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19 U.S.C. § 3581 — Review of Subsidies Agreement
Federal law — U.S. Code and appendices · legal_authorities
**(a) General objectives** The general objectives of the United States under this subchapter are—
(1) to ensure that parts II and III of the Agreement on Subsidies and Countervailing Measures referred to in [section 3511(d)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/12&num=0&edition=prelim) (hereafter in this section referred to as the “Subsidies Agreement”) are effective in disciplining the use of subsidies and in remedying the adverse effects of subsidies, and
(2) to ensure that part IV of the Subsidies Agreement does not undermine the benefits derived from any other part of that Agreement.
**(b) Specific objective** The specific objective of the United States under this subchapter shall be to create a mechanism which will provide for an ongoing review of the operation of part IV of the Subsidies Agreement.
**(c) Sunset of noncountervailable subsidies provisions**
(1) **In general** — Subparagraphs (B), (C), (D), and (E) of section 1677(5B) of this title shall cease to apply as provided in subparagraph (G)(i) of such section, unless, before the date referred to in such subparagraph (G)(i)—
(A) the Subsidies Committee determines to extend Articles 6.1, 8, and 9 of the Subsidies Agreement as in effect on the date on which the Subsidies Agreement enters into force or in a modified form, in accordance with Article 31 of such Agreement,
(B) the President consults with the Congress in accordance with paragraph (2), and
(C) an implementing bill is submitted and enacted into law in accordance with paragraphs (3) and (4).11 See Codification note below.
(2) **Consultation with Congress before Subsidies Committee agrees to extend** — Before a determination is made by the Subsidies Committee to extend Artic
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Source file: Laws/federal/codes/united-states-code/title-19/section-3581-review-of-subsidies-agreement--c753864cc3.md
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Source location: Title 19, Chapter 22, § 3581; chapter-022-uruguay-round-trade-agreements.md
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**(a) General objectives** The general objectives of the United States under this subchapter are—
(1) to ensure that parts II and III of the Agreement on Subsidies and Countervailing Measures referred to in [section 3511(d)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/12&num=0&edition=prelim) (hereafter in this section referred to as the “Subsidies Agreement”) are effective in disciplining the use of subsidies and in remedying the adverse effects of subsidies, and
(2) to ensure that part IV of the Subsidies Agreement does not undermine the benefits derived from any other part of that Agreement.
**(b) Specific objective** The specific objective of the United States under this subchapter shall be to create a mechanism which will provide for an ongoing review of the operation of part IV of the Subsidies Agreement.
**(c) Sunset of noncountervailable subsidies provisions**
(1) **In general** — Subparagraphs (B), (C), (D), and (E) of section 1677(5B) of this title shall cease to apply as provided in subparagraph (G)(i) of such section, unless, before the date referred to in such subparagraph (G)(i)—
(A) the Subsidies Committee determines to extend Articles 6.1, 8, and 9 of the Subsidies Agreement as in effect on the date on which the Subsidies Agreement enters into force or in a modified form, in accordance with Article 31 of such Agreement,
(B) the President consults with the Congress in accordance with paragraph (2), and
(C) an implementing bill is submitted and enacted into law in accordance with paragraphs (3) and (4).11 See Codification note below.
(2) **Consultation with Congress before Subsidies Committee agrees to extend** — Before a determination is made by the Subsidies Committee to extend Articles 6.1, 8, and 9 of the Subsidies Agreement, the President shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding such extension.
(3) **Implementation of extension**
(A) *Notification and submission* — Any extension of subparagraphs (B), (C), (D), and (E) of section 1677(5B) of this title shall take effect if (and only if)—
(i) after the Subsidies Committee determines to extend Articles 6.1, 8, and 9 of the Subsidies Agreement, the President submits to the committees referred to in paragraph (2) a copy of the document describing the terms of such extension, together with—
(I) a draft of an implementing bill,
(II) a statement of any administrative action proposed to implement the extension, and
(III) the supporting information described in subparagraph (C); and
(ii) the implementing bill is enacted into law.
(B) *Implementing bill* — The implementing bill referred to in subparagraph (A) shall contain only those provisions that are necessary or appropriate to implement an extension of the provisions of section 1677(5B)(B), (C), (D), and (E) of this title as in effect on the day before the date of the enactment of the implementing bill or as modified to reflect the determination of the Subsidies Committee to extend Articles 6.1, 8, and 9 of the Subsidies Agreement.
