual production on the farm ducer is seeking assistance. The actual production on the farm shall (B) Adjustment equal the sum obtained by adding— The Secretary shall adjust the average (i) for each insurable commodity on the market price received by the eligible pro- farm, the product obtained by multiply- ducer on a farm— ing— (i) to reflect the average quality dis- (I) 100 percent of the price election for counts applied to the local or regional the commodity used to calculate an in- market price of a crop or mechanically demnity for an applicable policy of in- harvested forage due to a reduction in the surance if an indemnity is triggered; and intrinsic characteristics of the production (II) the quantity of the commodity resulting from adverse weather, as deter- produced on the farm, adjusted for qual- mined annually by the State office of the ity losses; and Farm Service Agency; (ii) for each noninsurable commodity on (ii) to account for a crop the value of a farm, the product obtained by multiply- which is reduced due to excess moisture ing— resulting from a disaster-related condi- (I) 100 percent of the noninsured crop tion; and assistance program established price for (iii) as the Secretary determines appro- the commodity; and priate, to reflect regional variations in a (II) the quantity of the commodity manner consistent with the operation of produced on the farm, adjusted for qual- the Federal crop insurance program under ity losses. the Federal Crop Insurance Act (7 U.S.C. (c) Livestock indemnity payments 1501 et seq.) and the noninsured crop as- (1) Payments sistance program. The Secretary shall use such sums as are (C) Maximum amount for certain crops necessary from the Trust Fund to make live- With respect to a crop for which an eligi- stock indemnity payments to eligible produc- ble producer on a farm receives assistance ers on farms that have incurred livestock under the noninsured crop assistance pro- death losses in excess of the normal mortality gram, the national average market price re- due to adverse weather, as determined by the ceived during the marketing year shall be an Secretary, during the calendar year, including amount not more than 100 percent of the losses due to hurricanes, floods, blizzards, dis- price of the crop established under the non- ease, wildfires, extreme heat, and extreme insured crop assistance program. cold. (5) Expected revenue (2) Payment rates The expected revenue for each crop on a Indemnity payments to an eligible producer farm shall equal— on a farm under paragraph (1) shall be made at (A) for each insurable commodity, the a rate of 75 percent of the market value of the product obtained by multiplying— applicable livestock on the day before the date (i) the greater of— (I) the adjusted actual production his- of death of the livestock, as determined by the tory yield of the eligible producer on a Secretary. farm; and (d) Livestock forage disaster program (1) Definitions 4 See References in Text note below. In this subsection: § 2497 TITLE 19—CUSTOMS DUTIES Page 656

(A) Covered livestock livestock during the normal grazing period, (i) In general in the absence of a drought or fire that di- minishes the production of the grazing land The term ‘‘covered livestock’’ means or pastureland. livestock of an eligible livestock producer that, during the 60 days prior to the begin- (E) Normal grazing period ning date of a qualifying drought or fire The term ‘‘normal grazing period’’, with condition, as determined by the Secretary, respect to a county, means the normal graz- the eligible livestock producer— ing period during the calendar year for the (I) owned; county, as determined under paragraph (II) leased; (3)(D)(i). (III) purchased; (2) Program (IV) entered into a contract to purchase; The Secretary shall use such sums as are (V) is 1 a contract grower; or necessary from the Trust Fund to provide (VI) sold or otherwise disposed of due compensation for losses to eligible livestock to qualifying drought conditions dur- producers due to grazing losses for covered ing— livestock due to— (aa) the current production year; or (A) a drought condition, as described in (bb) subject to paragraph (3)(B)(ii), 1 paragraph (3); or or both of the 2 production years im- (B) fire, as described in paragraph (4). mediately preceding the current pro- (3) Assistance for losses due to drought condi- duction year. tions (ii) Exclusion (A) Eligible losses The term ‘‘covered livestock’’ does not (i) In general include livestock that were or would have An eligible livestock producer may re- been in a feedlot, on the beginning date of ceive assistance under this subsection only the qualifying drought or fire condition, as for grazing losses for covered livestock a part of the normal business operation of that occur on land that— the eligible livestock producer, as deter- (I) is native or improved pastureland mined by the Secretary. with permanent vegetative cover; or (B) Drought monitor (II) is planted to a crop planted specifi- The term ‘‘drought monitor’’ means a sys- cally for the purpose of providing graz- tem for classifying drought severity according for covered livestock. ing to a range of abnormally dry to excep- (ii) Exclusions tional drought, as defined by the Secretary. An eligible livestock producer may not (C) Eligible livestock producer receive assistance under this subsection (i) In general for grazing losses that occur on land used The term ‘‘eligible livestock producer’’ for haying or grazing under the conserva- means an eligible producer on a farm tion reserve program established under that— subchapter B of chapter 1 of subtitle D of (I) is an owner, cash or share lessee, or title XII of the Food Security