19 U.S.C. § 2502 — Purposes

Page 727 TITLE 19—CUSTOMS DUTIES § 2502 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. CHAPTER 13—TRADE AGREEMENTS ACT OF 1979 Sec. 2501. Short title. 2502. Congressional statement of purposes. 2503. Approval of trade agreements. 2504. Relationship of trade agreements to United States law. SUBCHAPTER I—GOVERNMENT PROCUREMENT 2511. General authority to modify discriminatory purchasing requirements. 2512. Authority to encourage reciprocal competi- tive procurement practices. 2513. Waiver of discriminatory purchasing require- ments with respect to purchases of civil air- craft. 2514. Expansion of the coverage of the Agreement. 2515. Monitoring and enforcement. 2516. Repealed. 2517. Availability of information to Members of Congress designated as official advisers. 2518. Definitions. SUBCHAPTER II—TECHNICAL BARRIERS TO TRADE (STANDARDS) PART A—OBLIGATIONS OF THE UNITED STATES 2531. Certain standards-related activities. 2532. Federal standards-related activities. 2533. State and private standards-related activi- ties. PART B—FUNCTIONS OF FEDERAL AGENCIES 2541. Functions of Trade Representative. 2542. Establishment and operation of technical of- fices. 2543. Representation of United States interests be- fore international standards organizations. 2544. Standards information center. 2545. Contracts and grants. 2546. Technical assistance. 2547. Consultations with representatives of domes- tic interests. PART C—ADMINISTRATIVE AND JUDICIAL PROCEEDINGS REGARDING STANDARDS-RELATED ACTIVITIES SUBPART 1—REPRESENTATIONS ALLEGING UNITED STATES VIOLATIONS OF OBLIGATIONS 2551. Right of action. 2552. Representations. 2553. Action after receipt of representations. 2554. Procedure after finding by international forum. SUBPART 2—OTHER PROCEEDINGS REGARDING CERTAIN STANDARDS-RELATED ACTIVITIES 2561. Findings of reciprocity required in adminis- trative proceedings. 2562. Consideration of standards-related activities by an international forum. PART D—DEFINITIONS AND MISCELLANEOUS PROVISIONS 2571. Definitions. 2572. Exemptions. 2573. Reports to Congress on operation of agree- ment. PART E—STANDARDS AND MEASURES UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT SUBPART 1—SANITARY AND PHYTOSANITARY MEASURES 2575. General. Sec. 2575a. Inquiry point. 2575b. Subpart definitions. SUBPART 2—STANDARDS-RELATED MEASURES 2576. General. 2576a. Inquiry point. 2576b. Subpart definitions. SUBPART 3—PART DEFINITIONS 2577. Definitions. PART F—INTERNATIONAL STANDARD-SETTING ACTIVITIES 2578. Notice of United States participation in international standard-setting activities. 2578a. Equivalence determinations. 2578b. Definitions. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 2581. Auction of import licenses. 2582. Repealed. § 2501. Short title This Act may be cited as the ‘‘Trade Agree- ments Act of 1979’’. (Pub. L. 96–39, § 1(a), July 26, 1979, 93 Stat. 144.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–39, July 26, 1979, 93 Stat. 144, which enacted this chapter and sec- tions 1516a, 1671 to 1671f, 1673 to 1673i, 1675, 1677 to 1677g, and 2413 to 2416 of this title, amended the Tariff Sched- ules, and sections 1303, 1311, 1315, 1332, 1336, 1337, 1351, 1401a, 1466, 1500, 1514 to 1516, 1872, 2033, 2112, 2119, 2131, 2155, 2192, 2194, 2211, 2251, 2253, 2411, 2412, 2432, 2434, 2435, 2462 to 2464, 2481, and 2486 of this title, section 5315 of Title 5, Government Organization and Employees, sec- tion 301 of Title 13, Census, sections 993, 5001 to 5008, 5043, 5061, 5064, 5066, 5116, 5171 to 5173, 5175 to 5178, 5180, 5181, 5201 to 5205, 5207, 5211 to 5215, 5221 to 5223, 5231, 5232, 5235, 5241, 5273, 5291, 5301, 5352, 5361 to 5363, 5365, 5381, 5391, 5551, 5601, 5604, 5610, 5612, 5615, 5663, 5681, 5682, and 5691 of Title 26, Internal Revenue Code, and sec- tions 1541, 1582, 2632, and 2633, and 2637 of Title 28, Judi- ciary and Judicial Procedure, repealed sections 160 to 171 and 1402 of this title and sections 5009, 5021 to 5026, 5081 to 5084, 5174, 5233, 5234, 5251, 5252, 5364, and 5521 to 5523 of Title 26, enacted provisions set out as notes under sections 160, 1202, 1303, 1311, 1401a, 1516a, 1671, 2111, 2112, 2119, 2135, 2464, 2511, 2531, and 2581 of this title, section 301 of Title 13, and sections 1, 5001, 5061, 5171, and 5173 of Title 26, and amended provisions set out as notes in the Tariff Schedules and under section 2101 of this title. For complete classification of this Act to the Code, see Tables. § 2502. Purposes The purposes of this Act are— (1) to approve and implement the trade agreements negotiated under the Trade Act of 1974 [19 U.S.C. 2101 et seq.]; (2) to foster the growth and maintenance of an open world trading system; (3) to expand opportunities for the commerce of the United States in international trade; and (4) to improve the rules of international trade and to provide for the enforcement of such rules, and for other purposes. (Pub. L. 96–39, § 1(c), July 26, 1979, 93 Stat. 146.) Page 728 TITLE 19—CUSTOMS DUTIES § 2503 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT This Act, referred to in provision preceding par. (1), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For