(C) *Supporting information* — The supporting information required under subparagraph (A)(i)(III) consists of—
(i) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and
(ii) a statement regarding—
(I) how the extension serves the interests of United States commerce, and
(II) why the implementing bill and proposed administrative action is required or appropriate to carry out the extension.
(4) **Omitted**
(5) **Report by the Trade Representative** — Not later than the date referred to in section 1677(5B)(G)(i) of this title, the Trade Representative shall submit to the Congress a report setting forth the provisions of law which were enacted to implement Articles 6.1, 8, and 9 of the Subsidies Agreement and should be repealed or modified if such provisions are not extended.
**(d) Review of operation of Subsidies Agreement** The Secretary of Commerce, in consultation with other appropriate departments and agencies of the Federal Government, shall undertake an ongoing review of the operation of the Subsidies Agreement. The review shall address—
(1) the effectiveness of part II of the Subsidies Agreement in disciplining the use of subsidies which are prohibited under Article 3 of the Agreement,
(2) the effectiveness of part III and, in particular, Article 6.1 of the Subsidies Agreement, in remedying the adverse effects of subsidies which are actionable under the Agreement, and
(3) the extent to which the provisions of part IV of the Subsidies Agreement may have undermined the benefits derived from other parts of the Agreement, and, in particular—
(A) the extent to which WTO member countries have cooperated in reviewing and improving the operation of part IV of the Subsidies Agreement,
(B) the extent to which the provisions of Articles 8.4 and 8.5 of the Subsidies Agreement have been effective in identifying and remedying violations of the conditions and criteria described in Article 8.2 of the Agreement, and
(C) the extent to which the provisions of Article 9 of the Subsidies Agreement have been effective in remedying the serious adverse effects of subsidy programs described in Article 8.2 of the Agreement.
Not later than 4 years and 6 months after December 8, 1994, the Secretary of Commerce shall submit to the Congress a report on the review required under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The President shall seek information and advice from representative elements of the private sector and the non-Federal governmental sector with respect to—
(A) negotiating objectives and bargaining positions before entering into a trade agreement under this subchapter or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim);
(B) the operation of any trade agreement once entered into, including preparation for dispute settlement panel proceedings to which the United States is a party; and
(C) other matters arising in connection with the development, implementation, and administration of the trade policy of the United States, including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order Numbered 12188, and the priorities for actions thereunder.
To the maximum extent feasible, such information and advice on negotiating objectives shall be sought and considered before the commencement of negotiations.
(2) The President shall consult with representative elements of the private sector and the non-Federal governmental sector on the overall current trade policy of the United States. The consultations shall include, but are not limited to, the following elements of such policy:
(A) The principal multilateral and bilateral trade negotiating objectives and the progress being made toward their achievement.
(B) The implementation, operation, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes.
(C) The actions taken under the trade laws of the United States and the effectiveness of such actions in achieving trade policy objectives.
(D) Important developments in o
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act:
(1) **GATT 1947; GATT 1994**
(A) *GATT 1947* — The term “GATT 1947” means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement.
(B) *GATT 1994* — The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.
(2) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States.
(3) **International Trade Commission** — The term “International Trade Commission” means the United States International Trade Commission.
(4) **Multilateral trade agreement** — The term “multilateral trade agreement” means an agreement described in [section 3511(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d&num=0&edition=prelim) (other than an agreement described in paragraph (17) or (18) of such section).
(5) **Schedule XX** — The term “Schedule XX” means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994.
(6) **Trade Representative** — The term “Trade Representative” means the United States Trade Representative.
(7) **Uruguay Round Agreements** — The term “Uruguay Round Agreements” means the agreements approved by the Congress under [section 3511(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/a/1&num=0&edition=prelim).
(8) **World Trade Organization and WTO** — The terms “World Trade Organization” and “WTO” mean the or
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National trade estimates**
(1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall—
(A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of—
(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons),
(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and
(iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon.
