19 U.S.C. § 2803 — Designation of major wine trading coun-

Page 809 TITLE 19—CUSTOMS DUTIES § 2804 1 So in original. Probably should be capitalized. 2 So in original. Probably should be ‘‘therefor;’’. United States wine, includes any measure im- plemented by the government of a major wine trading country that either gives a competi- tive advantage to the wine industry of that country or restricts the importation of United States wine into that country. (5) The term ‘‘Trade Representative’’ means the United States Trade Representative. (6) The term ‘‘United States wine’’ means wine produced within the customs territory of the United States. (7) The term ‘‘wine’’ means any fermented alcoholic beverage that— (A) is made from grapes or other fruit; (B) contains not less than 0.5 percent alco- hol by volume and not more than 24 percent alcohol by volume, including all dilutions and mixtures thereof by whatever process produced; and (C) is for nonindustrial use. (Pub. L. 98–573, title IX, § 903, Oct. 30, 1984, 98 Stat. 3048.) § 2803. Designation of major wine trading coun- tries (a) The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries rep- resented as an economic union, that, in the judgment of the Trade Representative— (1) is a potential significant market for United States wine; and (2) maintains tariff barriers or nontariff bar- riers to (or other distortions of) trade in United States wine. (b) In deciding, for purposes of subsection (a)(2), whether a foreign country or group of countries maintains nontariff barriers to (or other distortions of) trade in United States wine, the Trade Representative shall take into account— (1) the review and report required under sec- tion 854(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2135 note); (2) such relevant actions that may have been taken by that country or group since that re- view was conducted; and (3) such information as may be submitted under section 2805 of this title by representa- tives of the wine and grape products industries in the United States, as well as other sources. (Pub. L. 98–573, title IX, § 904, Oct. 30, 1984, 98 Stat. 3048.) Editorial Notes REFERENCES IN TEXT Section 854(a) of the Trade Agreements Act of 1979, referred to in subsec. (b)(1), is section 854(a) of Pub. L. 96–39, title VIII, July 26, 1979, 93 Stat. 294, which is set out as a note under section 2135 of this title. § 2804. Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine (a) Consultations with major wine trading coun- tries The President shall direct the Trade Rep- resentative to enter into consultations with each major wine trading country to seek a re- duction or elimination of that country’s tariff barriers and nontariff barriers to (or other dis- tortions of) trade in United States wine. (b) Reports to Congress on actions taken to ex- pand export opportunities (1) the 1 President shall notify each of the Committees regarding the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979 [19 U.S.C. 2135 note], and during the 12-month period beginning on October 30, 1984, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include— (A) a description of each act, policy, and practice (and of its legal basis and operation) in that country that constitutes a tariff bar- rier or nontariff barrier to (or other distortion of) trade in United States wine (and that de- scription shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979); (B) an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party; (C) information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, policy, or practice, including, but not lim- ited to— (i) any action under the Trade Act of 1974 [19 U.S.C. 2101 et seq.], and (ii) any negotiation or consultation with any foreign government; (D) if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; 2 and (E) recommendations to the Congress of any additional legislative authority or other ac- tion which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by section 1872(a) of this title. (c) Enforcement of rights If the President, after taking into account in- formation and advice received under subsections (a) and (b), section 2805 of this title or from other sources, determines that action is appro- priate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and— (1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or