Act of 1985 contract grower of covered livestock (16 U.S.C. 3831 et seq.). that provides the pastureland or grazing (B) Monthly payment rate land, including cash-leased pastureland (i) In general or grazing land, for the livestock; Except as provided in clause (ii), the (II) provides the pastureland or grazing payment rate for assistance under this land for covered livestock, including paragraph for 1 month shall, in the case of cash-leased pastureland or grazing land drought, be equal to 60 percent of the less- that is physically located in a county af- er of— fected by drought; (I) the monthly feed cost for all cov- (III) certifies grazing loss; and ered livestock owned or leased by the eli- (IV) meets all other eligibility require- gible livestock producer, as determined ments established under this subsection. under subparagraph (C); or (ii) Exclusion (II) the monthly feed cost calculated The term ‘‘eligible livestock producer’’ by using the normal carrying capacity of does not include an owner, cash or share the eligible grazing land of the eligible lessee, or contract grower of livestock that livestock producer. rents or leases pastureland or grazing land (ii) Partial compensation owned by another person on a rate-of-gain basis. In the case of an eligible livestock producer that sold or otherwise disposed of (D) Normal carrying capacity covered livestock due to drought condi- The term ‘‘normal carrying capacity’’, tions in 1 or both of the 2 production years with respect to each type of grazing land or immediately preceding the current produc- pastureland in a county, means the normal tion year, as determined by the Secretary, carrying capacity, as determined under the payment rate shall be 80 percent of the paragraph (3)(D)(i), that would be expected payment rate otherwise calculated in ac- from the grazing land or pastureland for cordance with clause (i). Page 657 TITLE 19—CUSTOMS DUTIES § 2497

(C) Monthly feed cost (II) D3 (i) In general An eligible livestock producer that The monthly feed cost shall equal the owns or leases grazing land or pasture- product obtained by multiplying— land that is physically located in a coun- (I) 30 days; ty that is rated by the U.S. Drought (II) a payment quantity that is equal Monitor as having at least a D3 (extreme to the feed grain equivalent, as deter- drought) intensity in any area of the mined under clause (ii); and county at any time during the normal (III) a payment rate that is equal to grazing period for the county, as deter- the corn price per pound, as determined mined by the Secretary, shall be eligible under clause (iii). to receive assistance under this para- (ii) Feed grain equivalent graph— (aa) in an amount equal to 2 monthly For purposes of clause (i)(I), the feed payments using the monthly payment grain equivalent shall equal— rate determined under subparagraph (I) in the case of an adult beef cow, 15.7 (B); or pounds of corn per day; or (bb) if the county is rated as having (II) in the case of any other type of a D3 (extreme drought) intensity in weight of livestock, an amount deter- any area of the county for at least 4 mined by the Secretary that represents weeks during the normal grazing pe- the average number of pounds of corn per riod for the county, or is rated as hav- day necessary to feed the livestock. ing a D4 (exceptional drought) inten- (iii) Corn price per pound sity in any area of the county at any For purposes of clause (i)(II), the corn time during the normal grazing period, price per pound shall equal the quotient in an amount equal to 3 monthly pay- obtained by dividing— ments using the monthly payment rate (I) the higher of— determined under subparagraph (B). (aa) the national average corn price (4) Assistance for losses due to fire on public per bushel for the 12-month period im- managed land mediately preceding March 1 of the (A) In general year for which the disaster assistance An eligible livestock producer may receive is calculated; or assistance under this paragraph only if— (bb) the national average corn price (i) the grazing losses occur on rangeland per bushel for the 24-month period im- that is managed by a Federal agency; and mediately preceding that March 1; by (ii) the eligible livestock producer is pro- (II) 56. hibited by the Federal agency from graz- (D) Normal grazing period and drought mon- ing the normal permitted livestock on the itor intensity managed rangeland due to a fire. (i) FSA county committee determinations (B) Payment rate (I) In general The payment rate for assistance under this The Secretary shall determine the nor- paragraph shall be equal to 50 percent of the mal carrying capacity and normal graz- monthly feed cost for the total number of ing period for each type of grazing land livestock covered by the Federal lease of the or pastureland in the county served by eligible livestock producer, as determined the applicable committee. under paragraph (3)(C). (II) Changes (C) Payment duration (i) In general No change to the normal carrying capacity or normal grazing period estab- Subject to clause (ii), an eligible live- lished for a county under subclause (I) stock producer shall be eligible to receive shall be made unless the change is re- assistance under this paragraph for the pe- quested by the appropriate State and riod— county Farm Service Agency commit- (I) beginning on the date on which the tees. Federal agency excludes the eligible livestock producer from using the man- (ii) Drought intensity aged rangeland for grazing; and (I) D2 (II) ending on the last day of the Fed- An eligible livestock producer that eral lease of the eligible livestock pro- owns or leases grazing land or pasture- ducer. land that is physically located in a coun- (ii) Limitation ty that is rated by the U.S. Drought An eligible livestock producer may only Monitor as having a D2 (severe drought) receive assistance under this paragraph for intensity in any area of the county for at losses that occur on not more than 180 least 8 consecutive weeks during the nor- days per year. mal grazing period for the county, as determined by the Secretary, shall be eligi- (5) Minimum risk management purchase re- ble to receive assistance under this para- quirements graph in an amount equal to 1 monthly (A) In general payment using the monthly payment Except as otherwise provided in this para- rate determined under subparagraph (B). graph, a livestock producer shall only be eli- § 2497 TITLE 19—CUSTOMS DUTIES Page 658

