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19 U.S.C. § 2439 — Procedure for Congressional approval or disapproval of extension of nondiscriminatory treatment and Presidential reports
Federal law — U.S. Code and appendices · legal_authorities
**(a) Transmission of nondiscriminatory treatment documents to Congress** Whenever the President issues a proclamation under [section 2434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2434&num=0&edition=prelim) extending nondiscriminatory treatment to the products of any foreign country, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor.
**(b) Transmission of freedom of emigration documents to Congress** The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 2432(b) or 2439(b) of this title with respect to a nonmarket economy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a document containing the report required by section 2432(b) or 2439(b) of this title as the case may be, to be submitted on or before such December 31.
**(c) Effective date of proclamations and agreements; disapproval of reports**
(1) In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in [section 2191(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191/b/3&num=0&edition=prelim) that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.
(2) In the case of a document referred to in subsection (b) which contains a report submitted by th
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Source location: Title 19, Chapter 12, § 2439; chapter-012-trade-act-of-1974.md
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**(a) Transmission of nondiscriminatory treatment documents to Congress** Whenever the President issues a proclamation under [section 2434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2434&num=0&edition=prelim) extending nondiscriminatory treatment to the products of any foreign country, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor.
**(b) Transmission of freedom of emigration documents to Congress** The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 2432(b) or 2439(b) of this title with respect to a nonmarket economy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a document containing the report required by section 2432(b) or 2439(b) of this title as the case may be, to be submitted on or before such December 31.
**(c) Effective date of proclamations and agreements; disapproval of reports**
(1) In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in [section 2191(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191/b/3&num=0&edition=prelim) that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.
(2) In the case of a document referred to in subsection (b) which contains a report submitted by the President under section 2432(b) or 2439(b) of this title with respect to a nonmarket economy country, if, before the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, a joint resolution described in [section 2192(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/a/1/B&num=0&edition=prelim) is enacted into law that disapproves of the report submitted by the President with respect to such country, then, beginning with the day after the end of the 60-day period beginning with the date of the enactment of such resolution of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the products of such country, and the products of such country shall be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States, (B) such country may not participate in any program of the Government of the United States which extends credit or credit guarantees or investment guarantees, and (C) no commercial agreement may thereafter be concluded with such country under this subchapter. If the President vetoes the joint resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of such 90-day period or the last day of the 15-day period (excluding any day described in [section 2194(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2194/b&num=0&edition=prelim)) beginning on the date the Congress receives the veto message from the President.
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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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Publication of Harmonized Tariff Schedule
The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402.
#### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule
Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions of nonmarket economy countries making them ineligible for normal trade relations, programs of credits, credit guarantees, or investment guarantees, or commercial agreements** To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after January 3, 1975, products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (normal trade relations), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—
(1) denies its citizens the right or opportunity to emigrate;
(2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice,
and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).
**(b) Presidential determination and report to Congress that nation is not violating freedom of emigration** After January 3, 1975, (A) products of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (normal trade relations), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees,
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Federal law — U.S. Code and appendices · legal_authorities
**(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
The purposes of this chapter are—
(1) to approve the International Convention on the Harmonized Commodity Description and Coding System;
(2) to implement in United States law the nomenclature established internationally by the Convention; and
(3) to provide that the Convention shall be treated as a trade agreement obligation of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Page 693
TITLE 19—CUSTOMS DUTIES
§ 2439
1 So in original.
day described in section 2194(b) of this title) be-
ginning on the date the Congress receives the
veto message from the President.
(Pub. L. 93–618, title IV, § 407, Jan. 3, 1975, 88
Stat. 2063; Pub. L. 100–418, title I, § 1214(j)(4),
Aug. 23, 1988, 102 Stat. 1158; Pub. L. 101–382, title
I, § 132(b)(3), (c)(1), Aug. 20, 1990, 104 Stat. 646.)
Editorial Notes
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States,
referred to in subsec. (c)(2), is not set out in the Code.
See Publication of Harmonized Tariff Schedule note set
out under section 1202 of this title.
AMENDMENTS
1990—Subsec. (c)(1). Pub. L. 101–382, § 132(b)(3)(A),
added par. (1) and struck out former par. (1) which read
as follows: ‘‘In the case of a document referred to in
subsection (a) of this section (other than a document to
which paragraph (2) applies), the proclamation set
forth therein may become effective and the agreement
set forth therein may enter into force and effect only
if the House of Representatives and the Senate adopt,
by an affirmative vote of a majority of those present
and voting in each House, a concurrent resolution of
approval (under the procedures set forth in section 2191
of this title) of the extension of nondiscriminatory
treatment to the products of the country concerned.’’
Subsec. (c)(2). Pub. L. 101–382 struck out par. (2) and
redesignated par. (3) as (2), and substituted ‘‘a joint res-
olution described in section 2192(a)(1)(B) of this title is
enacted into law that disapproves’’ for ‘‘either the
House of Representatives or the Senate adopts, by an
affirmative vote of a majority of those present and vot-
ing in that House, a resolution of disapproval (under
the procedures se
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