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19 U.S.C. § 2441 — Freedom to emigrate to join a very close relative in United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sanctions for emigration restrictions** To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after January 3, 1975, no nonmarket economy country shall 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 join permanently through emigration, a very close relative in the United State,11 So in original. such as a spouse, parent, child, brother, or sister;
(2) imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); 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 as described in paragraph (1),
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) Report to Congress concerning emigration policies** After January 3, 1975, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such
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Source file: Laws/federal/codes/united-states-code/title-19/section-2441-freedom-to-emigrate-to-join-a-very-close-relative-in-united-states--d55303508c.md
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Source location: Title 19, Chapter 12, § 2441; chapter-012-trade-act-of-1974.md
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**(a) Sanctions for emigration restrictions** To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after January 3, 1975, no nonmarket economy country shall 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 join permanently through emigration, a very close relative in the United State,11 So in original. such as a spouse, parent, child, brother, or sister;
(2) imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); 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 as described in paragraph (1),
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) Report to Congress concerning emigration policies** After January 3, 1975, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter, so long as such credits or guarantees are extended or such agreement is in effect.
**(c) Exemption from application of section** This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975.
**(d) Additional exemption from application of section** During any period that a waiver is in effect with respect to any nonmarket economy country under [section 2432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2432/c&num=0&edition=prelim), the provisions of subsections (a) and (b) shall not apply with respect to such country.
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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).
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
Any reference in any law to the “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference that clearly refers to the old Schedules shall be treated as a reference to the Harmonized Tariff Schedule.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential authority to enter into agreement; modification or continuance of existing duties** Whenever the President determines that any 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 of this chapter will be promoted thereby, the President—
(1) during the 5-year period beginning on January 3, 1975, may enter into trade agreements with foreign countries or instrumentalities thereof; and
(2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.
**(b) Limitation on authority to decrease duty**
(1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975.
(2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem.
**(c) Limitation on authority to increase duty** No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the following:
(1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975, or
(2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975.
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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
Page 694
TITLE 19—CUSTOMS DUTIES
§ 2440
antees are extended or such agreement is in ef-
fect.
(c) Exemption from application of section
This section shall not apply to any country
the products of which are eligible for the rates
set forth in rate column numbered 1 of the Tar-
iff Schedules of the United States on January 3,
1975.
(d) Additional exemption from application of sec-
tion
During any period that a waiver is in effect
with respect to any nonmarket economy coun-
try under section 2432(c) of this title, the provi-
sions of subsections (a) and (b) shall not apply
with respect to such country.
(Pub. L. 93–618, title IV, § 409, Jan. 3, 1975, 88
Stat. 2064.)
Editorial Notes
REFERENCES IN TEXT
The Tariff Schedules of the United States, referred to
in subsec. (c), to be treated as a reference to the Har-
monized Tariff Schedule, pursuant to section 3012 of
this title. The Harmonized Tariff Schedule is not set
out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of congressional reporting functions
of President under subsec. (b) of this section, see sec-
tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073,
set out as a note under section 301 of Title 3, The Presi-
dent.
§ 2440. Repealed. Pub. L. 104–295, § 17, Oct. 11,
1996, 110 Stat. 3524
Section, Pub. L. 93–618, title IV, § 410, Jan. 3, 1975, 88
Stat. 2065, related to establishment and maintenance of
East-West Trade Statistics Monitoring System.
§ 2441. Repealed. Pub. L. 105–362, title XIV,
§ 1401(b)(2), Nov. 10, 1998, 112 Stat. 3294; Pub.
L. 106–36, title I, § 1001(a)(4), June 25, 1999,
113 Stat. 130
Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88
Stat. 2
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2441
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