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19 U.S.C. § 3105 — Actions to be taken if no agreement obtained
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) If the President is unable, before the close of the negotiating period, to enter into an agreement under subtitle A with any priority foreign country identified under [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103&num=0&edition=prelim) which achieves the general negotiating objectives described in [section 3104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b&num=0&edition=prelim) as defined by the specific objectives established by the President for that country, the President shall take whatever actions authorized under subsection (b) that are appropriate and most likely to achieve such general negotiating objectives.
(2) In taking actions under paragraph (1), the President 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 President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1).
**(b) Actions authorized**
(1) The President is authorized to take any of the following actions under subsection (a) with respect to any priority foreign country:
(A) termination, withdrawal, or suspension of any portion of any trade agreement entered into with such country under—
(i) the Trade Act of 1974 [[19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.],
(ii) [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821&num=0&edition=prelim), or
(iii) [section 1351 of th
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Stable record: federal_law:legal_authorities:record_usc_a371313a33320a708942767a
Source file: Laws/federal/codes/united-states-code/title-19/section-3105-actions-to-be-taken-if-no-agreement-obtained--a6a457c401.md
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Source location: Title 19, Chapter 19, § 3105; chapter-019-telecommunications-trade.md
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**(a) In general**
(1) If the President is unable, before the close of the negotiating period, to enter into an agreement under subtitle A with any priority foreign country identified under [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103&num=0&edition=prelim) which achieves the general negotiating objectives described in [section 3104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b&num=0&edition=prelim) as defined by the specific objectives established by the President for that country, the President shall take whatever actions authorized under subsection (b) that are appropriate and most likely to achieve such general negotiating objectives.
(2) In taking actions under paragraph (1), the President 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 President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1).
**(b) Actions authorized**
(1) The President is authorized to take any of the following actions under subsection (a) with respect to any priority foreign country:
(A) termination, withdrawal, or suspension of any portion of any trade agreement entered into with such country under—
(i) the Trade Act of 1974 [[19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.],
(ii) [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821&num=0&edition=prelim), or
(iii) [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim),
with respect to any duty or import restriction imposed by the United States on any telecommunications product;
(B) actions described in section 301 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)];
(C) prohibition of purchases by the Federal Government of telecommunications products of such country;
(D) increases in domestic preferences under chapter 83 of title 41 for purchases by the Federal Government of telecommunications products of such country;
(E) suspension of any waiver of domestic preferences under chapter 83 of title 41 which may have been extended to such country pursuant to the Trade Agreements Act of 1979 with respect to telecommunications products or any other products;
(F) issuance of orders to appropriate officers and employees of the Federal Government to deny Federal funds or Federal credits for purchases of the telecommunications products of such country; and
(G) suspension, in whole or in part, of benefits accorded articles of such country under title V of the Trade Act of 1974 ([19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim), et seq.).
(2) Notwithstanding section 125 of the Trade Act of 1974 [[19 U.S.C. 2135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2135&num=0&edition=prelim)] and any other provision of law, if any portion of a trade agreement described in paragraph (1)(A) is terminated, withdrawn, or suspended under paragraph (1) with respect to any duty imposed by the United States on the products of a foreign country, the rate of such duty that shall apply to such products entered, or withdrawn from warehouse for consumption, after the date on which such termination, withdrawal, or suspension takes effect shall be a rate determined by the President.
**(c) Negotiating period**
(1) For purposes of this section, the term “negotiating period” means—
(A) with respect to a priority foreign country identified in the investigation conducted under [section 3103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/a&num=0&edition=prelim), the 18-month period beginning on August 23, 1988, and
(B) with respect to any foreign country identified 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 priority foreign country, the President shall submit 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 substantial progress is being made in negotiations with such country, and
(ii) a statement detailing the reasons why an extension of such negotiating period is necessary.
**(d) Modification and termination authority** The President may modify or terminate any action taken under subsection (a) if, after taking into consideration the factors described in [section 3103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/b&num=0&edition=prelim), the President determines that changed circumstances warrant such modification or termination.
**(e) Report** The President shall promptly inform the appropriate committees of the Congress of any action taken under subsection (a) or of the modification or termination of any such action under subsection (d).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law.
**(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received.
**(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overall trade negotiating objectives** The overall trade negotiating objectives of the United States are to obtain—
(1) more open, equitable, and reciprocal market access;
(2) the reduction or elimination of barriers and other trade-distorting policies and practices; and
(3) a more effective system of international trading disciplines and procedures.
**(b) Principal trade negotiating objectives**
(1) **Dispute settlement** — The principal negotiating objectives of the United States with respect to dispute settlement are—
(A) to provide for more effective and expeditious dispute settlement mechanisms and procedures; and
(B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.
