19 U.S.C. § 2504 — Relationship of trade agreements to

Page 730 TITLE 19—CUSTOMS DUTIES § 2504 (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 agree- ment. 3. Section 2 of the Trade Agreements Act of 1979 also provides that no agreement accepted by the President 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 benefits of the agreement with respect to the United States be- cause such country has not accorded adequate bene- fits, including substantially equal competitive oppor- tunities for the commerce of the United States to the extent required under section 126(c) of the Trade Act of 1974 (19 U.S.C. 2136(c)), to the United States. 4. Section 701 of the Tariff Act of 1930, as amended ef- fective January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671], provides that the President must determine that cer- tain conditions must be met before a country can be considered a ‘‘country under the Agreement’’ and, therefore, entitled to the injury determination pro- vided for in section 703(a) and 705(b) of the Tariff Act of 1930 (93 Stat. 152 and 159) [19 U.S.C. 1671b(a) and 1671d(b)]. 5. Section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267) authorizes the President to proclaim cer- tain modifications in the Tariff Schedules of the United States if the President determines that the conditions under section 2(b) of the Trade Agreements Act of 1979 (93 Stat. 147) [19 U.S.C. 2503(b)] on acceptance of the Agreement on Trade in Civil Aircraft have been ful- filled. NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, acting under and by vir- tue of the authority vested in me as President, and in conformity with the provisions of sections 2 and 601(a) of the Trade Agreements Act of 1979 (93 Stat. 147 and 267), herein referred to as ‘‘the Act’’, section 701 of the Tariff Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671], and section 301 of title 3 of the United States Code do hereby 1. Determine that: a. With respect to the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade, the Agree- ment on Implementation of Article VI of the General Agreement on Tariffs and Trade, the Agreement on Technical Barriers to Trade, the Agreement on Import Licensing Procedures, and the Agreement on Trade in Civil Aircraft, (i) in accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147) [19 U.S.C. 2503(b)(1), (3)], each major industrial country (as defined in section 126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d)) is also accepting the agreement with the exception of Japan; (ii) in accordance with section 2(b)(3) of the Act (93 Stat. 147), the acceptance of these agreements by Japan is not essential to the effective operation of the agreements for that period of time during which Japan is completing its Constitutional procedures to accept the agreements and in light of the stated in- tention of the Government of Japan to act in the in- terim in line with the agreements within its existing powers; and (iii) in accordance with section 2(b)(3)(C) of the Act (93 Stat. 148), a significant portion of United States trade will benefit from these agreements, notwith- standing the anticipated short delay in acceptance by Japan, and it is in the national interest of the United States to accept these agreements. b. The conditions in section 701(b)(3)(A), (B) and (C) of the Tariff Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671(b)(3)(A), (B), (C)] will have been met with respect to Venezuela, Honduras, Nepal, North Yemen, El Salvador, Paraguay and Libe- ria. c. With respect to the International Dairy Arrange- ment, (i) in accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147), each major industrial country (as defined in section 126(d)) [19 U.S.C. 2136(d)] is also ac- cepting the agreement with the exception of Canada; (ii) in accordance with section 2(b)(3) of the Act (93 Stat. 147), the acceptance of this agreement by Can- ada is not essential to the effective operation of the agreement; and (iii) in accordance with section 2(b)(3)(A) of the Act, Canada is not a major factor in trade in the products covered by the agreement. d. With respect to the Arrangement Regarding Bovine Meat, in accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147), each major industrial country (as de- fined in section 126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d) is also accepting the agreement. e. In accordance with section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267), (i) the conditions under section 2(b) of that Act (93 Stat. 147) on acceptance of the Agreement on Trade in Civil Aircraft have been fulfilled; (ii) the modifications provided for in section A of Annex II to Proclamation No. 4707 of December 11, 1979 [see note set out under section 2111 of this title], which were authorized by section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267), shall be effec- tive with respect to articles entered, or withdrawn from warehouse, for consumption on and after Janu- ary 1, 1980; and (iii) the amendment to section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) provided for in section 601(a)(3) of the Trade Agreements Act of 1979 (93 Stat. 268) shall be effective with respect to entries made under section 466 on and after January 1, 1980. 2. Authorize the United States Special Representa- tive for Trade Negotiations [now United States Trade Representative], or his designee, on behalf of the United States of America, (a) to sign and accept the Agreement on Interpreta- tion and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade, the Agreement on Implementation of Article VI of the Gen- eral Agreement on Tariffs and Trade, the Agreement on Technical Barriers to Trade, the Agreement on Import Licensing Procedures, the Agreement on Trade in Civil Aircraft, the International Dairy Arrangement and the Arrangement Regarding Bovine Meat; (b) to sign the Agreement on Government Procure- ment subject to satisfactory completion of negotia- tions on entity coverage under the Agreement; and (c) to sign the Agreement on Implementation of Arti- cle VII of the General Agreement on Tariffs and Trade subject to acceptance. 