19 U.S.C. § 2151 — Advice from International Trade Commis-

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- tion 2101 of this title and Tables. AMENDMENTS 1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for leg- islation following a Presidential determination that a major industrial country failed to grant equivalent concessions. § 2137. Reservation of articles for national secu- rity or other reasons (a) National security considerations No proclamation shall be made pursuant to the provisions of this chapter reducing or elimi- nating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security. (b) Action taken under other laws While there is in effect with respect to any ar- ticle any action taken under section 2253 of this title, or section 1862 or 1981 of this title, the President shall reserve such article from nego- tiations under this subchapter (and from any ac- tion under section 2132(c) of this title) contem- plating reduction or elimination of— (A) any duty on such article, (B) any import restriction imposed under such section, or (C) any other import restriction, the re- moval of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B). In addition, the President shall also so reserve any other article which he determines to be ap- propriate, taking into consideration information and advice available pursuant to and with re- spect to the matters covered by sections 2151, 2152, and 2153 of this title, where applicable. (Pub. L. 93–618, title I, § 127(a), (b), Jan. 3, 1975, 88 Stat. 1993.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 section 2101 of this title and Tables. CODIFICATION Section is comprised of subsecs. (a) and (b) of section 127 of act Jan. 3, 1975. Subsec. (c) of such section was classified to section 1863 of this title, prior to its repeal by Pub. L. 100–418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and subsec. (d) amended section 1862 of this title. § 2138. Omitted Editorial Notes CODIFICATION Section, Pub. L. 93–618, title I, § 128, as added Pub. L. 98–573, title III, § 308(b)(1), Oct. 30, 1984, 98 Stat. 3013; amended Pub. L. 99–514, title XVIII, § 1887(b)(1), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100–418, title I, §§ 1214(j)(1), 1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100–647, title IX, § 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related to modification and continuance of treatment with re- spect to duties on high technology products, was omit- ted pursuant to subsec. (c) which provided that the President could exercise authority under this section only during the 5-year period beginning on Oct. 30, 1984. PART 3—HEARINGS AND ADVICE CONCERNING NEGOTIATIONS § 2151. Advice from International Trade Commis- sion (a) Lists of articles which may be considered for action (1) In connection with any proposed trade agreement under section 2133 of this title or sub- section (a) or (b) of section 4202 of this title, 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 addi- tional duties. In the case of any article with re- spect to which consideration may be given to re- ducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given. Page 521 TITLE 19—CUSTOMS DUTIES § 2151 (2) In connection with any proposed trade agreement under section 4202(b) of this title, the President may from time to time publish and furnish the Commission with lists of nontariff matters which may be considered for modifica- tion. (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 pro- ducing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States interests, such as sectors involved in manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Such advice may include in the case of any article the advice of the Com- mission as to whether any reduction in the rate of duty should take place over a longer period of time than the minimum period provided for in section 4202(a)(4)(A) of this title. (c) Additional investigations and reports re- quested by President or Trade Representa- tive In addition, in order to assist the President in his determination whether to enter into any agreement under section 2133 of this title or sec- tion 4202(a) of this title, or how to develop trade policy, priorities or other matters (such as pri- orities for actions to improve opportunities in foreign markets), the Commission shall make such investigations and reports as may be re- quested by the President or the United States Trade Representative on matters such as effects of modification of any barrier to (or other dis- tortion of) international trade on domestic workers, industries or sectors, purchasers, prices and quantities of articles in the United States. (d) Commission steps in preparing its advice to President In preparing its advice to the President under this section, the Commission shall to the extent practicable— (1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles or services in question and the domestic industries pro- ducing the like or directly competitive arti- cles or services; (2) analyze the production, trade, and con- sumption of each like or directly competitive article or service, taking into consideration employment, profit levels, and use of produc- tive facilities with respect to the domestic in- dustries concerned, and such other economic factors in such industries as it considers rel- evant, including prices, wages, sales, inven- tories, patterns of demand, capital invest- ment, obsolescence of equipment, and diver- sification of production; (3) describe the probable nature and extent of any significant change in employment, prof- it levels, and use of productive facilities; the overall impact of such or other possible changes on the competitiveness of relevant do- mestic industries or sectors; and such other conditions as it deems relevant in the domes- tic industries or sectors concerned which it be- lieves such modifications would cause; and (4) make special studies (including studies of real wages paid in foreign supplying coun- tries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, consumers, services, in- tellectual property and investment, using to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States. (e) Public hearings In preparing its advice to the President under this section, the Commission shall, after reason- able notice, hold public hearings. (Pub. L. 93–618, title I, § 131, Jan. 3, 1975, 88 Stat. 1994; Pub. L. 100–418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 107–210, div. B, title XXI, § 2110(a)(2), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 114–26, title I, § 110(a)(1), June 29, 2015, 129 Stat. 357.