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19 U.S.C. § 2135 — Compensation authority

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

19 U.S.C. § 2135 — Compensation authority

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Stable record: federal_law:legal_authorities:record_usc_6431efdc60571ba71adae656
Source file: Laws/federal/codes/united-states-code/title-19/section-2135-compensation-authority--cd4b62a93f.md
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Source location: Title 19, Chapter 12, § 2135; chapter-012-trade-act-of-1974.md

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**(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=prelim). (3) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of— (A) the difference between such limitation and the next lower whole number, or (B) one-half of 1 percent ad valorem. (4) Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant action under sections 2253(e) and 2254 of this title. **(c) Consideration of past violations of trade concessions** Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality. **(d) Basic authority for trade agreements as authority for granting new concessions as compensation** Notwithstanding the provisions of subsection (a), the authority delegated under [section 2902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902&num=0&edition=prelim) shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates. **(e) International obligations determination prerequisite to application of authority** The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.

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

19 U.S.C. § 2251 — Estimates of barriers to market access

**(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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19 U.S.C. § 2902 — Trade agreement negotiating authority

**(a) Agreements regarding tariff barriers** (1) Whenever the President determines that one or more 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, policies, and objectives of this title will be promoted thereby, the President— (A) before June 1, 1993, may enter into trade agreements with foreign countries; and (B) may, subject to paragraphs (2) through (5), proclaim— (i) such modification or continuance of any existing duty, (ii) such continuance of existing duty-free or excise treatment, or (iii) such additional duties; as he determines to be required or appropriate to carry out any such trade agreement. (2) No proclamation may be made under subsection (a) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 23, 1988) to a rate which is less than 50 percent of the rate of such duty that applies on August 23, 1988; or (B) increases any rate of duty above the rate that applies on August 23, 1988. (3) (A) Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed in paragraph (1) to carry out such agreement with respect to such article. (B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed u

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19 U.S.C. § 2253 — Action to facilitate positive adjustment to import competition

**(a) Presidential action** If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. **(b) Positive adjustment to import competition** (1) For purposes of this part, a positive adjustment to import competition occurs when— (A) the domestic industry— (i) is able to compete successfully with imports after actions taken under [section 2254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2254&num=0&edition=prelim) terminate, or (ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and (B) dislocated workers in the industry experience an orderly transition to productive pursuits. (2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-sectio

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19 U.S.C. § 1313 — Drawback and refunds

**(a) Articles made from imported merchandise** Upon the exportation or destruction under customs supervision of articles manufactured or produced in the United States with the use of imported merchandise, provided that those articles have not been used prior to such exportation or destruction, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback, except that duties shall not be so refunded upon the exportation or destruction of flour or by-products produced from imported wheat. Where two or more products result from the manipulation of imported merchandise, the drawback shall be distributed to the several products in accordance with their relative values at the time of separation. **(b) Substitution for drawback purposes** (1) **In general** — If imported duty-paid merchandise or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be allowed upon the exportation, or destruction under customs supervision, of any such articles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l), but only if those articles have not been used prior to such exportation or destruction. (2) **Requirements relating to transfer of merchandise** (A) *Manufacturers and producers* — Drawback shall be allowed under paragraph (1) with respect to an article manufactured or produced usin

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

19 U.S.C. § 1885 — Termination of proclamations

**(a)** Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. **(b)** The President may at any time terminate, in whole or in part, any proclamation made under this subchapter.

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

19 U.S.C. § 2137 — Termination and withdrawal authority

**(a) Grant of authority for termination or withdrawal at end of period specified in agreement** Every trade agreement entered into under this chapter shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months’ notice. **(b) Authority to terminate proclamations at any time** The President may at any time terminate, in whole or in part, any proclamation made under this chapter. **(c) Increased duties or other import restrictions following withdrawal, suspension, or modification of obligations with respect to trade of foreign countries or instrumentalities** Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this chapter, [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821&num=0&edition=prelim), or [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim), withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. No proclamation shall be made under this subsection increasing any existing du

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

19 U.S.C. § 2503 — Auction of import licenses

**(a) In general** Notwithstanding any other provision of law, the President may sell import licenses at public auction under such terms and conditions as he deems appropriate. Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers. **(b) “Import license” defined** For purposes of this section, the term “import license” means any documentation used to administer a quantitative restriction imposed or modified after July 26, 1979 under— (1) section 125, 203, 301, or 406 of the Trade Act of 1974 ([19 U.S.C. 2135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2135&num=0&edition=prelim), 2253, 2411, or 2436), (2) the International Emergency Economic Powers Act ([50 U.S.C. 1701–170](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701–170&num=0&edition=prelim)6), (3) authority under the notes of the Harmonized Tariff Schedule of the United States, but not including any quantitative restriction imposed under section 22 of the Agricultural Adjustment Act of 1934 ([7 U.S.C. 624](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section624&num=0&edition=prelim)), (4) the Trading With the Enemy Act (50 U.S.C. App. 1–44),11 See References in Text note below. (5) section 204 of the Agricultural Act of 1956 ([7 U.S.C. 1854](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1854&num=0&edition=prelim)) other than for meat or meat products, or (6) any Act enacted explicitly for the purpose of implementing an international agreement to which the United States is a party, including such agreements relating to

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19 U.S.C. § 2803 — Designation of major wine trading countries

**(a)** The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries represented 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 barriers 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 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); (2) such relevant actions that may have been taken by that country or group since that review was conducted; and (3) such information as may be submitted under [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2805&num=0&edition=prelim) by representatives of the wine and grape products industries in the United States, as well as other sources.

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19 U.S.C. § 2804 — Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine

**(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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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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