gible for assistance under this subsection if not both for the same loss, as determined by the livestock producer— the Secretary. (i) obtained a policy or plan of insurance (B) Relationship to supplemental revenue as- under the Federal Crop Insurance Act (7 sistance U.S.C. 1501 et seq.) for the grazing land incurring the losses for which assistance is An eligible livestock producer that re- being requested; or ceives assistance under this subsection may (ii) filed the required paperwork, and not also receive assistance for losses to paid the administrative fee by the applica- crops on the same land with the same in- ble State filing deadline, for the non- tended use under subsection (b). insured crop assistance program for the (e) Emergency assistance for livestock, honey grazing land incurring the losses for which bees, and farm-raised fish assistance is being requested. (1) In general (B) Waiver for socially disadvantaged, lim- The Secretary shall use up to $50,000,000 per ited resource, or beginning farmer or year from the Trust Fund to provide emer- rancher gency relief to eligible producers of livestock, In the case of an eligible livestock pro- honey bees, and farm-raised fish to aid in the ducer that is a socially disadvantaged farm- reduction of losses due to disease, adverse er or rancher or limited resource or begin- weather, or other conditions, such as blizzards ning farmer or rancher, as determined by the and wildfires, as determined by the Secretary, Secretary, the Secretary may— that are not covered under subsection (b), (c), (i) waive subparagraph (A); and or (d). (ii) provide disaster assistance under this (2) Use of funds subsection at a level that the Secretary determines to be equitable and appro- Funds made available under this subsection priate. shall be used to reduce losses caused by feed or water shortages, disease, or other factors as (C) Waiver for 2008 calendar year determined by the Secretary. In the case of an eligible livestock pro- (3) Availability of funds ducer that suffered losses on grazing land during the 2008 calendar year but does not Any funds made available under this sub- meet the requirements of subparagraph (A), section shall remain available until expended. the Secretary shall waive subparagraph (A) (f) Tree assistance program if the eligible livestock producer pays a fee (1) Definitions in an amount equal to the applicable noninsured crop assistance program fee or cata- In this subsection: strophic risk protection plan fee required (A) Eligible orchardist under subparagraph (A) to the Secretary not The term ‘‘eligible orchardist’’ means a later than 90 days after the date of enact- person that produces annual crops from 4 ment of this subchapter. trees for commercial purposes. (D) Equitable relief (B) Natural disaster (i) In general The term ‘‘natural disaster’’ means plant The Secretary may provide equitable re- disease, insect infestation, drought, fire, lief to an eligible livestock producer that freeze, flood, earthquake, lightning, or other is otherwise ineligible or unintentionally occurrence, as determined by the Secretary. fails to meet the requirements of subpara- (C) Nursery tree grower graph (A) for the grazing land incurring the loss on a case-by-case basis, as deter- The term ‘‘nursery tree grower’’ means a mined by the Secretary. person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial (ii) 2008 calendar year sale, as determined by the Secretary. In the case of an eligible livestock producer that suffered losses on grazing land (D) Tree during the 2008 calendar year, the Sec- The term ‘‘tree’’ includes a tree, bush, and retary shall take special consideration to vine. provide equitable relief in cases in which (2) Eligibility the eligible livestock producer failed to meet the requirements of subparagraph (A) (A) Loss due to the enactment of this subchapter Subject to subparagraph (B), the Secretary after the closing date of sales periods for shall use such sums as are necessary from crop insurance under the Federal Crop In- the Trust Fund to provide assistance— surance Act (7 U.S.C. 1501 et seq.) and the (i) under paragraph (3) to eligible or- noninsured crop assistance program. chardists and nursery tree growers that (6) No duplicative payments planted trees for commercial purposes but lost the trees as a result of a natural disas- (A) In general ter, as determined by the Secretary; and An eligible livestock producer may elect (ii) under paragraph (3)(B) to eligible or- to receive assistance for grazing or pasture chardists and nursery tree growers that feed losses due to drought conditions under have a production history for commercial paragraph (3) or fire under paragraph (4), but purposes on planted or existing trees but Page 659 TITLE 19—CUSTOMS DUTIES § 2497

