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19 U.S.C. § 2501 — Equivalence determinations

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2501 — Equivalence determinations

**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law. **(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received. **(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated

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Stable record: federal_law:legal_authorities:record_usc_086f6ca115fb0298a38f368f
Source file: Laws/federal/codes/united-states-code/title-19/section-2501-equivalence-determinations--61be28e964.md
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Passage SHA-256: d519920594bbdb1f0bdb68a7315df02e89c68785959e257085bc3118ddbdfd97

Source location: Title 19, Chapter 13, § 2501; chapter-013-trade-agreements-act-of-1979.md

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**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law. **(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received. **(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] or other statute administered by the Food and Drug Administration, the Commissioner shall publish a notice in the Federal Register that identifies the basis for the determination that the measure provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the notice. The Commissioner shall not issue a final determination on the issue of equivalency without taking into account the comments received.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3601 — Rules of origin for textile and apparel products

**(a) Regulatory authority** The Secretary of the Treasury shall prescribe rules implementing the principles contained in subsection (b) for determining the origin of textiles and apparel products. Such rules shall be promulgated in final form not later than July 1, 1995. **(b) Principles** (1) **In general** — Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a country, territory, or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if— (A) the product is wholly obtained or produced in that country, territory, or possession; (B) the product is a yarn, thread, twine, cordage, rope, cable, or braiding and— (i) the constituent staple fibers are spun in that country, territory, or possession, or (ii) the continuous filament is extruded in that country, territory, or possession; (C) the product is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession; or (D) the product is any other textile or apparel product that is wholly assembled in that country, territory, or possession from its component pieces. (2) **Special rules** (A) Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)— (i) the origin of a good that is classified under one of the following HTS headings or subheadings shall be determined under subparagraph (A), (B), or (C) of paragraph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 63

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4864 — Miscellaneous limitations on the procurement of goods other than United States goods

**(a) Limitation on Certain Procurements.—** The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b): (1) **Buses.—** — Multipassenger motor vehicles (buses). (2) **Components for naval vessels.—** — The following components of vessels, to the extent they are unique to marine applications: (A) Gyrocompasses. (B) Electronic navigation chart systems. (C) Steering controls. (D) Propulsion and machinery control systems. (E) Totally enclosed lifeboats. (F) Welded shipboard anchor and mooring chain. (3) **Components for auxiliary ships.—** — Subject to subsection (k), large medium-speed diesel engines. (4) **Components for t–ao 205 and t–arc class vessels.—** — The following components of T–AO 205 and T–ARC class vessels: (A) Auxiliary equipment, including pumps, for all shipboard services. (B) Propulsion system components, including engines, reduction gears, and propellers. (C) Shipboard cranes. (D) Spreaders for shipboard cranes. (5) **Star tracker.—** — A star tracker used in a satellite weighing more than 400 pounds whose principal purpose is to support the national security, defense, or intelligence needs of the United States Government. **(b) Manufacturer in the National Technology and Industrial Base.—** (1) Except as provided in paragraph (2), a manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base. (2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base. **(c) Applicability to Certain Items.—** Subsection (a) does not apply t

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2113 — Basic authority for trade agreements

**(a) Presidential authority to enter into agreement; modification or continuance of existing duties** Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this chapter will be promoted thereby, the President— (1) during the 5-year period beginning on January 3, 1975, may enter into trade agreements with foreign countries or instrumentalities thereof; and (2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement. **(b) Limitation on authority to decrease duty** (1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975. (2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem. **(c) Limitation on authority to increase duty** No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the following: (1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975, or (2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2192 — Structure, functions, powers, and personnel

**(a) Establishment within Executive Office of the President** There is established within the Executive Office of the President the Office of the United States Trade Representative (hereinafter in this section referred to as the “Office”). **(b) United States Trade Representative; Deputy United States Trade Representatives** (1) The Office shall be headed by the United States Trade Representative who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the United States Trade Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The United States Trade Representative shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary. (2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Amba

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2512 — Purposes

The purposes of this Act are— (1) to approve and implement the trade agreements negotiated under the Trade Act of 1974 [[19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.]; (2) to foster the growth and maintenance of an open world trading system; (3) to expand opportunities for the commerce of the United States in international trade; and (4) to improve the rules of international trade and to provide for the enforcement of such rules, and for other purposes.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2513 — Approval of trade agreements