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–26, § 110(a)(1)(A)(i), substituted ‘‘subsection (a) or (b) of section 4202 of this title’’ for ‘‘section 3803(a) or (b) of this title’’. Subsec. (a)(2). Pub. L. 114–26, § 110(a)(1)(A)(ii), sub- stituted ‘‘section 4202(b) of this title’’ for ‘‘section 3803(b) of this title’’. Subsec. (b). Pub. L. 114–26, § 110(a)(1)(B), substituted ‘‘section 4202(a)(4)(A) of this title’’ for ‘‘section 3803(a)(3)(A) of this title’’. Subsec. (c). Pub. L. 114–26, § 110(a)(1)(C), substituted ‘‘section 4202(a) of this title’’ for ‘‘section 3803 of this title’’. 2002—Subsec. (a)(1). Pub. L. 107–210, § 2110(a)(2)(A)(i), substituted ‘‘section 2133 of this title or section 3803(a) or (b) of this title,’’ for ‘‘section 2133 of this title or sec- tion 2902(a) or (c) of this title,’’. Subsec. (a)(2). Pub. L. 107–210, § 2110(a)(2)(A)(ii), sub- stituted ‘‘section 3803(b) of this title’’ for ‘‘section 2902(b) or (c) of this title’’. Subsec. (b). Pub. L. 107–210, § 2110(a)(2)(B), substituted ‘‘section 3803(a)(3)(A) of this title’’ for ‘‘section 2902(a)(3)(A) of this title’’. Subsec. (c). Pub. L. 107–210, § 2110(a)(2)(C), substituted ‘‘section 3803 of this title,’’ for ‘‘section 2902 of this title,’’. 1988—Pub. L. 100–418 amended section generally, sub- stituting present provisions for provisions which re- lated to: in subsec. (a), lists of articles which could be considered for modification or continuance of duties, duty-free or excise treatment, or additional duties; in subsec. (b), advice to President following receipt of list by Commission; in subsec. (c), additional investigations and reports requested by President; in subsec. (d), Com- mission steps in preparing its advice to President; and in subsec. (e), public hearings. Executive Documents DELEGATION OF AUTHORITY For delegation of functions of President under div. B of Pub. L. 107–210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. Page 522 TITLE 19—CUSTOMS DUTIES § 2152 § 2152. Advice from executive departments and other sources Before any trade agreement is entered into under section 2133 of this title or section 4202 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, De- fense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem ap- propriate. Such advice shall be prepared and pre- sented consistent with the provisions of Reorga- nization Plan Number 3 of 1979, Executive Order Number 12188 and section 2171(c) of this title. (Pub. L. 93–618, title I, § 132, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 114–26, title I, § 110(a)(2), June 29, 2015, 129 Stat. 357.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Number 3 of 1979, referred to in text, is set out as a note under section 2171 of this title. Executive Order Number 12188, referred to in text, is set out as a note under section 2171 of this title. AMENDMENTS 2015—Pub. L. 114–26 substituted ‘‘section 4202 of this title’’ for ‘‘section 3803 of this title’’. 2002—Pub. L. 107–210 substituted ‘‘section 3803 of this title,’’ for ‘‘section 2902 of this title,’’. 1988—Pub. L. 100–418 amended section generally. Prior to amendment, section read as follows: ‘‘Before any trade agreement is entered into under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall seek information and advice with re- spect to such agreement from the Departments of Agri- culture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Represent- ative, and from such other sources as he may deem ap- propriate.’’ Executive Documents DELEGATION OF AUTHORITY For delegation of functions of President under div. B of Pub. L. 107–210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. § 2153. Public hearings (a) Opportunity for presentation of views In connection with any proposed trade agree- ment under section 2133 of this title or section 4202 of this title, the President shall afford an opportunity for any interested person to present his views concerning any article on a list pub- lished under section 2151 of this title, any mat- ter or article which should be so listed, any con- cession 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 inter- agency committee which shall, after reasonable notice, hold public hearings and prescribe regu- lations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and prior- ities. (b) Summary of hearings The organization holding such hearing shall furnish the President with a summary thereof. (Pub. L. 93–618, title I, § 133, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 114–26, title I, § 110(a)(3), June 29, 2015, 129 Stat. 357.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–26 substituted ‘‘section 4202 of this title’’ for ‘‘section 3803 of this title’’. 2002—Subsec. (a). Pub. L. 107–210 substituted ‘‘section 3803 of this title,’’ for ‘‘section 2902 of this title,’’. 1988—Pub. L. 100–418 amended section generally. Prior to amendment, section read as follows: ‘‘(a) In connection with any proposed trade agree- ment under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall afford an oppor- tunity for any interested person to present his views concerning any article on a list published pursuant to section 2151 of this title, any 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 Presi- dent shall designate an agency or an interagency com- mittee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the con- duct of such hearings. ‘‘(b) The organization holding such hearings shall fur- nish the President with a summary thereof.’’ Executive Documents DELEGATION OF AUTHORITY For delegation of functions of President under div. B of Pub. L. 107–210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. § 2154. Prerequisites for offers (a) In any negotiation seeking an agreement under section 2133 of this title or section 4202 of this title, the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or bar- riers 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 af- forded under section 2153 of this title. In addi- tion, 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, only after he has re- ceived advice concerning such article from the Commission under section 2151(b) of this title, or after the expiration of the 6-month or 90-day pe- riod provided for in that section, as appropriate, whichever first occurs.