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19 U.S.C. § 3106 — Review of trade agreement implementation by Trade Representative

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

19 U.S.C. § 3106 — Review of trade agreement implementation by Trade Representative

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Source location: Title 19, Chapter 19, § 3106; chapter-019-telecommunications-trade.md

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**(a) In general** (1) In conducting the annual analysis under section 181(a) of the Trade Act of 1974 ([19 U.S.C. 2241](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241&num=0&edition=prelim)), the Trade Representative shall review the operation and effectiveness of— (A) each trade agreement negotiated by reason of this chapter that is in force with respect to the United States; and (B) every other trade agreement regarding telecommunications products or services that is in force with respect to the United States. (2) In each review conducted under paragraph (1), the Trade Representative shall determine whether any act, policy, or practice of the foreign country that has entered into the agreement described in paragraph (1)— (A) is not in compliance with the terms of such agreement, or (B) otherwise denies, within the context of the terms of such agreement, to telecommunications products and services of United States firms mutually advantageous market opportunities in that foreign country. **(b) Review factors** (1) In conducting reviews under subsection (a), the Trade Representative shall consider any evidence of actual patterns of trade (including United States exports to a foreign country of telecommunications products and services, including sales and services related to those products) that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions or commitments of such country based on the international competitive position and export potential of such products and services. (2) The Trade Representative shall consult with the United States International Trade Commission with regard to the actual patterns of trade described in paragraph (1). **(c) Action in response to affirmative determination** (1) Any affirmative determination made by the Trade Representative under subsection (a)(2) with respect to any act, policy, or practice of a foreign country shall, for purposes of chapter 1 of title III of the Trade Act of 1974 [[19 U.S.C. 2411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) et seq.], be treated as an affirmative determination under section 304(a)(1)(A) of such Act [[19 U.S.C. 2414(a)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1/A&num=0&edition=prelim)] that such act, policy, or practice violates a trade agreement. (2) In taking actions under section 301 [[19 U.S.C. 2411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim)] by reason of paragraph (1), the Trade Representative 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 Trade Representative determines that actions against other economic sectors would be more effective in achieving compliance by the foreign country with the trade agreement that is the subject of the affirmative determination made under subsection (a)(2).

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

19 U.S.C. § 2241 — Change of name

**(a) Former United States Tariff Commission** The United States Tariff Commission (established by [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330&num=0&edition=prelim)) is renamed as the United States International Trade Commission. **(b) References in law and other documents** Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.

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

19 U.S.C. § 2411 — Fraud and recovery of overpayments

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2411

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

19 U.S.C. § 2101 — Agricultural Disaster Relief Trust Fund

**(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

19 U.S.C. § 2241 — Estimates of barriers to market access

Page 554 TITLE 19—CUSTOMS DUTIES § 2241 1 So in original. The semicolon probably should be a comma. 2 So in original. The comma probably should be a semicolon. 3 So in original. 4 So in original. Probably should be ‘‘calendar’’. preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be con- sidered to be a department or establishment for purposes of such chapter. (Pub. L. 93–618, title I, § 175(a)(1), Jan. 3, 1975, 88 Stat. 2011.) Editorial Notes CODIFICATION ‘‘Chapter 11 of title 31’’ and ‘‘such chapter’’ sub- stituted in text for ‘‘the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.)’’ and ‘‘such Act’’, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. PART 8—IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE ACTIONS § 2241. Estimates of barriers to market access (a) National trade estimates (1) In general For calendar year 1988, and for each suc- ceeding calendar year, the United States Trade Representative, through the inter- agency trade organization established pursu- ant to section 1872(a) of this title and with the assistance of the interagency advisory com- mittee established under section 2171(d)(2) of this title, shall— (A) identify and analyze acts, policies, or practices of each foreign country which con- stitute significant barriers to, or distortions of— (i) United States exports of goods or services (including agricultural commod- ities; and property protected by trade- marks, patents, and copyrights exported or licensed by United States persons), (ii) foreign direct investment by United States persons, especially if such invest- ment has