lost the trees as a result of a natural disas- or plan of insurance under the Federal Crop ter, as determined by the Secretary. Insurance Act (7 U.S.C. 1501 et seq.) (exclud- (B) Limitation ing a crop insurance pilot program under that Act); or An eligible orchardist or nursery tree (B) in the case of each noninsurable com- grower shall qualify for assistance under modity of the eligible producers on the farm, subparagraph (A) only if the tree mortality did not file the required paperwork, and pay of the eligible orchardist or nursery tree the administrative fee by the applicable grower, as a result of damaging weather or State filing deadline, for the noninsured related condition, exceeds 15 percent (ad- crop assistance program. justed for normal mortality). (2) Minimum (3) Assistance To be considered to have obtained insurance Subject to paragraph (4), the assistance pro- under paragraph (1)(A), an eligible producer on vided by the Secretary to eligible orchardists a farm shall have obtained a policy or plan of and nursery tree growers for losses described insurance with not less than 50 percent yield in paragraph (2) shall consist of— coverage at 55 percent of the insurable price (A)(i) reimbursement of 70 percent of the for each crop planted or intended to be planted cost of replanting trees lost due to a natural for harvest on a whole farm. disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for (3) Waiver for socially disadvantaged, limited normal mortality); or resource, or beginning farmer or rancher (ii) at the option of the Secretary, suffi- With respect to eligible producers that are cient seedlings to reestablish a stand; and socially disadvantaged farmers or ranchers or (B) reimbursement of 50 percent of the cost limited resource or beginning farmers or of pruning, removal, and other costs in- ranchers, as determined by the Secretary, the curred by an eligible orchardist or nursery Secretary may— tree grower to salvage existing trees or, in (A) waive paragraph (1); and the case of tree mortality, to prepare the (B) provide disaster assistance under this land to replant trees as a result of damage or section at a level that the Secretary deter- tree mortality due to a natural disaster, as mines to be equitable and appropriate. determined by the Secretary, in excess of 15 (4) Waivers for certain crop years percent damage or mortality (adjusted for (A) 2008 crop year normal tree damage and mortality). In the case of an eligible producer that suf- (4) Limitations on assistance fered losses in an insurable commodity or (A) Definitions of legal entity and person noninsurable commodity during the 2008 In this paragraph, the terms ‘‘legal entity’’ crop year but does not meet the require- and ‘‘person’’ have the meaning given those ments of paragraph (1), the Secretary shall terms in section 1001(a) of the Food Security waive paragraph (1) if the eligible producer Act of 1985 (7 U.S.C. 1308(a) 5 (as amended by pays a fee in an amount equal to the applica- section 1603 of the Food, Conservation, and ble noninsured crop assistance program fee Energy Act of 2008). or catastrophic risk protection plan fee required under paragraph (1) to the Secretary (B) Amount not later than 90 days after the date of en- The total amount of payments received, actment of this subchapter.4 directly or indirectly, by a person or legal (B) 2009 crop year entity (excluding a joint venture or general partnership) under this subsection may not In the case of an insurable commodity or exceed $100,000 for any crop year, or an noninsurable commodity for the 2009 crop equivalent value in tree seedlings. year that does not meet the requirements of paragraph (1) and the relevant crop insur- (C) Acres ance program sales closing date or non- The total quantity of acres planted to insured crop assistance program fee pay- trees or tree seedlings for which a person or ment date was prior to August 14, 2008, the legal entity shall be entitled to receive pay- Secretary shall waive paragraph (1) if the el- ments under this subsection may not exceed igible producer of the insurable commodity 500 acres. or noninsurable commodity pays a fee in an (g) Risk management purchase requirement amount equal to the applicable noninsured crop assistance program fee or catastrophic (1) In general risk protection plan fee required under para- Except as otherwise provided in this section, graph (1) to the Secretary not later than 90 the eligible producers on a farm shall not be days after October 13, 2008. eligible for assistance under this section (5) Equitable relief (other than subsections (c) and (d)) if the eligible producers on the farm— (A) In general (A) in the case of each insurable commod- The Secretary may provide equitable relief ity of the eligible producers on the farm, ex- to eligible producers on a farm that are cluding grazing land, did not obtain a policy otherwise ineligible or unintentionally fail to meet the requirements of paragraph (1) 5 So in original. There probably should be a second closing pa- for 1 or more crops on a farm on a case-by- renthesis. case basis, as determined by the Secretary. § 2497 TITLE 19—CUSTOMS DUTIES Page 660

