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19 U.S.C. § 3810 — Application of certain provisions

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

19 U.S.C. § 3810 — Application of certain provisions

For purposes of applying sections 2135, 2136, and 2137 of this title— (1) any trade agreement entered into under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3803&num=0&edition=prelim) shall be treated as an agreement entered into under section 2111 or 2112 of this title, as appropriate; and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3803&num=0&edition=prelim) shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim).

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Source location: Title 19, Chapter 24, § 3810; chapter-024-bipartisan-trade-promotion-authority.md

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

19 U.S.C. § 1862 — Safeguarding national security

**(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

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

19 U.S.C. § 3803 — Trade agreements authority

**(a) Agreements regarding tariff barriers** (1) **In general** — 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, priorities, and objectives of this chapter will be promoted thereby, the President— (A) may enter into trade agreements with foreign countries before— (i) July 1, 2005; or (ii) July 1, 2007, if trade authorities procedures are extended under subsection (c); and (B) may, subject to paragraphs (2) and (3), 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 the President determines to be required or appropriate to carry out any such trade agreement. The President shall notify the Congress of the President’s intention to enter into an agreement under this subsection. (2) **Limitations** — No proclamation may be made under paragraph (1) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 6, 2002) to a rate of duty which is less than 50 percent of the rate of such duty that applies on August 6, 2002; (B) reduces the rate of duty below that applicable under the Uruguay Round Agreements, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on August 6, 2002. (3) **Aggregate reduction; exemption from staging** (A) *Aggregate reduction* — 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 agr

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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. § 2112 — Congressional statement of purpose

The purposes of this chapter are, through trade agreements affording mutual benefits— (1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade; (2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States; (3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade; (4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm,11 So in original. workers, and communities to adjust to changes in international trade flows; (5) to open up market opportunities for United States commerce in nonmarket economies; and (6) to provide fair and reasonable access to products of less developed countries in the United States market.

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

19 U.S.C. § 3810 — Application of certain provisions

Page 1028 TITLE 19—CUSTOMS DUTIES § 3808 (D) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and (E) the time frame for submitting the re- port required under section 3802(c)(8) of this title. (c) Request for meeting Upon the request of a majority of the Congres- sional Oversight Group, the President shall meet with the Congressional Oversight Group before initiating negotiations with respect to a trade agreement, or at any other time con- cerning the negotiations. (Pub. L. 107–210, div. B, title XXI, § 2107, Aug. 6, 2002, 116 Stat. 1017; Pub. L. 109–280, title XIV, § 1635(f)(6), Aug. 17, 2006, 120 Stat. 1171.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(4). Pub. L. 109–280 substituted ‘‘para- graphs’’ for ‘‘paragraph’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. § 3808. Additional implementation and enforce- ment requirements (a) In general At the time the President submits to the Con- gress the final text of an agreement pursuant to section 3805(a)(1)(C) of this title, the President shall also submit a plan for implementing and enforcing the agreement. The implementation and enforcement plan shall include the fol

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