3. [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.] JIMMY CARTER. § 2504. Relationship of trade agreements to United States law (a) United States statutes to prevail in conflict No provision of any trade agreement approved by the Congress under section 2503(a) of this title, nor the application of any such provision to any person or circumstance, which is in con- flict with any statute of the United States shall be given effect under the laws of the United States. (b) Implementing regulations Regulations necessary or appropriate to carry out actions proposed in any statement of pro- posed administrative action submitted to the Congress under section 2112 of this title to im- plement each agreement approved under section 2503(a) of this title shall be issued within 1 year Page 731 TITLE 19—CUSTOMS DUTIES § 2511 after the date of the entry into force of such agreement with respect to the United States. (c) Changes in statutes to implement a require- ment, amendment, or recommendation (1) Presidential determination Whenever the President determines that it is necessary or appropriate to amend, repeal, or enact a statute of the United States in order to implement any requirement of, amendment to, or recommendation under such an agreement, he shall submit to the Congress a draft of a bill to accomplish the amendment, repeal, or enactment and a statement of any administrative action proposed to implement the requirement, amendment, or recommenda- tion. Not less than 30 days before submitting such a bill, the President shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each committee of the House or Senate which has jurisdiction over legislation involving subject matters which would be affected by such amendment, repeal, or enactment. The consultation shall treat all matters relating to the implementa- tion of such requirement, amendment, or rec- ommendation, as provided in paragraphs (2) and (3). (2) Conditions for taking effect under United States law No such amendment shall enter into force with respect to the United States, and no such requirement, amendment, or recommendation shall be implemented under United States law, unless— (A) the President, after consultation with the Congress under paragraph (1), notifies the House of Representatives and the Senate of his determination and publishes notice of that determination in the Federal Register, (B) the President transmits a document to the House of Representatives and to the Sen- ate containing a copy of the text of such re- quirement, amendment, or recommendation, together with— (i) a draft of a bill to amend or repeal provisions of existing statutes or to create statutory authority and an explanation as to how the bill and any proposed adminis- trative action affect existing law, and (ii) a statement of how the requirement, amendment, or recommendation serves the interests of United States commerce and why the legislative and administrative ac- tion is necessary or appropriate to carry out the requirement, amendment, or rec- ommendation, and (C) the bill submitted by the President is enacted into law. (3) Recommendations as to application The President may make the same type of recommendations, in the same manner and subject to the same conditions, to the Con- gress with respect to the application of any such requirement, amendment, or rec- ommendation as he may make, under section 2112(f) of this title, with respect to a trade agreement. (4) Congressional procedures applicable The bill submitted by the President shall be introduced in accordance with the provisions of subsection (c)(1) of section 2191 of this title, and the provisions of subsections (d), (e), (f), and (g) of such section shall apply to the con- sideration of the bill. For the purpose of ap- plying section 2191 of this title to such bill— (A) the term ‘‘trade agreement’’ shall be treated as a reference to the requirement, amendment, or recommendation, and (B) the term ‘‘implementing bill’’ or ‘‘im- plementing revenue bill’’, whichever is ap- propriate, shall be treated as a reference to the bill submitted by the President. (d) Unspecified private remedies not created Neither the entry into force with respect to the United States of any agreement approved under section 2503(a) of this title, nor the enact- ment of this Act, shall be construed as creating any private right of action or remedy for which provision is not explicitly made under this Act or under the laws of the United States. (Pub. L. 96–39, § 3(a)–(c), (f), July 26, 1979, 93 Stat. 148–150.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144, known as the Trade Agree- ments Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. CODIFICATION As originally enacted section 3 of Pub. L. 96–39 con- sisted of subsecs. (a) to (c), (e) and (f), without a provi- sion designated as (d). Subsec. (e) amended section 2111(b)(1) of this title and subsec. (f) has been redesig- nated as (d) for the purposes of codification of this sec- tion. Statutory Notes and Related Subsidiaries UNITED STATES-CANADA FREE-TRADE AGREEMENT Subsec. (c) of this section applicable as if United States-Canada Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an agreement approved under section 2503(a) of this title, see section 102(e) of Pub. L. 100–449, set out in a note under section 2112 of this title. SUBCHAPTER I—GOVERNMENT PROCUREMENT § 2511. General authority to modify discrimina- tory purchasing requirements (a) Presidential waiver of discriminatory pur- chasing requirements Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign coun- try or instrumentality designated under sub- section (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and sup- pliers, result in treatment less favorable than that accorded— (1) to United States products and suppliers of such products; or