(B) 2008 crop year (B) Amount of assistance In the case of eligible producers on a farm Eligible producers on a farm that meet the that suffered losses in an insurable commod- requirements of subparagraph (A) shall be ity or noninsurable commodity during the eligible to receive assistance under this sec- 2008 crop year, the Secretary shall take spe- tion as if the eligible producers on the cial consideration to provide equitable relief farm— in cases in which the eligible producers (i) in the case of each insurable commod- failed to meet the requirements of paragraph ity of the eligible producers on the farm, (1) due to the enactment of this subchapter had obtained a policy or plan of insurance after the closing date of sales periods for for the 2008 crop year at a level of coverage crop insurance under the Federal Crop Insur- not to exceed 70 percent or more of the re- ance Act (7 U.S.C. 1501 et seq.) and the non- corded or appraised average yield indem- insured crop assistance program. nified at 100 percent of the expected mar- (6) De minimis exception ket price, or an equivalent coverage; and (ii) in the case of each noninsurable com- (A) In general modity of the eligible producers on the For purposes of assistance under sub- farm, had filed the required paperwork, section (b), at the option of an eligible pro- and paid the administrative fee by the ap- ducer on a farm, the Secretary shall waive plicable State filing deadline, for the non- paragraph (1)— insured crop assistance program for the (i) in the case of a portion of the total 2008 crop year, except that in determining acreage of a farm of the eligible producer the level of coverage, the Secretary shall that is not of economic significance on the use 70 percent of the applicable yield. farm, as established by the Secretary; or (C) Equitable relief (ii) in the case of a crop for which the administrative fee required for the purchase Except as provided in subparagraph (D), el- of noninsured crop disaster assistance cov- igible producers on a farm that met the re- erage exceeds 10 percent of the value of quirements of paragraph (1) before the dead- that coverage. line described in paragraph (4)(A) and are eligible to receive, a disaster assistance pay- (B) Treatment of acreage ment under this section for a production loss The Secretary shall not consider the value during the 2008 crop year shall be eligible to of any crop exempted under subparagraph receive an amount equal to the greater of— (A) in calculating the supplemental revenue (i) the amount that would have been cal- assistance program guarantee under sub- culated under subparagraph (B) if the eli- section (b)(3) and the total farm revenue gible producers on the farm had paid the under subsection (b)(4). appropriate fee under that subparagraph; (7) 2008 transition assistance or (A) In general (ii) the amount that would have been calculated under subparagraph (A) of sub- Eligible producers on a farm described in section (b)(3) if— subparagraph (A) of paragraph (4) that failed (I) in clause (i) of that subparagraph, to timely pay the appropriate fee described ‘‘120 percent’’ is substituted for ‘‘115 per- in that subparagraph shall be eligible for as- cent’’; and sistance under this section in accordance (II) in clause (ii) of that subparagraph, with subparagraph (B) if the eligible produc- ‘‘125’’ 6 is substituted for ‘‘120 percent’’. ers on the farm— (D) Limitation (i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days For amounts made available under this after February 17, 2009; and paragraph, the Secretary may make such ad- (ii)(I) in the case of each insurable com- justments as are necessary to ensure that no modity of the eligible producers on the producer receives a payment under this farm, excluding grazing land, agree to ob- paragraph for an amount in excess of the as- tain a policy or plan of insurance under sistance received by a similarly situated the Federal Crop Insurance Act (7 U.S.C. producer that had purchased the same or 1501 et seq.) (excluding a crop insurance higher level of crop insurance prior to Feb- pilot program under that Act) for the next ruary 17, 2009. insurance year for which crop insurance is (E) Authority of the Secretary available to the eligible producers on the The Secretary may provide such addi- farm at a level of coverage equal to 70 per- tional assistance as the Secretary considers cent or more of the recorded or appraised appropriate to provide equitable treatment average yield indemnified at 100 percent of for eligible producers on a farm that suffered the expected market price, or an equiva- production losses in the 2008 crop year that lent coverage; and result in multiyear production losses, as de- (II) in the case of each noninsurable termined by the Secretary. commodity of the eligible producers on the (F) Lack of access farm, agree to file the required paperwork, and pay the administrative fee by the ap- Notwithstanding any other provision of plicable State filing deadline, for the non- this section, the Secretary may provide as- insured crop assistance program for the next year for which a policy is available. 6 So in original. Probably should be ‘‘ ‘125 percent’ ’’. Page 661 TITLE 19—CUSTOMS DUTIES § 2497

sistance (including multiyear assistance) of title 7), the Secretary shall prevent duplica- under this section to eligible producers on a tive payments with respect to the same loss for farm that— which a person receives a payment under sub- (i) suffered a production loss or multi- sections (b), (c), (d), (e), or (f). year production losses due to a natural (Pub. L. 93–618, title IX, § 901, as added Pub. L. cause during the 2008 crop year; and (ii) as determined by the Secretary— 110–234, title XV, § 15101(a), May 22, 2008, 122 Stat. (I)(aa) except as provided in item (bb), 1484, and Pub. L. 110–246, § 4(a), title XV, lack access to a policy or plan of insur- § 15101(a), June 18, 2008, 122 Stat. 1664, 2246; ance under subtitle A 4; or amended Pub. L. 110–398, § 2(b), Oct. 13, 2008, 122 (bb) do not qualify for a written agree- Stat. 4218; Pub. L. 111–5, div. A, title I, § 102(b), ment because 1 or more farming prac- Feb. 17, 2009, 123 Stat. 123; Pub. L. 111–80, title tices, which the Secretary has deter- VII, § 745(b), Oct. 21, 2009, 123 Stat. 2130.) mined are good farming practices, of the REFERENCES IN TEXT eligible producers on the farm