(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and
(C) make an estimate, if feasible, of—
(i) the value of additional goods and services of the United States,
(ii) the value of additional foreign direct investment by United States persons, and
(iii) the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such ca
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under [section 2241(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241/b&num=0&edition=prelim), the United States Trade Representative (hereafter in this section referred to as the “Trade Representative”) shall identify—
(1) those foreign countries that—
(A) deny adequate and effective protection of intellectual property rights, or
(B) deny fair and equitable market access to United States persons that rely upon intellectual property protection, and
(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries.
**(b) Special rules for identifications**
(1) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries—
(A) that have the most onerous or egregious acts, policies, or practices that—
(i) deny adequate and effective intellectual property rights, or
(ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection,
(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and
(C) that are not—
(i) entering into good faith negotiations, or
(ii) making significant progress in bilateral or multilateral negotiations,
to provide adequate and effective protection of intellectual property rights.
(2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall—
(A) consult with the Register of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory action**
(1) If the United States Trade Representative determines under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim) that—
(A) the rights of the United States under any trade agreement are being denied; or
(B) an act, policy, or practice of a foreign country—
(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or
(ii) is unjustifiable and burdens or restricts United States commerce;
the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
(2) The Trade Representative is not required to take action under paragraph (1) in any case in which—
(A) the Dispute Settlement Body (as defined in [section 3531(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3531/5&num=0&edition=prelim)) has adopted a report, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that—
(i) the rights of the United States under a trade agreement are not being denied, or
(ii) the act, policy, or practice—
(I) is not
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) On the basis of the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) and the consultations (and the proceedings, if applicable) under [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2413&num=0&edition=prelim), the Trade Representative shall—
(A) determine whether—
(i) the rights to which the United States is entitled under any trade agreement are being denied, or
(ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) exists, and
(B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim).
(2) The Trade Representative shall make the determinations required under paragraph (1) on or before—
(A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to [section 2412(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/2/A&num=0&edition=prelim) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in [section 3511(d)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/15&num=0&edition=prelim)) or the GATT 1994 (as defined in [section 3501(1)(B) of this title](https://usco
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this subchapter or subject to dispute settlement proceedings to enforce the rights of the United States under a trade agreement providing for such proceedings.
**(b) Action on the basis of monitoring**
(1) **In general** — If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under [section 2411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/a&num=0&edition=prelim). For purposes of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), any such determination shall be treated as a determination made under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim).
(2) **WTO dispute settlement recommendations**
(A) *Failure to implement recommendation* — If the measure or agreement referred to in subsection (a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the Trade Representative considers that the foreign country has failed to implement it, the Trade Representative shall make the determination in paragraph (1) no later than 30 days after the expiration of the reasonable period
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Federal law — U.S. Code and appendices · legal_authorities
Page 882
TITLE 19—CUSTOMS DUTIES
§ 3581
(i) after the Subsidies Committee deter-
mines to extend Articles 6.1, 8, and 9 of the
Subsidies Agreement, the President sub-
mits to the committees referred to in
paragraph (2) a copy of the document de-
scribing the terms of such extension, to-
gether with—
(I) a draft of an implementing bill,
(II) a statement of any administrative
action proposed to implement the exten-
sion, and
(III) the supporting information de-
scribed in subparagraph (C); and
(ii) the implementing bill is enacted into
law.
(B) Implementing bill
The implementing bill referred to in sub-
paragraph (A) shall contain only those pro-
visions that are necessary or appropriate to
implement an extension of the provisions of
section 1677(5B)(B), (C), (D), and (E) of this
title as in effect on the day before the date
of the enactment of the implementing bill or
as modified to reflect the determination of
the Subsidies Committee to extend Articles
6.1, 8, and 9 of the Subsidies Agreement.
(C) Supporting information
The supporting information required under
subparagraph (A)(i)(III) consists of—
(i) an explanation as to how the imple-
menting bill and proposed administrative
action will change or affect existing law;
and
(ii) a statement regarding—
(I) how the extension serves the inter-
ests of United States commerce, and
(II) why the implementing bill and pro-
posed administrative action is required
or appropriate to carry out the exten-
sion.
(4) Omitted
(5) Report by the Trade Representative
Not later than the date referred to in section
1677(5B)(G)(i) of this title, the Trade Rep-
resentative shall submit to the Congress a re-
port setting forth the provisions of law which
were enacted to implement Articles 6.1, 8, and
9 of the Subsi
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3581
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