19 U.S.C. § 2119 — Staging requirements and rounding au-

Page 514 TITLE 19—CUSTOMS DUTIES § 2116 § 2116. Agreements with developing countries A United States negotiating objective under sections 2111 and 2112 of this title shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities. (Pub. L. 93–618, title I, § 106, Jan. 3, 1975, 88 Stat. 1985.) § 2117. International safeguard procedures (a) Harmonization, reduction, or elimination of barriers and distortions affecting inter- national trade; use of temporary measures A principal United States negotiating objec- tive under section 2112 of this title shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the par- ties to an agreement resulting from such nego- tiations due to the expansion of international trade. (b) Permissible provisions Any agreement entered into under section 2112 of this title may include provisions establishing procedures for— (1) notification of affected exporting coun- tries, (2) international consultations, (3) international review of changes in trade flows, (4) making adjustments in trade flows as the result of such changes, and (5) international mediation. Such agreements may also include provisions which— (A) exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and (B) permit domestic public procedures through which interested parties have the right to participate. (Pub. L. 93–618, title I, § 107, Jan. 3, 1975, 88 Stat. 1985.) § 2118. Access to supplies (a) Fair and equitable access A principal United States negotiating objec- tive under section 2112 of this title shall be to enter into trade agreements with foreign coun- tries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements. (b) Continued availability; reciprocal conces- sions; comparable trade obligations Any agreement entered into under section 2112 of this title may include provisions which— (1) assure to the United States the continued availability of important articles at reason- able prices, and (2) provide reciprocal concessions or com- parable trade obligations, or both, by the United States. (Pub. L. 93–618, title I, § 108, Jan. 3, 1975, 88 Stat. 1985.) § 2119. Staging requirements and rounding au- thority (a) Maximum aggregate reductions in rates of duty Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursu- ant to a trade agreement under section 2111 of this title shall not exceed the aggregate reduc- tion which would have been in effect on such day if— (1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 2111(a)(2) of this title to carry out such agreement with respect to such article, and (2) a reduction equal to the amount applica- ble under paragraph (1) had taken effect at 1- year intervals after the effective date of such first reduction. This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction. (b) Simplification of computation If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 2111(b) of this title or subsection (a) of this section by not more than whichever of the following is less- er: (1) the difference between the limitation and the next lower whole number, or (2) one-half of 1 percent ad valorem. (c) Ten-year period for commencement of reduc- tions in rates of duty (1) No reduction in the rate of duty on any ar- ticle pursuant to a trade agreement under sec- tion 2111 of this title shall take effect more than 10 years after the effective date of the first re- duction proclaimed to carry out such trade agreement with respect to such article. (2) If any part of a reduction takes effect, then any time thereafter during which any part of the reduction is not in effect by reason of legis- lation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining— (A) the 1-year intervals referred to in sub- section (a)(2), and (B) the expiration of the 10-year period re- ferred to in paragraph (1) of this subsection. (Pub. L. 93–618, title I, § 109, Jan. 3, 1975, 88 Stat. 1985; Pub. L. 96–39, title XI, § 1106(c)(3), July 26, 1979, 93 Stat. 312.) Page 515 TITLE 19—CUSTOMS DUTIES § 2132 Editorial Notes AMENDMENTS 1979—Subsec. (c)(2). Pub. L. 96–39 substituted ‘‘any part of the reduction’’ for ‘‘such part of the reduction’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective July 26, 1979, see section 1114 of Pub. L. 96–39, set out as an Effective Date note under section 2581 of this title. STAGING OF CERTAIN TARIFF REDUCTIONS Pub. L. 96–39, title V, § 503, July 26, 1979, 93 Stat. 251, provided that: ‘‘(a) IN GENERAL.