complete classifica- tion of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. The Trade Act of 1974, referred to in par. (1), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see Ref- erences in Text note set out under section 2101 of this title and Tables. § 2503. Approval of trade agreements (a) Approval of agreements and statements of ad- ministrative action In accordance with the provisions of sections 2112 and 2191 of this title, the Congress approves the trade agreements described in subsection (c) submitted to the Congress on June 19, 1979, and the statements of administrative action pro- posed to implement such trade agreements sub- mitted to the Congress on that date. (b) Acceptance of agreements by the President (1) In general The President may accept for the United States the final legal instruments or texts em- bodying each of the trade agreements ap- proved by the Congress under subsection (a). The President shall submit a copy of each final instrument or text to the Congress on the date such text or instrument is available, together with a notification of any changes in the instruments or texts, including their an- nexes, if any, as accepted and the texts of such agreements as submitted to the Congress under subsection (a). Such final legal instru- ments or texts shall be deemed to be the agreements submitted to and approved by the Congress under subsection (a) if such changes are— (A) only rectifications of a formal char- acter or minor technical or clerical changes which do not affect the substance or mean- ing of the texts as submitted to the Congress on June 19, 1979, or (B) changes in annexes to such agree- ments, and the President determines that the balance of United States rights and obli- gations under such agreements is main- tained. (2) Application of agreement between the United States and other countries No agreement accepted by the President under paragraph (1) shall apply between the United States and any other country unless the President determines that such country— (A) has accepted the obligations of the agreement with respect to the United States, and (B) should not otherwise be denied the ben- efits of the agreement with respect to the United States because such country has not accorded adequate benefits, including sub- stantially equal competitive opportunities for the commerce of the United States to the extent required under section 2136(c) 1 of this title, to the United States. (3) Limitation on acceptance concerning major industrial countries The President may not accept an agreement described in paragraph (1), (2), (3), (4), (5), (6), (7), (9), (10), or (11) of subsection (c), unless he determines that each major industrial country (as defined in section 2136(d) 1 of this title) is also accepting the agreement. Notwith- standing the preceding sentence, the President may accept such an agreement, if he deter- mines that only one major industrial country is not accepting that agreement and the ac- ceptance of that agreement by that country is not essential to the effective operation of the agreement, and if— (A) that country is not a major factor in trade in the products covered by that agree- ment, (B) the President has authority to deny the benefits of the agreement to that coun- try and has taken steps to deny the benefits of the agreement to that country, or (C) a significant portion of United States trade would benefit from the agreement, notwithstanding such nonacceptance, and the President determines and reports to the Congress that it is in the national interest of the United States to accept the agreement. For purposes of this paragraph, the acceptance of an agreement by the European Commu- nities on behalf of its member countries shall also be treated as acceptance of that agree- ment by each member country, and accept- ance of an agreement by all the member coun- tries of the European Communities shall also be treated as acceptance of that agreement by the European Communities. (c) Trade agreements to which this Act applies The trade agreements to which subsection (a) applies are the following: (1) The Agreement on Implementation of Ar- ticle VII of the General Agreement on Tariffs and Trade (relating to customs valuation). (2) The Agreement on Government Procure- ment. (3) The Agreement on Import Licensing Pro- cedures. (4) The Agreement on Technical Barriers to Trade (relating to product standards). (5) The Agreement on Interpretation and Ap- plication of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (re- lating to subsidies and countervailing meas- ures). (6) The Agreement on Implementation of Ar- ticle VI of the General Agreement on Tariffs and Trade (relating to antidumping measures). (7) The International Dairy Arrangement. (8) Certain bilateral agreements on cheese, other dairy products, and meat. (9) The Arrangement Regarding Bovine Meat. (10) The Agreement on Trade in Civil Air- craft. (11) Texts Concerning a Framework for the Conduct of World Trade. (12) Certain Bilateral Agreements to Elimi- nate the Wine-Gallon Method of Tax and Duty Assessment. (13) Certain other agreements to be reflected in Schedule XX of the United States to the