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19 U.S.C. § 2461 — Repealed.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
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 Stat. 2065, related to East-West Foreign Trade Board.
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Source file: Laws/federal/codes/united-states-code/title-19/section-2461-repealed-pub-l-105362-title-xiv-1401-b-2-nov-10-1998-112-stat-3294-pub-l--a950c454b0.md
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Source location: Title 19, Chapter 12, § 2461; chapter-012-trade-act-of-1974.md
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### Statutory Notes
Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 Stat. 2065, related to East-West Foreign Trade Board.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Trade Act of 1974”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential proclamation** Subject to the provisions of [section 2435(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435/c&num=0&edition=prelim), the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in [section 2435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435&num=0&edition=prelim).
**(b) Limitation on period of effectiveness** The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this subchapter which has entered into an agreement with the United States regarding the settlement of lendlease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement.
**(c) Suspension or withdrawal of extensions of nondiscriminatory treatment** The President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a) and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2436
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to designate countries**
(1) **Beneficiary developing countries** — The President is authorized to designate countries as beneficiary developing countries for purposes of this subchapter.
(2) **Least-developed beneficiary developing countries** — The President is authorized to designate any beneficiary developing country as a least-developed beneficiary developing country for purposes of this subchapter, based on the considerations in [section 2461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) and subsection (c) of this section.
**(b) Countries ineligible for designation**
(1) **Specific countries** — The following countries may not be designated as beneficiary developing countries for purposes of this subchapter:
(A) Australia.
(B) Canada.
(C) European Union member states.
(D) Iceland.
(E) Japan.
(F) Monaco.
(G) New Zealand.
(H) Norway.
(I) Switzerland.
(2) **Other bases for ineligibility** — The President shall not designate any country a beneficiary developing country under this subchapter if any of the following applies:
(A) Such country is a Communist country, unless—
(i) the products of such country receive nondiscriminatory treatment,
(ii) such country is a WTO Member (as such term is defined in [section 3501(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/10&num=0&edition=prelim)) and a member of the International Monetary Fund, and
(iii) such country is not dominated or controlled by international communism.
(B) Such country is a party to an arrangement of countries and participates in any action pursuant to such arrangement, the effect of which is—
(i) to withhold s
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2464
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible articles**
(1) **Designation**
(A) *In general* — Except as provided in subsection (b), the President is authorized to designate articles as eligible articles from all beneficiary developing countries for purposes of this subchapter by Executive order or Presidential proclamation after receiving the advice of the International Trade Commission in accordance with subsection (e).
(B) *Least-developed beneficiary developing countries* — Except for articles described in subparagraphs (A), (B), and (E) of subsection (b)(1) and articles described in paragraphs (2) and (3) of subsection (b), the President may, in carrying out [section 2462(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462/d/1&num=0&edition=prelim) and subsection (c)(1) of this section, designate articles as eligible articles only for countries designated as least-developed beneficiary developing countries under [section 2462(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462/a/2&num=0&edition=prelim) if, after receiving the advice of the International Trade Commission in accordance with subsection (e) of this section, the President determines that such articles are not import-sensitive in the context of imports from least-developed beneficiary developing countries.
(C) *Three-year rule* — If, after receiving the advice of the International Trade Commission under subsection (e), an article has been formally considered for designation as an eligible article under this subchapter and denied such designation, such article may not be reconsidered for such designation for a period of 3 years after such denial.
(2) **Rule of origin**
(A) *General rule* — The duty-free treatment provided
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2465
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Federal law — U.S. Code and appendices · legal_authorities
The President shall submit an annual report to the Congress on the status of internationally recognized worker rights within each beneficiary developing country, including the findings of the Secretary of Labor with respect to the beneficiary country’s implementation of its international commitments to eliminate the worst forms of child labor.
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Federal law — U.S. Code and appendices · legal_authorities
No duty-free treatment provided under this subchapter shall remain in effect after December 31, 2020.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2466a
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Federal law — U.S. Code and appendices · legal_authorities
The appropriate agencies of the United States shall assist beneficiary developing countries to develop and implement measures designed to assure that the agricultural sectors of their economies are not directed to export markets to the detriment of the production of foodstuffs for their citizenry.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2466b
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **Beneficiary developing country** — The term “beneficiary developing country” means any country with respect to which there is in effect an Executive order or Presidential proclamation by the President designating such country as a beneficiary developing country for purposes of this subchapter.
(2) **Country** — The term “country” means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of countries which is a free trade area or customs union, or which is contributing to comprehensive regional economic integration among its members through appropriate means, including, but not limited to, the reduction of duties, the President may by Executive order or Presidential proclamation provide that all members of such association other than members which are barred from designation under [section 2462(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462/b&num=0&edition=prelim) shall be treated as one country for purposes of this subchapter.
(3) **Entered** — The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(4) **Internationally recognized worker rights** — The term “internationally recognized worker rights” includes—
(A) the right of association;
(B) the right to organize and bargain collectively;
(C) a prohibition on the use of any form of forced or compulsory labor;
(D) a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and
(E) acceptable conditions of work with respect to minimum wages,
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2482
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions; termination of designation**
(1) For purposes of this chapter—
(A) The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
(B) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(C) The term “HTS” means Harmonized Tariff Schedule of the United States.
(D) The term “USMCA” has the meaning given that term in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim).
(E) The terms “WTO” and “WTO member” have the meanings given those terms in [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim).
(F) The term “former beneficiary country” means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.
(2) If the President has designated any country as a beneficiary country for purposes of this chapter, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and th
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2702
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Growth, product, or manufacture of beneficiary countries**
(1) Unless otherwise excluded from eligibility by this chapter, and subject to section 423 of the Tax Reform Act of 1986, and except as provided in subsection (b)(2) and (3), the duty-free treatment provided under this chapter shall apply to any article which is the growth, product, or manufacture of a beneficiary country if—
(A) that article is imported directly from a beneficiary country into the customs territory of the United States; and
(B) the sum of (i) the cost or value of the materials produced in a beneficiary country or two or more beneficiary countries, plus (ii) the direct costs of processing operations performed in a beneficiary country or countries is not less than 35 per centum of the appraised value of such article at the time it is entered.
For purposes of determining the percentage referred to in subparagraph (B), the term “beneficiary country” includes the Commonwealth of Puerto Rico, the United States Virgin Islands, and any former beneficiary country. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 per centum of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B).
(2) The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this subsection including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this chapter, an article must be wholly the growth, product, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2703
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