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19 U.S.C. § 2171 — Prerequisites for offers

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

19 U.S.C. § 2171 — Prerequisites for offers

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Source file: Laws/federal/codes/united-states-code/title-19/section-2171-prerequisites-for-offers--d1672d16ad.md
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Source location: Title 19, Chapter 12, § 2171; chapter-012-trade-act-of-1974.md

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**(a)** In any negotiation seeking an 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 may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2153&num=0&edition=prelim). In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under [section 2151(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/a&num=0&edition=prelim), only after he has received advice concerning such article from the Commission under [section 2151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/b&num=0&edition=prelim), or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs. **(b)** In determining whether to make offers described in subsection (a) in the course of negotiating any trade agreement under [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), and in determining the nature and scope of such offers, the President shall take into account any advice or information provided, or reports submitted, by— (1) the Commission; (2) any advisory committee established under [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim); or (3) any organization that holds public hearings under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2153&num=0&edition=prelim); with respect to any article, or domestic industry, that is sensitive, or potentially sensitive, to imports.

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

19 U.S.C. § 2155 — Public hearings

**(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.

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19 U.S.C. § 4202 — 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, 2018; or (ii) July 1, 2021, 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. (2) **Notification** — The President shall notify Congress of the President’s intention to enter into an agreement under this subsection. (3) **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 June 29, 2015) to a rate of duty which is less than 50 percent of the rate of such duty that applies on June 29, 2015; (B) reduces the rate of duty below that applicable under the Uruguay Round Agreements or a successor agreement, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on June 29, 2015. (4) **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 e

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19 U.S.C. § 2902 — Trade agreement negotiating authority

**(a) Agreements regarding tariff barriers** (1) 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, and objectives of this title will be promoted thereby, the President— (A) before June 1, 1993, may enter into trade agreements with foreign countries; and (B) may, subject to paragraphs (2) through (5), 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 he determines to be required or appropriate to carry out any such trade agreement. (2) No proclamation may be made under subsection (a) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 23, 1988) to a rate which is less than 50 percent of the rate of such duty that applies on August 23, 1988; or (B) increases any rate of duty above the rate that applies on August 23, 1988. (3) (A) 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 agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed in paragraph (1) to carry out such agreement with respect to such article. (B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed u

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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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19 U.S.C. § 2133 — Authorization of appropriation for GATT revision

There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authorization does not imply approval or disapproval by the Congress of all articles of the General Agreement on Tariffs and Trade.

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19 U.S.C. § 3801 — Short title and findings

**(a) Short title** This chapter may be cited as the “Bipartisan Trade Promotion Authority Act of 2002”. **(b) Findings** The Congress makes the following findings: (1) The expansion of international trade is vital to the national security of the United States. Trade is critical to the economic growth and strength of the United States and to its leadership in the world. Stable trading relationships promote security and prosperity. Trade agreements today serve the same purposes that security pacts played during the Cold War, binding nations together through a series of mutual rights and obligations. Leadership by the United States in international trade fosters open markets, democracy, and peace throughout the world. (2) The national security of the United States depends on its economic security, which in turn is founded upon a vibrant and growing industrial base. Trade expansion has been the engine of economic growth. Trade agreements maximize opportunities for the critical sectors and building blocks of the economy of the United States, such as information technology, telecommunications and other leading technologies, basic industries, capital equipment, medical equipment, services, agriculture, environmental technology, and intellectual property. Trade will create new opportunities for the United States and preserve the unparalleled strength of the United States in economic, political, and military affairs. The United States, secured by expanding trade and economic opportunities, will meet the challenges of the twenty-first century. (3) Support for continued trade expansion requires that dispute settlement procedures under international trade agreements not add to or diminish the rights and obligations provided in such agreements. Therefore— (A) the recent patt

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19 U.S.C. § 2153 — Advice from International Trade Commission

**(a) Lists of articles which may be considered for action** (1) 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 subsection (a) or (b) of [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the “Commission”) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given. (2) In connection with any proposed trade agreement under [section 4202(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202/b&num=0&edition=prelim), the President may from time to time publish and furnish the Commission with lists of nontariff matters which may be considered for modification. **(b) Advice to President by Commission** Within 6 months after receipt of a list under subsection (a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the Commission shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of modification of the tariff or nontariff measure on industries producing like or directly competitive articles and on

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15 U.S.C. § 1501 — Establishment of Department; Secretary; seal

There shall be at the seat of government an executive department to be known as the Department of Commerce, and a Secretary of Commerce, who shall be the head thereof, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose term and tenure of office shall be like that of the heads of the other executive departments; and the provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department. The said Secretary shall cause a seal of office to be made for the said department of such device as the President shall approve, and judicial notice shall be taken of the said seal.

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15 U.S.C. § 1511 — Bureaus in Department

The following named bureaus, administrations, services, offices, and programs of the public service, and all that pertains thereto, shall be under the jurisdiction and subject to the control of the Secretary of Commerce: (1) National Oceanic and Atmospheric Administration; (2) United States Travel and Tourism Administration; (3) National Institute of Standards and Technology; (4) United States Patent and Trademark Office 11 So in original. Probably should be followed by a semicolon. (5) Bureau of the Census; and (6) such other bureaus or other organizational units as the Secretary of Commerce may from time to time establish in accordance with law.

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15 U.S.C. § 9801 — Defined term

In this title,11 See References in Text note below. the term “COVID–19 public health emergency”— (1) means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under [section 247d of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim) with respect to COVID–19; and (2) includes any renewal of such declaration pursuant to such [section 247d of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim).

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