differ significantly from the farming practices The Federal Crop Insurance Act, referred to in subsecs. (a)(1), (11), (b)(2)(C)(i), (4)(A)(i)(I), (B)(iii), used by producers of the same crop in (d)(5)(A)(i), (D)(ii), (g)(1)(A), (5)(B), (7)(A)(ii)(I), and (j), other regions of the United States; and is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 (II) are not eligible for the noninsured Stat. 72, which is classified generally to subchapter I crop disaster assistance program estab- (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For lished by section 7333 of title 7. complete classification of this Act to the Code, see sec- (h) Payment limitations tion 1501 of Title 7 and Tables. The Food, Conservation, and Energy Act of 2008, re- (1) Definitions of legal entity and person ferred to in subsecs. (b)(4)(A)(iv), (f)(4)(A), and (h)(1), is In this subsection, the terms ‘‘legal entity’’ Pub. L. 110–246, June 18, 2008, 122 Stat. 1651. Subtitles B and ‘‘person’’ have the meaning given those and C of the Act probably mean subtitles B and C of terms in section 1001(a) of the Food Security title I of the Act, which are classified generally to sub- Act of 1985 (7 U.S.C. 1308(a) 5 (as amended by chapters II (§ 8731 et seq.) and III (§ 8751 et seq.), respec- section 1603 of the Food, Conservation, and En- tively, of chapter 113 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short ergy Act of 2008). Title note set out under section 8701 of Title 7 and (2) Amount Tables. The total amount of disaster assistance pay- The Food Security Act of 1985, referred to in subsec. ments received, directly or indirectly, by a (d)(3)(A)(ii), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter B of chapter 1 of subtitle D of title XII of person or legal entity (excluding a joint ven- the Act is classified generally to subpart B (§ 3831 et ture or general partnership) under this section seq.) of part I of subchapter IV of chapter 58 of Title 16, (excluding payments received under sub- Conservation. For complete classification of this Act to section (f)) may not exceed $100,000 for any the Code, see Short Title of 1985 Amendment note set crop year. out under section 1281 of Title 7, Agriculture, and (3) AGI limitation Tables. The date of enactment of this subchapter, referred to Section 1001D of the Food Security Act of in subsecs. (d)(5)(C) and (g)(4)(A), was in the original 1985 (7 U.S.C. 1308–3a) or any successor provi- ‘‘the date of enactment of this subtitle’’, and was trans- sion shall apply with respect to assistance pro- lated as meaning the date of enactment of title IX of vided under this section. Pub. L. 93–618, as added by Pub. L. 110–246, which was approved June 18, 2008, to reflect the probable intent of (4) Direct attribution Congress. Subsections (e) and (f) of section 1001 of the Section 1001(a) of the Food Security Act of 1985 (as Food Security Act of 1985 (7 U.S.C. 1308) or any amended by section 1603 of the Food, Conservation, and successor provisions relating to direct attribu- Energy Act of 2008), referred to in subsecs. (f)(4)(A) and tion shall apply with respect to assistance pro- (h)(1), means section 1001(a) of Pub. L. 99–198, as amend- vided under this section. ed by section 1603 of Pub. L. 110–246, which is classified to section 1308(a) of Title 7, Agriculture. (5) Transition rule Subtitle A, referred to in subsec. (g)(7)(F)(ii)(I)(aa), Sections 1001, 1001A, 1001B, and 1001D of the probably means subtitle A of title V of act Feb. 16, 1938, Food Security Act of 1985 [7 U.S.C. 1308, 1308–1, ch. 30, 52 Stat. 72, known as the Federal Crop Insurance 1308–2, 1308–3a] as in effect on September 30, Act, which is classified generally to subchapter I (§ 1501 2007, shall continue to apply with respect to et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 2008 crops. 1501 of Title 7 and Tables. (i) Period of effectiveness CODIFICATION This section shall be effective only for losses that are incurred as the result of a disaster, ad- Pub. L. 110–234 and Pub. L. 110–246 enacted identical verse weather, or other environmental condition sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. that occurs on or before September 30, 2011, as determined by the Secretary. AMENDMENTS (j) No duplicative payments 2009—Subsec. (g)(7). Pub. L. 111–5 added par. (7). In implementing any other program which Subsec. (g)(7)(F). Pub. L. 111–80, § 745(b)(1), inserted makes disaster assistance payments (except for ‘‘(including multiyear assistance)’’ after ‘‘assistance’’ in introductory provisions. indemnities made under the Federal Crop Insur- Subsec. (g)(7)(F)(i). Pub. L. 111–80, § 745(b)(2), inserted 7 ance Act (7 U.S.C. 1501 et seq.)) and section 7333 ‘‘or multiyear production losses’’ after ‘‘a production loss’’. 7 So in original. Second closing parenthesis probably should 2008—Subsec. (a)(2). Pub. L. 110–398, § 2(b)(1)(F), added not appear. par. (2). Former par. (2) redesignated (3). § 2497a TITLE 19—CUSTOMS DUTIES Page 662