**(a) Approval of agreements and statements of administrative action** In accordance with the provisions of sections 2112 and 2191 of this title, the Congress approves the trade agreements described in subsection (c) submitted to the Congress on June 19, 1979, and the statements of administrative action proposed to implement such trade agreements submitted to the Congress on that date. **(b) Acceptance of agreements by the President** (1) **In general** — The President may accept for the United States the final legal instruments or texts embodying each of the trade agreements approved by the Congress under subsection (a). The President shall submit a copy of each final instrument or text to the Congress on the date such text or instrument is available, together with a notification of any changes in the instruments or texts, including their annexes, if any, as accepted and the texts of such agreements as submitted to the Congress under subsection (a). Such final legal instruments or texts shall be deemed to be the agreements submitted to and approved by the Congress under subsection (a) if such changes are— (A) only rectifications of a formal character or minor technical or clerical changes which do not affect the substance or meaning of the texts as submitted to the Congress on June 19, 1979, or (B) changes in annexes to such agreements, and the President determines that the balance of United States rights and obligations under such agreements is maintained. (2) **Application of agreement between the United States and other countries** — No agreement accepted by the President under paragraph (1) shall apply between the United States and any other country unless the President determines that such country— (A) has accepted the obligations of the agreement with

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2514 — Relationship of trade agreements to United States law

**(a) United States statutes to prevail in conflict** No provision of any trade agreement approved by the Congress under [section 2503(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2503/a&num=0&edition=prelim), nor the application of any such provision to any person or circumstance, which is in conflict with any statute of the United States shall be given effect under the laws of the United States. **(b) Implementing regulations** Regulations necessary or appropriate to carry out actions proposed in any statement of proposed administrative action submitted to the Congress under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim) to implement each agreement approved under [section 2503(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2503/a&num=0&edition=prelim) shall be issued within 1 year after the date of the entry into force of such agreement with respect to the United States. **(c) Changes in statutes to implement a requirement, amendment, or recommendation** (1) **Presidential determination** — Whenever the President determines that it is necessary or appropriate to amend, repeal, or enact a statute of the United States in order to implement any requirement of, amendment to, or recommendation under such an agreement, he shall submit to the Congress a draft of a bill to accomplish the amendment, repeal, or enactment and a statement of any administrative action proposed to implement the requirement, amendment, or recommendation. Not less than 30 days before submitting such a bill, the President shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3004 — Enactment of Harmonized Tariff Schedule

**(a) Omitted** **(b) Modifications to Harmonized Tariff Schedule** At the earliest practicable date after August 23, 1988, the President shall— (1) proclaim such modifications to the Harmonized Tariff Schedule as are consistent with the standards applied in converting the old Schedules into the format of the Convention, as reflected in such Publication No. 2030 and Supplement No. 1.11 So in original. thereto, and as are necessary or appropriate to implement— (A) the future outstanding staged rate reductions authorized by the Congress in— (i) the Trade Act of 1974 ([19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.) and the Trade Agreements Act of 1979 ([19 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim) et seq.) to reflect the tariff reductions that resulted from the Tokyo Round of multilateral trade negotiations, and (ii) the United States-Israel Free Trade Area Implementation Act of 1985 [[19 U.S.C. 2112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim) note] to reflect the tariff reduction resulting from the United States-Israel Free Trade Area Agreement, (B) the applicable provisions of— (i) statutes enacted, (ii) executive actions taken, and (iii) final judicial decisions rendered, after January 1, 1988, and before January 1, 1989, and (C) such technical rectifications as the President considers necessary; and (2) take such action as the President considers necessary to bring trade agreements to which the United States is a party into conformity with the Harmonized Tariff Schedule. **(c) Status of Harmonized Tariff Schedule**

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3105 — Actions to be taken if no agreement obtained

**(a) In general** (1) If the President is unable, before the close of the negotiating period, to enter into an agreement under subtitle A with any priority foreign country identified under [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103&num=0&edition=prelim) which achieves the general negotiating objectives described in [section 3104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b&num=0&edition=prelim) as defined by the specific objectives established by the President for that country, the President shall take whatever actions authorized under subsection (b) that are appropriate and most likely to achieve such general negotiating objectives. (2) In taking actions under paragraph (1), the President shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1). **(b) Actions authorized** (1) The President is authorized to take any of the following actions under subsection (a) with respect to any priority foreign country: (A) termination, withdrawal, or suspension of any portion of any trade agreement entered into with such country under— (i) the Trade Act of 1974 [[19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.], (ii) [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821&num=0&edition=prelim), or (iii) [section 1351 of th

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