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19 U.S.C. § 2251 — Estimates of barriers to market access
Federal law — U.S. Code and appendices · legal_authorities
**(a) National trade estimates**
(1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall—
(A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of—
(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons),
(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and
(iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon.
(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and
(C) make an estimate, if feasible, of—
(i) the value of additional goods and services of the United States,
(ii) the value of additional foreign direct investment by United States persons, and
(iii) the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such ca
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Source file: Laws/federal/codes/united-states-code/title-19/section-2251-estimates-of-barriers-to-market-access--91ee5c57f4.md
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Source location: Title 19, Chapter 12, § 2251; chapter-012-trade-act-of-1974.md
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**(a) National trade estimates**
(1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall—
(A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of—
(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons),
(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and
(iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon.
(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and
(C) make an estimate, if feasible, of—
(i) the value of additional goods and services of the United States,
(ii) the value of additional foreign direct investment by United States persons, and
(iii) the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such calendar year if each of such acts, policies, and practices of such country did not exist.
(2) **Certain factors taken into account in making analysis and estimate** — In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account—
(A) the relative impact of the act, policy, or practice on United States commerce;
(B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice;
(C) the extent to which such act, policy, or practice is subject to international agreements to which the United States is a party;
(D) any advice given through appropriate committees established pursuant to [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim); and
(E) the actual increase in—
(i) the value of goods and services of the United States exported to,
(ii) the value of foreign direct investment made in, and
(iii) the value of electronic commerce transacted with,
the foreign country during the calendar year for which the estimate under paragraph (1)(C) is made.
(3) **Inclusion of certain discriminatory laws, policies, and practices of the Russian Federation** — For calender 44 So in original. Probably should be “calendar”. year 2012 and each succeeding calendar year, the Trade Representative shall include in the analyses and estimates under paragraph (1) an identification and analysis of any laws, policies, or practices of the Russian Federation that deny fair and equitable market access to United States digital trade.
(4) **Annual revisions and updates** — The Trade Representative shall annually revise and update the analysis and estimate under paragraph (1).
**(b) Reports**
(1) **In general** — On or before April 30, 1989, and on or before March 31 of each succeeding calendar year, the Trade Representative shall submit a report on the analysis and estimates made under subsection (a) for the calendar year preceding such calendar year (which shall be known as the “National Trade Estimate”) to the President, the Committee on Finance of the Senate, and appropriate committees of the House of Representatives.
(2) **Reports to include information with respect to action being taken** — The Trade Representative shall include in each report submitted under paragraph (1) information with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsection (a), including, but not limited to—
(A) any action under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim),
(B) negotiations or consultations with foreign governments, or
(C) a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services.
(3) **Consultation with Congress on trade policy priorities** — The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. After the submission of the report required by paragraph (1), the Trade Representative shall also consult periodically with, and take into account the views of, the committees described in that paragraph regarding means to address the foreign trade barriers identified in the report, including the possible initiation of investigations under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) or other trade actions.
**(c) Assistance of other agencies**
(1) **Furnishing of information** — The head of each department or agency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. In preparing the section of the report required by subsection (b)(2)(C), the Trade Representative shall consult in particular with the Attorney General.
(2) **Restrictions on release or use of information** — Nothing in this subsection shall authorize the release of information to, or the use of information by, the Trade Representative in a manner inconsistent with law or any procedure established pursuant thereto.
(3) **Personnel and services** — The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Trade Representative may request to assist in carrying out his functions.
**(d) Electronic commerce** For purposes of this section, the term “electronic commerce” has the meaning given that term in section 1104(3) 55 So in original. See References in Text note below. of the Internet Tax Freedom Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
**(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 2003 through 2007 to carry out the purposes of this part, and there are authorized to be appropriated and there are appropriated to the Department of Agriculture to carry out this part $9,000,000 for the 3-month period beginning on October 1, 2007.11 See Application of Subsection (a) note below.
**(b) Proportionate reduction** If in any year the amount appropriated under this part is insufficient to meet the requirements for adjustment assistance payable under this part, the amount of assistance payable under this part shall be reduced proportionately.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Repayment** — If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this part to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such person; and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) **Recovery of overpayment** — Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
**(b) False statement** A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
(1) if the Secretary, or a court of competent jurisdiction, determines that the person—
(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or
(B) knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.
**(c) Notice and determination** Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determ
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Communications Act of 1934.”
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General objectives** The general objectives of the United States under this subchapter are—
(1) to ensure that parts II and III of the Agreement on Subsidies and Countervailing Measures referred to in [section 3511(d)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/12&num=0&edition=prelim) (hereafter in this section referred to as the “Subsidies Agreement”) are effective in disciplining the use of subsidies and in remedying the adverse effects of subsidies, and
(2) to ensure that part IV of the Subsidies Agreement does not undermine the benefits derived from any other part of that Agreement.
**(b) Specific objective** The specific objective of the United States under this subchapter shall be to create a mechanism which will provide for an ongoing review of the operation of part IV of the Subsidies Agreement.
