19 U.S.C. § 2543 — Representation of United States interests

Page 746 TITLE 19—CUSTOMS DUTIES § 2533 title III, § 351(e)(4), Dec. 8, 1994, 108 Stat. 4956, and, as so amended, no longer contains clauses. AMENDMENTS 1996—Par. (4). Pub. L. 104–295 inserted comma after ‘‘system, if any’’. 1994—Par. (4). Pub. L. 103–465 substituted ‘‘Access’’ for ‘‘Certification access’’ in heading, and, in text, sub- stituted ‘‘conformity assessment procedure’’ for ‘‘cer- tification system’’ and ‘‘an assessment of conformity and the mark of the system, if any’’ for ‘‘certification under that system’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title. § 2533. State and private standards-related activi- ties (a) In general It is the sense of the Congress that no State agency and no private person should engage in any standards-related activity that creates un- necessary obstacles to the foreign commerce of the United States. (b) Presidential action The President shall take such reasonable measures as may be available to promote the ob- servance by State agencies and private persons, in carrying out standards-related activities, of requirements equivalent to those imposed on Federal agencies under section 2532 of this title, and of procedures that provide for notification, participation, and publication with respect to such activities. (Pub. L. 96–39, title IV, § 403, July 26, 1979, 93 Stat. 243.) PART B—FUNCTIONS OF FEDERAL AGENCIES § 2541. Functions of Trade Representative (a) In general The Trade Representative shall coordinate the consideration of international trade policy issues that arise as a result of, and shall develop international trade policy as it relates to, the implementation of this subchapter. (b) Negotiating functions The Trade Representative has responsibility for coordinating United States discussions and negotiations with foreign countries for the pur- pose of establishing mutual arrangements with respect to standards-related activities. In car- rying out this responsibility, the Trade Rep- resentative shall inform and consult with any Federal agency having expertise in the matters under discussion and negotiation. (c) Cross reference For provisions of law regarding general authority of the Trade Representative with respect to trade agreements, see section 2171 of this title. (Pub. L. 96–39, title IV, § 411, July 26, 1979, 93 Stat. 243; Pub. L. 103–182, title III, § 351(b)(2), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), (2), Oct. 11, 1996, 110 Stat. 3529, 3530.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295, § 21(b)(1), amended directory language of Pub. L. 103–182, § 351(b)(2). See 1993 Amend- ment notes below. Subsec. (c). Pub. L. 104–295, § 21(b)(2), substituted ‘‘Trade Representative’’ for ‘‘Special Representatives’’. 1993—Pub. L. 103–182, § 351(b)(2)(B), as amended by Pub. L. 104–295, § 21(b)(1), substituted ‘‘Trade Represent- ative’’ for ‘‘Special Representative’’ in section catch- line. Subsecs. (a), (b). Pub. L. 103–182, § 351(b)(2)(A), as amended by Pub. L. 104–295, § 21(b)(1), substituted ‘‘Trade Representative’’ for ‘‘Special Representative’’ wherever appearing. § 2542. Establishment and operation of technical offices (a) Establishment (1) For nonagricultural products The Secretary of Commerce shall establish and maintain within the Department of Com- merce a technical office that shall carry out the functions prescribed under subsection (b) with respect to nonagricultural products. (2) For agricultural products The Secretary of Agriculture shall establish and maintain within the Department of Agri- culture a technical office that shall carry out the functions prescribed under subsection (b) with respect to agricultural products. (b) Functions of offices The President shall prescribe for each tech- nical office established under subsection (a) such functions as the President deems necessary or appropriate to implement this subchapter. (Pub. L. 96–39, title IV, § 412, July 26, 1979, 93 Stat. 244.) Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion delegated to Secretary of Commerce regarding technical office established under subsec. (a)(1) of this section, and to Secretary of Agriculture regarding technical office established under subsec. (a)(2) of this section, see section 1–103(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title. § 2543. Representation of United States interests before international standards organizations (a) Oversight and consultation The Secretary concerned shall— (1) inform, and consult and coordinate with, the Trade Representative with respect to international standards-related activities identified under paragraph (2); (2) keep adequately informed regarding international standards-related activities and identify those that may substantially affect the commerce of the United States; and (3) carry out such functions as are required under subsections (b) and (c). (b) Representation of United States interests by private persons (1) Definitions For purposes of this subsection— Page 747 TITLE 19—CUSTOMS DUTIES § 2544 (A) Organization member The term ‘‘organization