19 U.S.C. § 4206 — Treatment of certain trade agreements for

Page 1083 TITLE 19—CUSTOMS DUTIES § 4206 1 So in original. Two subsecs. (c) have been enacted. (b)(1)(B), (3)(C), and (4)(C)(i), is title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified prin- cipally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables. AMENDMENTS 2016—Subsec. (b)(5). Pub. L. 114–125, § 914(f)(2), sub- stituted ‘‘section 4201(b)(16)(C)’’ for ‘‘section 4201(b)(15)(C)’’. Subsec. (b)(6)(A). Pub. L. 114–125, § 914(e)(2), sub- stituted ‘‘listed as a tier 3 country in the most recent annual report on trafficking in persons’’ for ‘‘to which the minimum standards for the elimination of traf- ficking are applicable and the government of which does not fully comply with such standards and is not making significant efforts to bring the country into compliance (commonly referred to as a ‘tier 3’ coun- try), as determined in the most recent annual report on trafficking in persons submitted under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1))’’. Subsec. (b)(6)(B) to (E). Pub. L. 114–125, § 914(e)(1), added subpars. (B) to (E) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as fol- lows: ‘‘In this paragraph, the term ‘minimum standards for the elimination of trafficking’ means the standards set forth in section 108 of the Trafficking Victims Pro- tection Act of 2000 (22 U.S.C. 7106).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–125 effective as if included in the enactment of title I of Pub. L. 114–26, see section 914(g) of Pub. L. 114–125, set out as a note under section 4201 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title, and Memorandum of President of the United States, May 24, 2016, 81 F.R. 35579, set out below. DELEGATION OF AUTHORITY UNDER SECTION 106 OF THE BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND AC- COUNTABILITY ACT OF 2015 Memorandum of President of the United States, May 24, 2016, 81 F.R. 35579, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the functions and au- thorities vested in the President by section 106(b)(6)(B) and (C) of the Bipartisan Congressional Trade Prior- ities and Accountability Act of 2015 (Public Law 114–26, title I) (the ‘‘Act’’), as added by section 914(e) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125). In carrying out these functions, you will inform the United States Trade Representa- tive at the earliest possible time of a decision to invoke an exception under section 106(b)(6)(B) of the Act. In exercising authority delegated by or performing functions assigned in this memorandum, you may re- delegate authority delegated by this memorandum and may further assign functions assigned by this memo- randum to officers of any other department or agency within the executive branch to the extent permitted by law. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 4206. Treatment of certain trade agreements for which negotiations have already begun (a) Certain agreements Notwithstanding the prenegotiation notifica- tion and consultation requirement described in section 4204(a) of this title, if an agreement to which section 4202(b) of this title applies— (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner con- sistent with section 4204(a)(1)(A) of this title as of June 29, 2015, (3) is entered into with the European Union, (4) is an agreement with respect to inter- national trade in services entered into with WTO members with respect to which a notifi- cation has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015, or (5) is an agreement with respect to environ- mental goods entered into with WTO members with respect to which a notification has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015, and results from negotiations that were com- menced before June 29, 2015, subsection (b) shall apply. (b) Treatment of agreements In the case of any agreement to which sub- section (a) applies, the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the re- quirements of section 4204(a) of this title (relat- ing only to notice prior to initiating negotia- tions), and any resolution under paragraph (1)(B), (3)(C), or (4)(C) of section 4205(b) of this title shall not be in order on the basis of a fail- ure or refusal to comply with the provisions of section 4204(a) of this title, if (and only if) the President, as soon as feasible after June 29, 2015— (1) notifies Congress of the negotiations de- scribed in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agree- ment or changes to an existing agreement; and (2) before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 4204(a)(1)(B) of this title and the House and Senate Advi- sory Groups on Negotiations convened under section 4203(c) of this title. (c) 1 Agreement by Asia-Pacific Economic Co- operation members to reduce rates of duty on certain environmental goods Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation au- thority provided for in section 4202(a)(1)(B) of this title to implement an agreement by mem- bers of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain en- vironmental goods included in Annex C of the APEC Leaders Declaration issued on September Page 1084 TITLE 19—CUSTOMS DUTIES § 4207 9, 2012, if (and only if) the President, as soon as feasible after December 18, 2015, and before exer- cising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotia- tions. (c) 1 Agreement by Asia-Pacific Economic Co- operation members to reduce rates of duty on certain environmental goods Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation au- thority provided for in section 4202(a)(1)(B) of this title to implement an agreement by mem- bers of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain en- vironmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after February 24, 2016, and before exer- cising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotia- tions. (Pub. L. 114–26, title I, § 107, June 29, 2015, 129 Stat. 355; Pub. L. 114–113, div. Q, title V, § 502, Dec. 18, 2015, 129 Stat. 3127; Pub. L. 114–125, title IX, § 916, Feb. 24, 2016, 130 Stat. 279.) Editorial Notes AMENDMENTS 2016—Subsec. (c). Pub. L. 114–125 added subsec. (c) re- lating to proclamation authority and requiring notifi- cation to Congress after Feb. 24, 2016. 2015—Subsec. (c). Pub. L. 114–113 added subsec. (c) re- lating to proclamation authority and requiring notifi- cation to Congress after Dec. 18, 2015. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title. § 4207. Sovereignty (a) United States law to prevail in event of con- flict No provision of any trade agreement entered into under section 4202(b) of this title, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States, any State of the United States, or any locality of the United States shall have effect. (b) Amendments or modifications of United States law No provision of any trade agreement entered into under section 4202(b) of this title shall pre- vent the United States, any State of the United States, or any locality of the United States from amending or modifying any law of the United States, that State, or that locality (as the case may be). (c) Dispute settlement reports Reports, including findings and recommenda- tions, issued by dispute settlement panels con- vened pursuant to any trade agreement entered into under section 4202(b) of this title shall have no binding effect on the law of the United States, the Government of the United States, or the law or government of any State or locality of the United States. (Pub. L. 114–26, title I, § 108, June 29, 2015, 129 Stat. 356.) § 4208. Interests of small businesses (a) Sense of Congress It is the sense of Congress that— (1) the United States Trade Representative should facilitate participation by small busi- nesses in the trade negotiation process; and (2) the functions of the Office of the United States Trade Representative relating to small businesses should continue to be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small businesses. (b) Consideration of small business interests The Assistant United States Trade Represent- ative for Small Business, Market Access, and In- dustrial Competitiveness shall be responsible for ensuring that the interests of small businesses are considered in all trade negotiations in ac- cordance with the objective described in section 4201(a)(8) of this title. (Pub. L. 114–26, title I, § 109, June 29, 2015, 129 Stat. 356.) § 4209. Application of certain provisions For purposes of applying sections 2135, 2136, and 2137 of this title— (1) any trade agreement entered into under section 4202 of this title 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 4202 of this title shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 2112 of this title. (Pub. L. 114–26, title I, § 110(b), June 29, 2015, 129 Stat. 358.) § 4210. Definitions In this chapter: (1) Agreement on Agriculture The term ‘‘Agreement on Agriculture’’ means the agreement referred to in section 3511(d)(2) of this title. (2) Agreement on Safeguards The term ‘‘Agreement on Safeguards’’ means the agreement referred to in section 3511(d)(13) of this title. (3) Agreement on Subsidies and Countervailing Measures The term ‘‘Agreement on Subsidies and Countervailing Measures’’ means the agree- ment referred to in section 3511(d)(12) of this title. (4) Antidumping Agreement The term ‘‘Antidumping Agreement’’ means the Agreement on Implementation of Article