19 U.S.C. § 2503 — Approval of trade agreements

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 Page 729 TITLE 19—CUSTOMS DUTIES § 2503 General Agreement on Tariffs and Trade, in- cluding Agreements— (A) to Modify United States Watch Mark- ing Requirements, and to Modify United States Tariff Nomenclature and Rates of Duty for Watches, (B) to Provide Duty-Free Treatment for Agricultural and Horticultural Machinery, Equipment, Implements, and Parts Thereof, and (C) to Modify United States Tariff Nomen- clature and Rates of Duty for Ceramic Ta- bleware. (14) The Agreement with the Hungarian Peo- ple’s Republic. (Pub. L. 96–39, § 2, July 26, 1979, 93 Stat. 147.) Editorial Notes REFERENCES IN TEXT Section 2136(c) of this title, referred to in subsec. (b)(2)(B), was repealed, and section 2136(d) of this title, referred to in subsec. (b)(3), which defined the term ‘‘major industrial country’’ was redesignated section 2136(c), by Pub. L. 105–362, title XIV, § 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294. This Act, referred to in subsec. (c), 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. Statutory Notes and Related Subsidiaries APPROVAL AND IMPLEMENTATION OF PROTOCOL TO THE TRADE AGREEMENT RELATING TO CUSTOMS VALUATION Pub. L. 96–490, § 1, Dec. 2, 1980, 94 Stat. 2556, provided that: ‘‘(a) APPROVAL OF PROTOCOL.—In accordance with the provisions of sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the Congress approves— ‘‘(1) the trade agreement entitled ‘Protocol to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade’ (hereinafter in this Act [amending section 1401a of this title and enacting provision set out as a note under section 1401a of this title] referred to as the ‘Protocol’) sub- mitted to the Congress on August 1, 1980; and ‘‘(2) the statement of administrative action pro- posed to implement such trade agreement submitted to the Congress on that date. ‘‘(b) ACCEPTANCE OF PROTOCOL BY THE PRESIDENT.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the President may accept the Protocol for the United States. ‘‘(2) LIMITATION ON ACCEPTANCE OF PROTOCOL.—Para- graph (3) of section 2(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b)(3)) (relating to the limitation on acceptance of trade agreements concerning major industrial countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is referred to in such paragraph (3). ‘‘(c) APPLICATION OF PROTOCOL.—Paragraph (2) of sec- tion 2(b) of such Act of 1979 (19 U.S.C. 2503(b)(2)) (relat- ing to the application of agreements between the United States and other countries) applies to the Pro- tocol and for such purpose the Protocol shall be treated as a trade agreement that is accepted by the President under paragraph (1) of such section 2(b). ‘‘(d) RELATIONSHIP OF PROTOCOL TO UNITED STATES LAW.—Subsections (a), (b), (c), and (f) of section 3 of such Act of 1979 (19 U.S.C. 2504(a), (b), (c), and (f) [19 U.S.C. 2504(a), (b), (c), and (d)]) (relating to the priority of domestic law in case of conflict, implementing regu- lations, statutory changes to implement agreement amendments, and disclaimer regarding the creation of any private right of action or remedy) apply to the Pro- tocol and for such purpose the Protocol shall be treated as a trade agreement approved by the Congress under section 2(a) of such Act of 1979, 19 U.S.C. 2503(a).’’ [The Protocol was accepted for the United States on Dec. 30, 1980.] Executive Documents DELEGATION OF FUNCTIONS Functions of the President under subsec. (b) of this section delegated to the United States Trade Rep- resentative, see section 1–103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title. DETERMINATION REGARDING THE MULTILATERAL TRADE NEGOTIATIONS Memorandum of President of the United States, Dec. 14, 1979, 44 F.R. 74781, provided: Memorandum for the Special Representative for Trade Negotiations I have signed the enclosed document [set out below] concerning certain international trade agreements pur- suant to the authority vested in me under the Constitu- tion and laws of the United States, including the Trade Agreements Act of 1979 (Public Law 96–39, 93 Stat. 144) and section 301 of title 3 of the United States Code. On my behalf, please transmit copies of this docu- ment to the Speaker of the House of Representatives and the President of the Senate. This document shall be published in the Federal Reg- ister. JIMMY CARTER. PRESIDENTIAL DETERMINATION REGARDING THE AC- CEPTANCE AND APPLICATION OF CERTAIN INTERNATIONAL TRADE AGREEMENTS 1. Pursuant to section 102 of the Trade Act of 1974 (19 U.S.C. 2112(b)), I, through my duly empowered rep- resentative, on April 12, 1979, entered into the inter- national agreements negotiated in the Tokyo Round of Multilateral Trade Negotiations. These agreements were: (i) Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade; (ii) Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade; (iii) Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade; (iv) Agreement on Government Procurement; (v) Agreement on Technical Barriers to Trade; (vi) Agreement on Import Licensing Procedures; (vii) Agreement on Trade in Civil Aircraft; (viii) International Dairy Arrangement; and (ix) Arrangement Regarding Bovine Meat. These agreements are collectively referred to herein as the ‘‘MTN agreements’’. 2. In accordance with sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the MTN agree- ments were submitted to Congress for its approval. Sec- tion 2 of the Trade Agreements Act of 1979 (93 Stat. 147) [19 U.S.C. 2503] approves the MTN agreements and au- thorizes the President to accept each of the MTN agree- ments provided that the President determines that all, or all but one, of the major industrial countries (as de- fined in section 126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d)) is also accepting the agreement. If the Presi- dent determines that only one major industrial country is not accepting an agreement, the President may nev- ertheless accept such an agreement if he determines that the acceptance of that agreement by that country is not essential to the effective operation of the agree- ment, and if: (A) that country is not a major factor in trade in the products covered by that agreement; (B) the President has authority to deny the benefits of the agreement to that country and has taken steps to deny the benefits of the agreement to that coun- try; or 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