member’’ means the private person who holds membership in a private international standards organiza- tion. (B) Private international standards organiza- tion The term ‘‘private international standards organization’’ means any international standards organization before which the in- terests of the United States are represented by a private person who is officially recog- nized by that organization for such purpose. (2) In general Except as otherwise provided for in this sub- section, the representation of United States interests before any private international standards organization shall be carried out by the organization member. (3) Inadequate representation If the Secretary concerned, after inquiry in- stituted on his own motion or at the request of any private person, Federal agency, or State agency having an interest therein, has reason to believe that the participation by the orga- nization member in the proceedings of a pri- vate international standards organization will not result in the adequate representation of United States interests that are, or may be, affected by the activities of such organization (particularly with regard to the potential im- pact of any such activity on the international trade of the United States), the Secretary con- cerned shall immediately notify the organiza- tion member concerned. During any such in- quiry, the Secretary concerned may solicit and consider the advice of the appropriate rep- resentatives referred to in section 2547 of this title. (4) Action by organization member If within the 90-day period after the date on which notification is received under paragraph (3) (or such shorter period as the Secretary concerned determines to be necessary in ex- traordinary circumstances), the organization member demonstrates to the Secretary con- cerned its willingness and ability to represent adequately United States interests before the private international standards organization, the Secretary concerned shall take no further action under this subsection. (5) Action by Secretary concerned If— (A) within the appropriate period referred to in paragraph (4), the organization member does not respond to the Secretary concerned with respect to the notification, or does re- spond but does not demonstrate to the Sec- retary concerned the requisite willingness and ability to represent adequately United States interests; or (B) there is no organization member of the private international standards organiza- tion; the Secretary concerned shall make appro- priate arrangements to provide for the ade- quate representation of United States inter- ests. In cases where subparagraph (A) applies, such provision shall be made by the Secretary concerned through the appropriate organiza- tion member if the private international standards organization involved requires rep- resentation by that member. (c) Representation of United States interests by Federal agencies With respect to any international standards organization before which the interests of the United States are represented by one or more Federal agencies that are officially recognized by that organization for such purpose, the Sec- retary concerned shall— (1) encourage cooperation among interested Federal agencies with a view toward facili- tating the development of a uniform position with respect to the technical activities with which the organization is concerned; (2) encourage such Federal agencies to seek information from, and to cooperate with, the affected domestic interests when undertaking such representation; and (3) not preempt the responsibilities of any Federal agency that has jurisdiction with re- spect to the activities undertaken by such or- ganization, unless requested to do so by such agency. (Pub. L. 96–39, title IV, § 413, July 26, 1979, 93 Stat. 244; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1993—Subsec. (a)(1). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted ‘‘Trade Representative’’ for ‘‘Special Representative’’. § 2544. Standards information center (a) Establishment The Secretary of Commerce shall maintain within the Department of Commerce a standards information center. (b) Functions The standards information center shall— (1) serve as the central national collection facility for information relating to (A) stand- ards, technical regulations, conformity assess- ment procedures, and standards-related activi- ties, whether such standards, technical regula- tions, conformity assessment procedures, or activities are public or private, domestic or foreign, or international, regional, national, or local and (B) the membership and participa- tion of Federal, State, or local government bodies or private bodies in the United States in international and regional standardizing bodies and conformity assessment systems, as well as in bilateral and multilateral arrange- ments concerning standards-related activities; (2) make available to the public at such rea- sonable fee as the Secretary shall prescribe, copies of information required to be collected under paragraph (1) other than information to which paragraph (3) applies;