Subsec. (a)(3). Pub. L. 110–398, § 2(b)(1)(E), redesig- Subsec. (f)(2)(A). Pub. L. 110–398, § 2(b)(4), substituted nated par. (2) as (3). Former par. (3) redesignated (4). ‘‘the Secretary shall use such sums as are necessary Subsec. (a)(3)(B). Pub. L. 110–398, § 2(b)(1)(A), inserted from the Trust Fund to provide’’ for ‘‘the Secretary ‘‘has’’ after ‘‘on a farm that’’. shall provide’’ in introductory provisions. Subsec. (a)(4). Pub. L. 110–398, § 2(b)(1)(E), redesig- Subsec. (g)(1). Pub. L. 110–398, § 2(b)(6)(A)(i), sub- nated par. (3) as (4). Former par. (4) redesignated (5). stituted ‘‘(other than subsections (c) and (d))’’ for Pub. L. 110–398, § 2(b)(1)(B), substituted ‘‘under—’’ for ‘‘(other than subsection (c))’’ in introductory provi- ‘‘section 7912 of title 7, section 1102 of the Food, Con- sions. servation, and Energy Act of 2008, or a successor sec- Subsec. (g)(1)(A). Pub. L. 110–398, § 2(b)(6)(A)(ii), in- tion.’’ and added cls. (i) to (iii). serted ‘‘, excluding grazing land’’ after ‘‘producers on Subsec. (a)(5). Pub. L. 110–398, § 2(b)(1)(E), redesig- the farm’’. nated par. (4) as (5). Former par. (5) redesignated (7). Subsec. (g)(2). Pub. L. 110–398, § 2(b)(6)(B), substituted Subsec. (a)(5)(B)(ii). Pub. L. 110–398, § 2(b)(1)(C), sub- ‘‘planted or’’ for ‘‘grazed, planted, or’’. stituted ‘‘the actual production on the farm is less than Subsec. (g)(4). Pub. L. 110–398, § 2(b)(6)(C), (D), sub- 50 percent of the normal production on the farm.’’ for stituted ‘‘Waivers for certain crop years’’ for ‘‘Waiver ‘‘, the total loss of production of the farm relating to for 2008 crop year’’ in par. heading, designated existing weather is greater than 50 percent of the normal pro- provisions as subpar. (A), inserted subpar. heading, and duction of the farm, as determined by the Secretary.’’ added subpar. (B). Subsec. (a)(6). Pub. L. 110–398, § 2(b)(1)(G), added par. Subsec. (g)(6). Pub. L. 110–398, § 2(b)(5), added par. (6). (6). Former par. (6) redesignated (8). Subsec. (h)(5). Pub. L. 110–398, § 2(b)(7), added par. (5). Subsec. (a)(7). Pub. L. 110–398, § 2(b)(1)(E), redesignated par. (5) as (7). Former par. (7) redesignated (9). EFFECTIVE DATE Subsec. (a)(7)(A). Pub. L. 110–398, § 2(b)(1)(D)(i), in- Enactment of this subchapter and repeal of Pub. L. serted ‘‘for sale or on-farm livestock feeding (including 110–234 by Pub. L. 110–246 effective May 22, 2008, the native grassland intended for haying)’’ after ‘‘harvest’’. date of enactment of Pub. L. 110–234, see section 4 of Subsec. (a)(7)(C). Pub. L. 110–398, § 2(b)(1)(D)(ii), in- Pub. L. 110–246, set out as a note under section 8701 of serted ‘‘for sale’’ after ‘‘crop’’. Title 7, Agriculture. Subsec. (a)(8) to (14). Pub. L. 110–398, § 2(b)(1)(E), redesignated pars. (6) to (12) as (8) to (14), respectively. TRANSITION PROVISIONS Former pars. (13) and (14) redesignated (16) and (17), re- Pub. L. 110–234, title XV, § 15101(b), May 22, 2008, 122 spectively. Stat. 1499, and Pub. L. 110–246, § 4(a), title XV, § 15101(b), Subsec. (a)(15). Pub. L. 110–398, § 2(b)(1)(H), added par. June 18, 2008, 122 Stat. 1664, 2261, provided that: ‘‘For (15). Former par. (15) redesignated (18). purposes of the 2008 crop year, the Secretary [of Agri- Subsec. (a)(16) to (21). Pub. L. 110–398, § 2(b)(1)(E), re- culture] shall carry out subsections (f)(4) and (h) of sec- designated pars. (13) to (18) as (16) to (21), respectively. tion 901 of the Trade Act of 1974 [19 U.S.C. 2497(f)(4), (h)] Subsec. (b)(1). Pub. L. 110–398, § 2(b)(2)(A), substituted (as added by subsection (a)) in accordance with the ‘‘Payments’’ for ‘‘In general’’ as par. heading, inserted terms and conditions of sections 1001 through 1001D of subpar. (A) designation and heading, and added subpar. the Food Security Act of 1985 (16 [probably should be 7] (B). U.S.C. 1308 et seq.), as in effect on September 30, 2007.’’ Subsec. (b)(2)(C). Pub. L. 110–398, § 2(b)(2)(B), added [Pub. L. 110–234 and Pub. L. 110–246 enacted identical subpar. (C). provisions. Pub. L. 110–234 was repealed by section 4(a) Subsec. (b)(3)(A)(ii)(III). Pub. L. 110–398, § 2(b)(2)(C)(i), of Pub. L. 110–246, set out as a note under section 8701 inserted ‘‘50 percent of’’ before ‘‘the higher of’’ in intro- of Title 7, Agriculture.] ductory provisions. Subsec. (b)(3)(A)(ii)(III)(aa). Pub. L. 110–398, § 2497a. Agricultural Disaster Relief Trust Fund § 2(b)(2)(C)(ii), struck out ‘‘guarantee’’ after ‘‘yield’’. Subsec. (b)(4)(A)(i)(I). Pub. L. 110–398, § 2(b)(2)(D)(i)(I), (a) Creation of Trust Fund added subcl. (I) and struck out former subcl. (I) which There is established in the Treasury of the read as follows: ‘‘the actual crop acreage harvested by United States a trust fund to be known as the an eligible producer on a farm;’’. ‘‘Agricultural Disaster Relief Trust Fund’’, con- Subsec. (b)(4)(A)(i)(II), (III). Pub. L. 110–398, § 2(b)(2)(D)(i), redesignated subcl. (III) as (II) and struck sisting of such amounts as may be appropriated out former subcl. (II) which read as follows: ‘‘the esti- or credited to such Trust Fund as provided in mated actual yield of the crop production; and’’. this section. Subsec. (b)(4)(B)(iii). Pub. L. 110–398, § 2(b)(2)(D)(ii), (b) Transfer to Trust Fund (iii), added cl. (iii). (1) In general Subsec. (b)(5). Pub. L. 110–398, § 2(b)(2)(E)(i), struck out ‘‘the sum obtained by adding’’ after ‘‘equal’’ in in- There are appropriated to the Agricultural troductory provisions. Disaster Relief Trust Fund amounts equiva- Subsec. (b)(5)(A). Pub. L. 110–398, § 2(b)(2)(E)(ii)(I), lent to 3.08 percent of the amounts received in substituted ‘‘for each insurable commodity, the prod- the general fund of the Treasury of the United uct’’ for ‘‘the product’’ in introductory provisions. States during fiscal years 2008 through 2011 at- Subsec. (b)(5)(A)(i). Pub. L. 110–398, § 2(b)(2)(E)(ii)(II), substituted ‘‘greater’’ for ‘‘greatest’’. tributable to the duties collected on articles Subsec. (b)(5)(A)(iii). Pub. L. 110–398, entered, or withdrawn from warehouse, for § 2(b)(2)(E)(ii)(III), substituted ‘‘of the price election for consumption under the Harmonized Tariff the commodity used to calculate an indemnity for an Schedule of the United States. applicable policy of insurance if an indemnity is trig- (2) Amounts based on estimates gered; and’’ for ‘‘of the insurance price guarantee; and’’. The amounts appropriated under this section Subsec. (b)(5)(B). Pub. L. 110–398, § 2(b)(2)(E)(iii)(I), shall be transferred at least monthly from the substituted ‘‘for each noninsurable crop, the product’’ general fund of the Treasury of the United for ‘‘the product’’ in introductory provisions. States to the Agricultural Disaster Relief Subsec. (b)(5)(B)(ii), (iii). Pub. L. 110–398, Trust Fund on the basis of estimates made by § 2(b)(2)(E)(iii)(II)–(IV), added cl. (ii) and redesignated the Secretary of the Treasury. Proper adjust- former cl. (ii) as (iii). Subsec. (b)(6). Pub. L. 110–398, § 2(b)(2)(F), added par. ments shall be made in the amounts subse- (6). quently transferred to the extent prior esti- Subsec. (d)(5)(B)(ii). Pub. L. 110–398, § 2(b)(3), sub- mates were in excess of or less than the stituted ‘‘subsection’’ for ‘‘section’’. amounts required to be transferred. Page 663 TITLE 19—CUSTOMS DUTIES § 2497b

