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19 U.S.C. § 2137 — Termination and withdrawal authority
Federal law — U.S. Code and appendices · legal_authorities
**(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 If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months’ notice.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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Source file: Laws/federal/codes/united-states-code/title-19/section-2137-termination-and-withdrawal-authority--c37d6299dd.md
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Source location: Title 19, Chapter 12, § 2137; chapter-012-trade-act-of-1974.md
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**(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 duty to a rate more than 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 20 percent ad valorem above the rate existing on January 1, 1975, whichever is higher.
**(d) Retaliatory authority** Whenever any foreign country or instrumentality withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation therefor, the President, in pursuance of rights granted to the United States under any trade agreement and to the extent necessary to protect United States economic interests (including United States balance of payments), may—
(1) withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality, and
(2) proclaim under subsection (c) such increased duties or other import restrictions as are appropriate to effect adequate compensation from such foreign country or instrumentality.
**(e) Continuation of duties or other import restrictions after termination of or withdrawal from agreements** Duties or other import restrictions required or appropriate to carry out 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) shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation provides that such rates shall be restored to the level at which they would be but for the agreement. Within 60 days after the date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all articles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence.
**(f) Public hearings** Before taking any action pursuant to subsection (b), (c), or (d), the President shall provide for a public hearing during the course of which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expeditious action, in which case he shall provide for a public hearing promptly after such action.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessels subject to duty; penalties** The equipments, or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in a foreign country upon a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of 50 per centum on the cost thereof in such foreign country. If the owner or master willfully or knowingly neglects or fails to report, make entry, and pay duties as herein required, or if he makes any false statement in respect of such purchases or repairs without reasonable cause to believe the truth of such statements, or aids or procures the making of any false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, such vessel, or a monetary amount up to the value thereof as determined by the Secretary, to be recovered from the owner, shall be subject to seizure and forfeiture. For the purposes of this section, compensation paid to members of the regular crew of such vessel in connection with the installation of any such equipments or any part thereof, or the making of repairs, in a foreign country, shall not be included in the cost of such equipment or part thereof, or of such repairs.
**(b) Notice** If the appropriate customs officer has reasonable cause to believe a violation has occurred and determines that further proceedings are warranted, he shall issue to the person concerned a written notice of his intention to issue a penalty claim. Such notice shall—
(1) describe the circumstances of the alleged violation;
(
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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
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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
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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
**(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.
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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
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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
### 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
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Federal law — U.S. Code and appendices · legal_authorities
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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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
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