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19 U.S.C. § 2151 — Reservation of articles for national security or other reasons
Federal law — U.S. Code and appendices · legal_authorities
**(a) National security considerations** No proclamation shall be made pursuant to the provisions of this chapter reducing or eliminating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.
**(b) Action taken under other laws** While there is in effect with respect to any article any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim), or section 1862 or 1981 of this title, the President shall reserve such article from negotiations under this subchapter (and from any action under [section 2132(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2132/c&num=0&edition=prelim)) contemplating reduction or elimination of—
(A) any duty on such article,
(B) any import restriction imposed under such section, or
(C) any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B).
In addition, the President shall also so reserve any other article which he determines to be appropriate, taking into consideration information and advice available pursuant to and with respect to the matters covered by sections 2151, 2152, and 2153 of this title, where applicable.
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Stable record: federal_law:legal_authorities:record_usc_999dedc7b0438625c8926a73
Source file: Laws/federal/codes/united-states-code/title-19/section-2151-reservation-of-articles-for-national-security-or-other-reasons--97d312b9df.md
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Source location: Title 19, Chapter 12, § 2151; chapter-012-trade-act-of-1974.md
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**(a) National security considerations** No proclamation shall be made pursuant to the provisions of this chapter reducing or eliminating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.
**(b) Action taken under other laws** While there is in effect with respect to any article any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim), or section 1862 or 1981 of this title, the President shall reserve such article from negotiations under this subchapter (and from any action under [section 2132(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2132/c&num=0&edition=prelim)) contemplating reduction or elimination of—
(A) any duty on such article,
(B) any import restriction imposed under such section, or
(C) any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B).
In addition, the President shall also so reserve any other article which he determines to be appropriate, taking into consideration information and advice available pursuant to and with respect to the matters covered by sections 2151, 2152, and 2153 of this title, where applicable.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on decrease or elimination of duties or other import restrictions if such reduction or elimination would threaten to impair national security** No action shall be taken pursuant to [section 1821(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821/a&num=0&edition=prelim) or pursuant to [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim) to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the national security.
**(b) Investigations by Secretary of Commerce to determine effects on national security of imports of articles; consultation with Secretary of Defense and other officials; hearings; assessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations**
(1)
(A) Upon request of the head of any department or agency, upon application of an interested party, or upon his own motion, the Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall immediately initiate an appropriate investigation to determine the effects on the national security of imports of the article which is the subject of such request, application, or motion.
(B) The Secretary shall immediately provide notice to the Secretary of Defense of any investigation initiated under this section.
(2)
(A) In the course of any investigation conducted under this subsection, the Secretary shall—
(i) consult with the Secretary of Defense regarding the methodological and policy questions raised in any investigation initiated under paragraph (1),
(ii) seek informatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1862
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2253
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–618, title I, § 127(c), Jan. 3, 1975, 88 Stat. 1993, directed that reports to Congress be submitted annually and within 60 days after any action was taken under [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1862&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal of section applicable with respect to investigations initiated under [section 1862(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1862/b&num=0&edition=prelim) on or after Aug. 23, 1988, see section 1501(d)(1) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1862&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1863
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1841, Pub. L. 87–794, title II, § 221, Oct. 11, 1962, 76 Stat. 874, made provision for the giving of advice by the Tariff Commission [now the United States International Trade Commission] concerning trade agreements. See [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim).
Section 1842, Pub. L. 87–794, title II, § 222, Oct. 11, 1962, 76 Stat. 875, made provision for the giving of advice by other sources concerning trade agreements. See [section 2152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2152&num=0&edition=prelim).
Section 1843, Pub. L. 87–794, title II, § 223, Oct. 11, 1962, 76 Stat. 875, provided for public hearings in connection with proposed trade agreements. See [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2153&num=0&edition=prelim).
Section 1844, Pub. L. 87–794, title II, § 224, Oct. 11, 1962, 76 Stat. 875, set out prerequisites for offers for modification or continuance of duties or other import restrictions, or continuance of duty-free or excise treatment. See [section 2154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2154&num=0&edition=prelim).
Section 1845, Pub. L. 87–794, title II, § 225, Oct. 11, 1962, 76 Stat. 876, provided for the reservation of articles from trade negotiations. See [section 2137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2137&num=0&edition=prelim).
Section 1846, Pub. L. 87–794, title II, § 226, Oct. 11, 1962, 76 Stat. 876, provided for the transmission of agreements to Congress. See [section 2212 of this title](https://uscod
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1841 to 1846
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
**(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2155
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Federal law — U.S. Code and appendices · legal_authorities
Page 520
TITLE 19—CUSTOMS DUTIES
§ 2137
other import restriction or duty-free treatment
proclaimed in carrying out any trade agreement
under this subchapter shall apply to products of
all foreign countries, whether imported directly
or indirectly.
(b) Presidential determination of whether major
industrial countries have made substantially
equivalent concessions to the United States
The President shall determine, after the con-
clusion of all negotiations entered into under
this chapter or at the end of the 5-year period
beginning on January 3, 1975, whichever is ear-
lier, whether any major industrial country has
failed to make concessions under trade agree-
ments entered into under this chapter which
provide competitive opportunities for the com-
merce of the United States in such country sub-
stantially equivalent to the competitive oppor-
tunities, provided by concessions made by the
United States under trade agreements entered
into under this chapter, for the commerce of
such country in the United States.
(c) Major industrial countries
For purposes of this section, ‘‘major industrial
country’’ means Canada, the European Eco-
nomic Community, the individual member coun-
tries of such Community, Japan, and any other
foreign country designated by the President for
purposes of this subsection.
(Pub. L. 93–618, title I, § 126, Jan. 3, 1975, 88 Stat.
1992; Pub. L. 105–362, title XIV, § 1401(b)(1), Nov.
10, 1998, 112 Stat. 3294.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was
in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan.
3, 1975, 88 Stat. 1978, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see References in Text note set out under sec
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2151
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