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19 U.S.C. § 2804 — Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consultations with major wine trading countries** The President shall direct the Trade Representative to enter into consultations with each major wine trading country to seek a reduction or elimination of that country’s tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine.
**(b) Reports to Congress on actions taken to expand export opportunities**
(1) the 11 So in original. Probably should be capitalized. President shall notify each of the Committees regarding the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979 [[19 U.S.C. 2135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2135&num=0&edition=prelim) note], and during the 12-month period beginning on October 30, 1984, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include—
(A) a description of each act, policy, and practice (and of its legal basis and operation) in that country that constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine (and that description shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979);
(B) an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party;
(C) information with respect to any action taken, or proposed to be taken, under existing authority t
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Source location: Title 19, Chapter 16, § 2804; chapter-016-wine-trade.md
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**(a) Consultations with major wine trading countries** The President shall direct the Trade Representative to enter into consultations with each major wine trading country to seek a reduction or elimination of that country’s tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine.
**(b) Reports to Congress on actions taken to expand export opportunities**
(1) the 11 So in original. Probably should be capitalized. President shall notify each of the Committees regarding the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979 [[19 U.S.C. 2135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2135&num=0&edition=prelim) note], and during the 12-month period beginning on October 30, 1984, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include—
(A) a description of each act, policy, and practice (and of its legal basis and operation) in that country that constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine (and that description shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979);
(B) an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party;
(C) information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, policy, or practice, including, but not limited to—
(i) any action 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.], and
(ii) any negotiation or consultation with any foreign government;
(D) if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; 22 So in original. Probably should be “therefor;”. and
(E) recommendations to the Congress of any additional legislative authority or other action which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine.
(2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim).
**(c) Enforcement of rights** If the President, after taking into account information and advice received under subsections (a) and (b), [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2805&num=0&edition=prelim) or from other sources, determines that action is appropriate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and—
(1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or
(2) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce;
the President, shall take all appropriate and feasible action 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.] to enforce the rights of the United States under any such trade agreement or to obtain the elimination of such act, policy, or practice.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overall trade negotiating objectives** The overall trade negotiating objectives of the United States are to obtain—
(1) more open, equitable, and reciprocal market access;
(2) the reduction or elimination of barriers and other trade-distorting policies and practices; and
(3) a more effective system of international trading disciplines and procedures.
**(b) Principal trade negotiating objectives**
(1) **Dispute settlement** — The principal negotiating objectives of the United States with respect to dispute settlement are—
(A) to provide for more effective and expeditious dispute settlement mechanisms and procedures; and
(B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.
(2) **Improvement of the GATT and multilateral trade negotiation agreements** — The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are—
(A) to enhance the status of the GATT;
(B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and
(C) to expand country participation in particular agreements or arrangements, where appropriate.
(3) **Transparency** — The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT.
(4) **Developing countries** — The principal negotiating objectives of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) New concessions** Whenever—
(1) any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
(2) any judicial or administrative tariff reclassification that becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the President—
(A) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
(B) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
**(b) Reductions in rates of duty**
(1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate stage under [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prelim), the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prelim) by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prel
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t
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Federal law — U.S. Code and appendices · legal_authorities
The Trade Representative shall consult with the Committees and with representatives of the wine and grape products industries in the United States—
(1) before identifying tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine and designating major wine trading countries under [section 2803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2803&num=0&edition=prelim);
(2) in developing the reports required under [section 2804(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2804/b&num=0&edition=prelim); and
(3) for purposes of determining whether action by the President is appropriate under any provision of 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.] with respect to any act, policy, or practice referred to in [section 2804(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2804/b/1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 475
TITLE 19—CUSTOMS DUTIES
§ 2101
Sec.
2492.
Tariff treatment of products of uncooperative
major drug producing or drug-transit coun-
tries.
2493.
Sugar quota.
2494.
Progress reports.
2495.
Definitions.
SUBCHAPTER VIII—SUPPLEMENTAL
AGRICULTURAL DISASTER ASSISTANCE
2497.
Supplemental agricultural disaster assist-
ance.
2497a.
Agricultural Disaster Relief Trust Fund.
2497b.
Jurisdiction.
§ 2101. Short title
This chapter may be cited as the ‘‘Trade Act
of 1974’’.