(3) Limitation on transfers to Agricultural Dis- Relief Trust Fund, as repayable advances, aster Relief Trust Fund such sums as may be necessary to carry out No amount may be appropriated to the Agri- the purposes of such Trust Fund. cultural Disaster Relief Trust Fund on and (2) Repayment of advances after the date of any expenditure from the Ag- (A) In general ricultural Disaster Relief Trust Fund which is Advances made to the Agricultural Disas- not permitted by this section. The determina- ter Relief Trust Fund shall be repaid, and in- tion of whether an expenditure is so permitted terest on such advances shall be paid, to the shall be made without regard to— general fund of the Treasury when the Sec- (A) any provision of law which is not con- retary determines that moneys are available tained or referenced in this subchapter or in for such purposes in such Trust Fund. a revenue Act, and (B) Rate of interest (B) whether such provision of law is a subsequently enacted provision or directly or Interest on advances made pursuant to indirectly seeks to waive the application of this subsection shall be— this paragraph. (i) at a rate determined by the Secretary of the Treasury (as of the close of the cal- (c) Administration endar month preceding the month in which (1) Reports the advance is made) to be equal to the The Secretary of the Treasury shall be the current average market yield on outstand- trustee of the Agricultural Disaster Relief ing marketable obligations of the United Trust Fund and shall submit an annual report States with remaining periods to maturity to Congress each year on the financial condi- comparable to the anticipated period dur- tion and the results of the operations of such ing which the advance will be outstanding, Trust Fund during the preceding fiscal year and and on its expected condition and operations (ii) compounded annually. during the 4 fiscal years succeeding such fiscal (Pub. L. 93–618, title IX, § 902, as added Pub. L. year. Such report shall be printed as a House 110–234, title XV, § 15101(a), May 22, 2008, 122 Stat. document of the session of Congress to which 1498, and Pub. L. 110–246, § 4(a), title XV, the report is made. § 15101(a), June 18, 2008, 122 Stat. 1664, 2260.) (2) Investment REFERENCES IN TEXT (A) In general The Harmonized Tariff Schedule of the United States, The Secretary of the Treasury shall invest referred to in subsec. (b)(1), is not set out in the Code. such portion of the Agricultural Disaster Re- See Publication of Harmonized Tariff Schedule note set lief Trust Fund as is not in his judgment re- out under section 1202 of this title. quired to meet current withdrawals. Such The date of the enactment of the Food, Conservation, investments may be made only in interest and Energy Act of 2008, referred to in subsec. (d), is the date of enactment of Pub. L. 110–246, which was ap- bearing obligations of the United States. For proved June 18, 2008. such purpose, such obligations may be acquired— CODIFICATION (i) on original issue at the issue price, or Pub. L. 110–234 and Pub. L. 110–246 enacted identical (ii) by purchase of outstanding obliga- sections. Pub. L. 110–234 was repealed by section 4(a) of tions at the market price. Pub. L. 110–246. (B) Sale of obligations § 2497b. Jurisdiction Any obligation acquired by the Agricul- Legislation in the Senate of the United States tural Disaster Relief Trust Fund may be sold amending section 2497 or 2497a of this title shall by the Secretary of the Treasury at the mar- be referred to the Committee on Finance of the ket price. Senate. (C) Interest on certain proceeds (Pub. L. 93–618, title IX, § 903, as added Pub. L. The interest on, and the proceeds from the 110–234, title XV, § 15101(a), May 22, 2008, 122 Stat. sale or redemption of, any obligations held 1499, and Pub. L. 110–246, § 4(a), title XV, in the Agricultural Disaster Relief Trust § 15101(a), June 18, 2008, 122 Stat. 1664, 2261.) Fund shall be credited to and form a part of CODIFICATION such Trust Fund. (d) Expenditures from Trust Fund Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Amounts in the Agricultural Disaster Relief Pub. L. 110–246. Trust Fund shall be available for the purposes of making expenditures to meet those obligations CHAPTER 13—TRADE AGREEMENTS ACT OF of the United States incurred under section 2497 1979 of this title or section 1531 of title 7 (as such sec- Sec. tions are in effect on the date of the enactment 2501. Short title. of the Food, Conservation, and Energy Act of 2502. Congressional statement of purposes. 2008). 2503. Approval of trade agreements. 2504. Relationship of trade agreements to United (e) Authority to borrow States law. (1) In general SUBCHAPTER I—GOVERNMENT PROCUREMENT There are authorized to be appropriated, and 2511. General authority to modify discriminatory are appropriated, to the Agricultural Disaster purchasing requirements.