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2241

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

19 U.S.C. § 2411 — Actions by United States Trade Rep-

Page 659 TITLE 19—CUSTOMS DUTIES § 2411 ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–89 effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as a note under section 2317 of this title. TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. APPLICATION OF SUBSECTION (a) Subsection (a) of this section to be applied and ad- ministered by substituting ‘‘the 1-year period begin- ning on July 1, 2021’’ for ‘‘each of the fiscal years’’ and all that follows through ‘‘October 1, 2007’’, see section 406(a)(6) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Revival note preceding sec- tion 2271 of this title. SUBCHAPTER III—ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CER- TAIN FOREIGN TRADE PRACTICES § 2411. Actions by United States Trade Rep- resentative (a) Mandatory action (1) If the United States Trade Represen

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2411

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

19 U.S.C. § 2414 — Initiation of investigations

**(a) Petitions** (1) Any interested person may file a petition with the Trade Representative requesting that action be taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) and setting forth the allegations in support of the request. (2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the petition, shall determine whether to initiate an investigation. (3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. (4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing— (A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or (B) at such other time if a timely request therefor is made by the petitioner or by any interested person. **(b) Initiation of investigation by means other than petition** (1) (A) If the Trade Representative determines that an investigation should be in

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2414

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

19 U.S.C. § 2414 — Determinations by Trade Representative

Page 665 TITLE 19—CUSTOMS DUTIES § 2414 of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under this section on or after Aug. 23, 1988, and petitions filed, and investiga- tions initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title. § 2413. Consultation upon initiation of investiga- tion (a) In general (1) On the date on which an investigation is initiated under section 2412 of this title, the Trade Representative, on behalf of the United States, shall request consultations with the for- eign country concerned regarding the issues in- volved in such investigation. (2) If the investigation initiated under section 2412 of this title involves a trade agreement and a mutually acceptable resolution is not reached before the earlier of— (A) the close of the consultation period, if any, specified in the trade agreement, or (B) the 150th day after the day on which con- sultation was commenced, the Trade Representative shall promptly request proceedings on the matter under the formal dis- pute settlement procedures provided under such agreement. (3) The Trade Representative shall seek infor- mation and advice from the petitioner (if any) and the appropriate committees established pur- suant to section 2155 of this title in preparing United States presentations for consultations and dispute settlement proceedings. (b) Delay of request for consultations (1) Notwithstanding the provisions of sub- section (a)— (A) the United

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2414

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

19 U.S.C. § 3106 — Review of trade agreement implementa-

Page 831 TITLE 19—CUSTOMS DUTIES § 3106 (c) Negotiating period (1) For purposes of this section, the term ‘‘ne- gotiating period’’ means— (A) with respect to a priority foreign coun- try identified in the investigation conducted under section 3103(a) of this title, the 18-month period beginning on August 23, 1988, and (B) with respect to any foreign country iden- tified as a priority foreign country after the conclusion of such investigation, the 1-year period beginning on the date on which such identification is made. (2)(A) The negotiating period with respect to a priority foreign country may be extended for not more than two 1-year periods. (B) By no later than the date that is 15 days after the date on which the President extends the negotiating period with respect to any pri- ority foreign country, the President shall sub- mit to appropriate committees of the Congress a report on the status of negotiations with such country that includes— (i) a finding by the President that substan- tial progress is being made in negotiations with such country, and (ii) a statement detailing the reasons why an extension of such negotiating period is nec- essary. (d) Modification and termination authority The President may modify or terminate any action taken under subsection (a) if, after tak- ing into consideration the factors described in section 3103(b) of this title, the President deter- mines that changed circumstances warrant such modification or termination. (e) Report The President shall promptly inform the ap- propriate committees of the Congress of any ac- tion taken under subsection (a) or of the modi- fication or termination of any such action under subsection (d). (Pub. L. 100–418, title I, § 1376, Aug. 23, 1988, 102 Stat. 1220.) Editorial No

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3106

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