—The aggregate reduction in the rate of duty applicable to items described in this sub- section in effect on any day pursuant to a trade agree- ment entered into under section 101 of the Trade Act of 1974 [19 U.S.C. 2111] before January 3, 1980, may exceed the limitation in section 109(a) of such Act (19 U.S.C. 2119): ‘‘(1) Items amended under section 223(d) of this Act [items 402.00 to 413.51 of the Tariff Schedules] to the extent that they apply to articles which the Presi- dent determines were not imported into the United States before January 1, 1978, and were not produced in the United States before May 1, 1978. ‘‘(2)(A) Items to the extent that they apply to arti- cles which the President determines are not import sensitive and are the product of a least developed de- veloping country as defined in the United Nations General Assembly list of ‘‘Least Developed Coun- tries’’ and which are beneficiary developing countries under section 502 of the Trade Act of 1974 [19 U.S.C. 2462]. ‘‘(B) The President may at any time suspend the treatment accorded under subparagraph (A) in which case the aggregate reduction in effect for such prod- ucts shall be the reduction in effect for countries other than least developed developing countries. ‘‘(3) Item 628.57. Notwithstanding the first sentence of this subsection, the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the ex- tent necessary to permit an aggregate reduction of 4.8 percent ad valorem in the rate of duty in effect under such item during the first 1-year period after the effective date of the first reduction in the rate of duty proclaimed for such item. ‘‘(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and 429.47. ‘‘(5) Items 306.31, 306.32, 306.33, and 306.34. Notwith- standing subsection (a), the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit the total reduction proclaimed under section 101 of the Trade Act of 1974 relating to such item to take effect within 2 years after the effective date of the first reduction in the rate of duty proclaimed for such item. ‘‘(6) Items for which the President determines the effective date of the first reduction will be after June 30, 1980, and before January 1, 1981, to the extent nec- essary to permit the second reduction to take effect on January 1, 1981. ‘‘(b) OPPORTUNITY FOR COMMENT.—Before making any determination under subsection (a)(1) and (2), the President shall provide interested parties an oppor- tunity to comment and shall publish his final deter- minations in the Federal Register before July 1, 1980.’’ PART 2—OTHER AUTHORITY § 2131. Authorization of appropriation for GATT revision There are authorized to be appropriated annu- ally such sums as may be necessary for the pay- ment by the United States of its share of the ex- penses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authoriza- tion does not imply approval or disapproval by the Congress of all articles of the General Agree- ment on Tariffs and Trade. (Pub. L. 93–618, title I, § 121, Jan. 3, 1975, 88 Stat. 1986; Pub. L. 96–39, title XI, § 1106(c)(2), July 26, 1979, 93 Stat. 311; Pub. L. 100–418, title I, § 1107(b)(2), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 100–647, title IX, § 9001(a)(1), Nov. 10, 1988, 102 Stat. 3806.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–647 substituted ‘‘There are’’ for ‘‘(d) There are’’. Subsecs. (a) to (c). Pub. L. 100–418 struck out subsec. (a) which provided for bringing existing trade agree- ments into conformity with principles promoting open, nondiscriminatory, and fair world economic system, subsec. (b) which provided for agreements with foreign countries or instrumentalities, and subsec. (c) which provided for changes in Federal law through legislation implementing trade agreements. 1979—Subsec. (c). Pub. L. 96–39 substituted ‘‘Such trade agreement may be entered into under section 2112 of this title’’ for ‘‘Such trade agreement may be sub- mitted to the Congress for approval in accordance with the procedures of section 2191 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 58c of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective July 26, 1979, see section 1114 of Pub. L. 96–39, set out as an Effective Date note under section 2581 of this title. § 2132. Balance-of-payments authority (a) Presidential proclamations of temporary im- port surcharges and temporary limitations on imports through quotas in situations of fundamental international payments prob- lems Whenever fundamental international pay- ments problems require special import measures to restrict imports— (1) to deal with large and serious United States balance-of-payments deficits. (2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or (3) to cooperate with other countries in cor- recting an international balance-of-payments disequilibrium, the President shall proclaim, for a period not ex- ceeding 150 days (unless such period is extended by Act of Congress)— (A) a temporary import surcharge, not to ex- ceed 15 percent ad valorem, in the form of du- ties (in addition to those already imposed, if any) on articles imported into the United States; (B) temporary limitations through the use of quotas on the importation of articles into the United States; or