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19 U.S.C. § 2543 — Federal standards-related activities
Federal law — U.S. Code and appendices · legal_authorities
No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements:
(1) **Nondiscriminatory treatment** — Each Federal agency shall ensure, in applying standards-related activities with respect to any imported product, that such product is treated no less favorably than are like domestic or imported products, including, but not limited to, when applying tests or test methods, no less favorable treatment with respect to—
(A) the acceptance of the product for testing in comparable situations;
(B) the administration of the tests in comparable situations;
(C) the fees charged for tests;
(D) the release of test results to the exporter, importer, or agents;
(E) the siting of testing facilities and the selection of samples for testing; and
(F) the treatment of confidential information pertaining to the product.
(2) **Use of international standards**
(A) *In general* — Except as provided in subparagraph (B)(ii), each Federal agency, in developing standards, shall take into consideration international standards and shall, if appropriate, base the standards on international standards.
(B) *Application of requirement* — For purposes of this paragraph, the following apply:
(i) *International standards not appropriate* — The reasons for which the basing of a standard on an international standard may not be appropriate include, but are not limited to, the following:
(I) National security requirements.
(II) The prevention of deceptive practices.
(III) The protection of human health or safety, animal or plant life or health, or the environment.
(I
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Source location: Title 19, Chapter 13, § 2543; chapter-013-trade-agreements-act-of-1979.md
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No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements:
(1) **Nondiscriminatory treatment** — Each Federal agency shall ensure, in applying standards-related activities with respect to any imported product, that such product is treated no less favorably than are like domestic or imported products, including, but not limited to, when applying tests or test methods, no less favorable treatment with respect to—
(A) the acceptance of the product for testing in comparable situations;
(B) the administration of the tests in comparable situations;
(C) the fees charged for tests;
(D) the release of test results to the exporter, importer, or agents;
(E) the siting of testing facilities and the selection of samples for testing; and
(F) the treatment of confidential information pertaining to the product.
(2) **Use of international standards**
(A) *In general* — Except as provided in subparagraph (B)(ii), each Federal agency, in developing standards, shall take into consideration international standards and shall, if appropriate, base the standards on international standards.
(B) *Application of requirement* — For purposes of this paragraph, the following apply:
(i) *International standards not appropriate* — The reasons for which the basing of a standard on an international standard may not be appropriate include, but are not limited to, the following:
(I) National security requirements.
(II) The prevention of deceptive practices.
(III) The protection of human health or safety, animal or plant life or health, or the environment.
(IV) Fundamental climatic or other geographical factors.
(V) Fundamental technological problems.
(ii) *Regional standards* — In developing standards, a Federal agency may, but is not required to, take into consideration any international standard promulgated by an international standards organization the membership of which is described in section 2571(6)(A)(ii) 11 See References in Text note below. of this title.
(3) **Performance criteria** — Each Federal agency shall, if appropriate, develop standards based on performance criteria, such as those relating to the intended use of a product and the level of performance that the product must achieve under defined conditions, rather than on design criteria, such as those relating to the physical form of the product or the types of material of which the product is made.
(4) **Access for foreign suppliers** — Each Federal agency shall, with respect to any conformity assessment procedure used by it, permit access for obtaining an assessment of conformity and the mark of the system, if any, to foreign suppliers of a product on the same basis as access is permitted to suppliers of like products, whether of domestic or other foreign origin.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring and enforcement structure recommendations** In the preparation of the recommendations for the reorganization of trade functions, the President shall ensure that careful consideration is given to monitoring and enforcing the requirements of the Agreement and this subchapter, with particular regard to the tendering procedures required by the Agreement or otherwise agreed to by a country or instrumentality likely to be designated pursuant to [section 2511(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511/b&num=0&edition=prelim).
**(b) Rules of origin**
(1) **Advisory rulings and final determinations** — For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under [section 2518(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2518/4/B&num=0&edition=prelim), an article is or would be a product of a foreign country or instrumentality designated pursuant to [section 2511(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511/b&num=0&edition=prelim).
(2) **Penalties for fraudulent conduct** — In addition to any other provisions of law which may be applicable, [section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim) shall apply to fraudulent conduct with respect to the origin of products for purposes of qualifying for a waiver under [section 2511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511&num=0&edition=prelim) or avoiding a prohibition under [section 2512 of this title](https://uscode.house.g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of carrying out this subchapter, and otherwise encouraging compliance with the Agreement, the Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make grants to, or enter into contracts with, any other Federal agency, any State agency, or any private person, to assist such agency or person to implement appropriate programs and activities, including, but not limited to, programs and activities—
(1) to increase awareness of proposed and adopted standards-related activities;
(2) to facilitate international trade through the appropriate international and domestic standards-related activities;
(3) to provide, if appropriate, and pursuant to [section 2543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2543&num=0&edition=prelim), adequate United States representation in international standards-related activities; and
(4) to encourage United States exports through increased awareness of foreign standards-related activities that may affect United States exports.
No contract entered into under this section shall be effective except to such extent, and in such amount, as is provided in advance in appropriation Acts.
**(b) Terms and conditions** Any contract entered into, or any grant made, under subsection (a) shall be subject to such terms and conditions as the Trade Representative or Secretary concerned shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States.
**(c) Limitations** Financial assistance extended under this section shall not exceed 75 percent of the total costs (as established by the Trade Representative or Secretary concerned, as the case may be) of the pr
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Federal law — U.S. Code and appendices · legal_authorities
Page 746
TITLE 19—CUSTOMS DUTIES
§ 2533
title III, § 351(e)(4), Dec. 8, 1994, 108 Stat. 4956, and, as so
amended, no longer contains clauses.
AMENDMENTS
1996—Par. (4). Pub. L. 104–295 inserted comma after
‘‘system, if any’’.
1994—Par. (4). Pub. L. 103–465 substituted ‘‘Access’’ for
‘‘Certification access’’ in heading, and, in text, sub-
stituted ‘‘conformity assessment procedure’’ for ‘‘cer-
tification system’’ and ‘‘an assessment of conformity
and the mark of the system, if any’’ for ‘‘certification
under that system’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–465 effective on the date
on which the WTO Agreement enters into force with re-
spect to the United States (Jan. 1, 1995), see section 352
of Pub. L. 103–465, set out as a note under section 2531
of this title.
§ 2533. State and private standards-related activi-
ties
(a) In general
It is the sense of the Congress that no State
agency and no private person should engage in
any standards-related activity that creates un-
necessary obstacles to the foreign commerce of
the United States.
(b) Presidential action
The President shall take such reasonable
measures as may be available to promote the ob-
servance by State agencies and private persons,
in carrying out standards-related activities, of
requirements equivalent to those imposed on
Federal agencies under section 2532 of this title,
and of procedures that provide for notification,
participation, and publication with respect to
such activities.
(Pub. L. 96–39, title IV, § 403, July 26, 1979, 93
Stat. 243.)
PART B—FUNCTIONS OF FEDERAL AGENCIES
§ 2541. Functions of Trade Representative
(a) In general
The Trade Representative shall coordinate the
consideration of international
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