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19 U.S.C. § 2905 — Accession of state trading regimes to General Agreement on Tariffs and Trade or WTO
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Before any major foreign country accedes, after August 23, 1988, to the GATT 1947, or to the WTO Agreement, the President shall determine—
(1) whether state trading enterprises account for a significant share of—
(A) the exports of such major foreign country, or
(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and
(2) whether such state trading enterprises—
(A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or
(B) are likely to result in such a burden, restriction, or effect.
**(b) Effects of affirmative determination** If both of the determinations made under paragraphs (1) and (2) of subsection (a) with respect to a major foreign country are affirmative—
(1) the President shall reserve the right of the United States to withhold extension of the application of the GATT 1947 or the WTO Agreement, between the United States and such major foreign country, and
(2) the GATT 1947 or the WTO Agreement shall not apply between the United States and such major foreign country until—
(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—
(i) will—
(I) make purchases which are not for the use of such foreign country, and
(II) make sales in international trade,
in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and
(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or
(B) a bill submitted under subsectio
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Source file: Laws/federal/codes/united-states-code/title-19/section-2905-accession-of-state-trading-regimes-to-general-agreement-on-tariffs-and-t--fd35412ca5.md
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Source location: Title 19, Chapter 17, § 2905; chapter-017-negotiation-and-implementation-of-trade-agreements.md
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**(a) In general** Before any major foreign country accedes, after August 23, 1988, to the GATT 1947, or to the WTO Agreement, the President shall determine—
(1) whether state trading enterprises account for a significant share of—
(A) the exports of such major foreign country, or
(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and
(2) whether such state trading enterprises—
(A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or
(B) are likely to result in such a burden, restriction, or effect.
**(b) Effects of affirmative determination** If both of the determinations made under paragraphs (1) and (2) of subsection (a) with respect to a major foreign country are affirmative—
(1) the President shall reserve the right of the United States to withhold extension of the application of the GATT 1947 or the WTO Agreement, between the United States and such major foreign country, and
(2) the GATT 1947 or the WTO Agreement shall not apply between the United States and such major foreign country until—
(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—
(i) will—
(I) make purchases which are not for the use of such foreign country, and
(II) make sales in international trade,
in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and
(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or
(B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and such major foreign country is enacted into law.
**(c) Expedited consideration of bill to approve extension**
(1) The President may submit to the Congress any draft of a bill which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and a major foreign country.
(2) Any draft of a bill described in paragraph (1) that is submitted by the President to the Congress shall—
(A) be introduced by the majority leader of each House of the Congress (by request) on the first day on which such House is in session after the date such draft is submitted to the Congress; and
(B) shall be treated as an implementing bill for purposes of subsections (d), (e), (f), and (g) of [section 2191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191&num=0&edition=prelim).
**(d) Publication** The President shall publish in the Federal Register each determination made under subsection (a).
**(e) Definitions** For purposes of this section:
(1) The term “GATT 1947” has the meaning given that term in [section 3501(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/A&num=0&edition=prelim).
(2) The term “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994 and the multilateral trade agreements (as such term is defined in [section 3501(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/4&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The President shall seek information and advice from representative elements of the private sector and the non-Federal governmental sector with respect to—
(A) negotiating objectives and bargaining positions before entering into a trade agreement under this subchapter or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim);
(B) the operation of any trade agreement once entered into, including preparation for dispute settlement panel proceedings to which the United States is a party; and
(C) other matters arising in connection with the development, implementation, and administration of the trade policy of the United States, including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order Numbered 12188, and the priorities for actions thereunder.
To the maximum extent feasible, such information and advice on negotiating objectives shall be sought and considered before the commencement of negotiations.
(2) The President shall consult with representative elements of the private sector and the non-Federal governmental sector on the overall current trade policy of the United States. The consultations shall include, but are not limited to, the following elements of such policy:
(A) The principal multilateral and bilateral trade negotiating objectives and the progress being made toward their achievement.
(B) The implementation, operation, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes.
(C) The actions taken under the trade laws of the United States and the effectiveness of such actions in achieving trade policy objectives.
(D) Important developments in o
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2191
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1)
(A) The term “Agreement” means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).
(B) The term “GATT 1994” has the meaning given that term in [section 3501(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/B&num=0&edition=prelim).
(2) The term “Agreement country” means a foreign country that has accepted the Agreement.
(3) The term “Trade Representative” means the United States Trade Representative.
**(b) Petition by domestic industry**
(1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that—
(A) such merchandise is being dumped in an Agreement country; and
(B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping;
submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry.
(2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition.
**(c) Application for antidumping action on behalf of domestic industry**
(1) If the Trade Representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping
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Federal law — U.S. Code and appendices · legal_authorities
Page 820
TITLE 19—CUSTOMS DUTIES
§ 2905
has failed to make concessions under trade
agreements entered into under section 2902(a)
and (b) of this title which provide competitive
opportunities for the commerce of the United
States in such country substantially equivalent
to the competitive opportunities, provided by
concessions made by the United States under
trade agreements entered into under section
2902(a) and (b) of this title, for the commerce of
such country in the United States.
(2) If the President determines under para-
graph (1) that a major industrial country has
not made concessions under trade agreements
entered into under section 2902(a) and (b) of this
title which provide substantially equivalent
competitive opportunities for the commerce of
the United States, the President shall, either
generally with respect to such country or by ar-
ticle produced by such country, in order to re-
store equivalence of competitive opportunities,
recommend to the Congress—
(A) legislation providing for the termination
or denial of the benefits of concessions of
trade agreements entered into under section
2902(a) and (b) of this title that have been
made with respect to rates of duty or other
import restrictions imposed by the United
States, and
(B) legislation providing that any law nec-
essary to carry out any trade agreement under
section 2902(a) or (b) of this title not apply to
such country.
(3) For purposes of this subsection, the term
‘‘major industrial country’’ means Canada, the
European Communities, the individual member
countries of the European Communities, Japan,
and any other foreign country designated by the
President for purposes of this subsection.
(Pub. L. 100–418, title I, § 1105, Aug. 23, 1988, 102
Stat. 1132.)
§ 2905. A
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