**(c) Sunset of noncountervailable subsidies provisions**
(1) **In general** — Subparagraphs (B), (C), (D), and (E) of section 1677(5B) of this title shall cease to apply as provided in subparagraph (G)(i) of such section, unless, before the date referred to in such subparagraph (G)(i)—
(A) the Subsidies Committee determines to extend Articles 6.1, 8, and 9 of the Subsidies Agreement as in effect on the date on which the Subsidies Agreement enters into force or in a modified form, in accordance with Article 31 of such Agreement,
(B) the President consults with the Congress in accordance with paragraph (2), and
(C) an implementing bill is submitted and enacted into law in accordance with paragraphs (3) and (4).11 See Codification note below.
(2) **Consultation with Congress before Subsidies Committee agrees to extend** — Before a determination is made by the Subsidies Committee to extend Artic
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General banking business; use of mails; publication of documents, reports, contracts, etc.; use of assets and allocated or borrowed money; payment of dividends; medium-term financing; dissemination of information; enhancement of medium-term program**
(1) There is created a corporation with the name Export-Import Bank of the United States, which shall be an agency of the United States of America. The objects and purposes of the Bank shall be to aid in financing and to facilitate exports of goods and services, imports, and the exchange of commodities and services between the United States or any of its territories or insular possessions and any foreign country or the agencies or nationals of any such country, and in so doing to contribute to the employment of United States workers. The Bank’s objective in authorizing loans, guarantees, insurance, and credits shall be to contribute to maintaining or increasing employment of United States workers. In connection with and in furtherance of its objects and purposes, the bank is authorized and empowered to do a general banking business except that of circulation; to receive deposits; to purchase, discount, rediscount, sell, and negotiate, with or without its endorsement or guaranty, and to guarantee notes, drafts, checks, bills of exchange, acceptances, including bankers’ acceptances, cable transfers, and other evidences of indebtedness; to guarantee, insure, coinsure, and reinsure against political and credit risks of loss; to purchase, sell, and guarantee securities but not to purchase with its funds any stock in any other corporation except that it may acquire any such stock through the enforcement of any lien or pledge or otherwise to satisfy a previously contracted indebtedness to it; to accept bills and drafts draw
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Membership** The United States International Trade Commission (referred to in this subtitle as the “Commission”) shall be composed of six commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. No person shall be eligible for appointment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications requisite for developing expert knowledge of international trade problems and efficiency in administering the duties and functions of the Commission. A person who has served as a commissioner for more than 5 years (excluding service as a commissioner before January 3, 1975) shall not be eligible for reappointment as a commissioner. Not more than three of the commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable.
**(b) Terms of office** The terms of office of the commissioners holding office on January 3, 1975, which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that—
(1) any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and
(2) any commissioner may continue to serve as a commissioner after an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; public information** There is established in the Commission a separate office to be known as the Trade Remedy Assistance Office which shall provide full information to the public upon request and shall, to the extent feasible, provide assistance and advice to interested parties concerning—
(1) remedies and benefits available under the trade laws, and
(2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits.
**(b) Procedural assistance by Office and other agencies** The Trade Remedy Assistance Office, in coordination with each agency responsible for administering a trade law, shall provide technical and legal assistance and advice to eligible small businesses to enable them—
(1) to prepare and file petitions and applications (other than those which, in the opinion of the Office, are frivolous); and
(2) to seek to obtain the remedies and benefits available under the trade laws, including any administrative review or administrative appeal thereunder.
**(c) Definitions** For purposes of this section—
(1) The term “eligible small business” means any business concern which, in the agency’s judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and applications for remedies and benefits under trade laws. In determining whether a business concern is an “eligible small business”, the agency may consult with the Small Business Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that business concern. An agency decision regarding whether a business concern is an eligible small business for purposes of this section is not r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; functions; membership and composition; participation of representatives of other agencies; meetings**
(1) The President shall establish an interagency organization.
(2) The functions of the organization are—
(A) to assist, and make recommendations to, the President in carrying out the functions vested in him by the trade laws and to advise the United States Trade Representative (hereinafter in this section referred to as the “Trade Representative”) in carrying out the functions set forth in [section 2171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171&num=0&edition=prelim);
(B) to assist the President, and advise the Trade Representative, with respect to the development and implementation of the international trade policy objectives of the United States; and
(C) to advise the President and the Trade Representative with respect to the relationship between the international trade policy objectives of the United States and other major policy areas which may significantly affect the overall international trade policy and trade competitiveness of the United States.
(3) The interagency organization shall be composed of the following:
(A) The Trade Representative, who shall be chairperson.
(B) The Secretary of Commerce.
(C) The Secretary of State.
(D) The Secretary of the Treasury.
(E) The Secretary of Agriculture.
(F) The Secretary of Labor.
The Trade Representative may invite representatives from other agencies, as appropriate, to attend particular meetings if subject matters of specific functional interest to such agencies are under consideration. It shall meet at such times and with respect to such matters as the President or the Chairman shall direct.
**(b) Duties** In as
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