(Pub. L. 93–618, § 1, Jan. 3, 1975, 88 Stat. 1978.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–618, which in addition
to enacting this chapter enacted section 1863 of this
title, amended sections 160, 162, 163, 164, 170a, 1202, 1303,
1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516, 1806, 1862,
1872, 1885, and 1981 of this title, sections 5312, 5314, 5315,
and 5316 of Title 5, Government Organization and Em-
ployees, section 301 of Title 13, Census, section 3302 of
Title 26, Internal Revenue Code, sections 2631 and 2632
of Title 28, Judiciary and Judicial Procedure, and sec-
tion 665 of former Title 31, Money and Finance, re-
pealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833,
1841, 1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883,
1884, 1886, 1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931,
1941, 1942, 1943, 1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972,
1973, 1974, 1975, 1976, 1977, 1978, and 1991 of this title, and
enacted provisions set out as notes under this section
and sections 160, 162, 1303, 1321, 1337, 1484, 1515, 1516, 1901,
and 2271 of this title and section 301 of Title 13, Census.
Statutory Notes and Related Subsidiaries
REFERENCES TO OTHER LAWS
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
Page 518
TITLE 19—CUSTOMS DUTIES
§ 2134
investigations initiated under part 1 (§ 2251 et seq.) of
subchapter III of this chapter on or after that date, see
section 1401(c) of Pub. L. 100–418, set out as a note under
section 2251 of this title.
§ 2134. Two-year residual authority to negotiate
duties
(a) Trade agreements
Whenever the President determines that any
existing duties or other import restrictions of
any foreign country or the United States are un-
duly burdening and restricting the foreign trade
of the United States and that the purposes of
this chapter will be promoted thereby, the
President—
(1) may enter into trade agreements with
foreign countries or instrumentalities thereof,
and
(2) may proclaim such modification or con-
tinuance of any existing duty, such continu-
ance 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) Maximum volume of imported articles subject
to reduction of duties or continuance of
duty-free or excise treatment
Agreements entered into under this section in
any 1-year period shall not provide for the re-
duction of duties, or the continuance of duty-
free or excise treatment, for articles which ac-
count for more than 2 percent of the value of
United States imports for the most recent 12-
month period for which import statistics are
available.
(c) Maximum reduction in duties
(1) No proclamation shall be made pursuant to
subsection (a) decreasing any rate of duty to a
rate which is less than 80 percent of the existing
rate of duty.
(2) No proclamation shall be made pursuant to
subsection (a) decreasing or increasing any rate
of duty to a rate which is lower or higher than
the corresponding rate
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Federal law — U.S. Code and appendices · legal_authorities
Page 809
TITLE 19—CUSTOMS DUTIES
§ 2804
1 So in original. Probably should be capitalized.
2 So in original. Probably should be ‘‘therefor;’’.
United States wine, includes any measure im-
plemented by the government of a major wine
trading country that either gives a competi-
tive advantage to the wine industry of that
country or restricts the importation of United
States wine into that country.
(5) The term ‘‘Trade Representative’’ means
the United States Trade Representative.
(6) The term ‘‘United States wine’’ means
wine produced within the customs territory of
the United States.
(7) The term ‘‘wine’’ means any fermented
alcoholic beverage that—
(A) is made from grapes or other fruit;
(B) contains not less than 0.5 percent alco-
hol by volume and not more than 24 percent
alcohol by volume, including all dilutions
and mixtures thereof by whatever process
produced; and
(C) is for nonindustrial use.
(Pub. L. 98–573, title IX, § 903, Oct. 30, 1984, 98
Stat. 3048.)
§ 2803. Designation of major wine trading coun-
tries
(a) The Trade Representative shall designate
as a major wine trading country each foreign
country, or group of foreign countries rep-
resented as an economic union, that, in the
judgment of the Trade Representative—
(1) is a potential significant market for
United States wine; and
(2) maintains tariff barriers or nontariff bar-
riers to (or other distortions of) trade in
United States wine.
(b) In deciding, for purposes of subsection
(a)(2), whether a foreign country or group of
countries maintains nontariff barriers to (or
other distortions of) trade in United States
wine, the Trade Representative shall take into
account—
(1) the review and report required under sec-
tion 854(a) of the Trade Agreements Act of 1979
(19 U.S.C.
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2804
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