(2) **Improvement of the GATT and multilateral trade negotiation agreements** — The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are—
(A) to enhance the status of the GATT;
(B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and
(C) to expand country participation in particular agreements or arrangements, where appropriate.
(3) **Transparency** — The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT.
(4) **Developing countries** — The principal negotiating objectives of
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2901
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) New concessions** Whenever—
(1) any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
(2) any judicial or administrative tariff reclassification that becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the President—
(A) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
(B) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
**(b) Reductions in rates of duty**
(1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate stage under [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prelim), the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prelim) by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such [section 2902(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902/a&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2135
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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 IV, § 411, Jan. 3, 1975, 88 Stat. 2065, related to East-West Foreign Trade Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2461
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Trade Representative shall conduct an investigation to identify priority foreign countries. Such investigation shall be concluded by no later than the date that is 5 months after August 23, 1988.
**(b) Factors to be taken into account** In identifying priority foreign countries under subsection (a), the Trade Representative shall take into account, among other relevant factors—
(1) the nature and significance of the acts, policies, and practices that deny mutually advantageous market opportunities to telecommunications products and services of United States firms;
(2) the economic benefits (actual and potential) accruing to foreign firms from open access to the United States market;
(3) the potential size of the market of a foreign country for telecommunications products and services of United States firms;
(4) the potential to increase United States exports of telecommunications products and services, either directly or through the establishment of a beneficial precedent; and
(5) measurable progress being made to eliminate the objectionable acts, policies, or practices.
**(c) Revocations and additional identifications**
(1) The Trade Representative may at any time, after taking into account the factors described in subsection (b)—
(A) revoke the identification of any priority foreign country that was made under this section, or
(B) identify any foreign country as a priority foreign country under this section,
if information available to the Trade Representative indicates that such action is appropriate.
(2) The Trade Representative shall include in the semiannual report submitted to the Congress under [section 2419(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2419/3&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination by President; trade agreements; 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 any of the purposes stated in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1801&num=0&edition=prelim) will be promoted thereby, the President may—
(1) after June 30, 1962, and before July 1, 1967, enter into trade agreements with foreign countries or instrumentalities thereof; and
(2) proclaim such modification or continuance of any existing duty or other import restriction, such continuance of existing duty-free or excise treatment, or such additional import restrictions, as he determines to be required or appropriate to carry out any such trade agreement.
**(b) Restrictions on decrease or increase in rate of duty** Except as otherwise provided in this subchapter, no proclamation pursuant to subsection (a) shall be made—
(1) decreasing any rate of duty to a rate below 50 percent of the rate existing on July 1, 1962; or
(2) increasing any rate of duty to (or imposing) a rate more than 50 percent above the rate existing on July 1, 1934.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1821
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of President; modification and decrease of duties; altering import restrictions**
(1) For the purpose of expanding foreign markets for the products of the United States (as a means of assisting in establishing and maintaining a better relationship among various branches of American agriculture, industry, mining, and commerce) by regulating the admission of foreign goods into the United States in accordance with the characteristics and needs of various branches of American production so that foreign markets will be made available to those branches of American production which require and are capable of developing such outlets by affording corresponding market opportunities for foreign products in the United States, the President, whenever he finds as a fact that any existing duties or other import restrictions of the United States or any foreign country are unduly burdening and restricting the foreign trade of the United States and that the purpose above declared will be promoted by the means hereinafter specified, is authorized from time to time—
(A) To enter into foreign trade agreements with foreign governments or instrumentalities thereof: Provided, That the enactment of the Trade Agreements Extension Act of 1955 shall not be construed to determine or indicate the approval or disapproval by the Congress of the executive agreement known as the General Agreement on Tariffs and Trade.
(B) To proclaim such modifications of existing duties and other import restrictions, or such additional import restrictions, or such continuance, and for such minimum periods, of existing customs or excise treatment of any article covered by foreign trade agreements, as are required or appropriate to carry out any foreign trade agreement that the President has entere
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1351
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Advice from departments and agencies** Prior to taking any action under this chapter, the President shall seek information and advice from the interagency trade organization established under [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim).
**(b) Advice from private sector** Before—
(1) the Trade Representative concludes the investigation conducted under [section 3103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/a&num=0&edition=prelim) or takes action under [section 3103(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/c&num=0&edition=prelim),
(2) the President establishes specific negotiating objectives under [section 3104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b&num=0&edition=prelim) with respect to any foreign country, or
(3) the President takes action under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3105&num=0&edition=prelim),
the Trade Representative shall provide an opportunity for the presentation of views by any interested party with respect to such investigation, objectives, or action, including appropriate committees established pursuant to [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim).
**(c) Consultations with Congress and official advisors** For purposes of conducting negotiations under [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/a&num=0&edition=prelim), the Trade Representative shall k
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3108
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