19 U.S.C. § 3513 — Implementing actions in anticipation of

Page 864 TITLE 19—CUSTOMS DUTIES § 3513 person or circumstance on the ground that the provision or application is inconsistent with any of the Uruguay Round Agreements, except in an action brought by the United States for the purpose of declaring such law or application invalid. (B) Procedures governing action In any action described in subparagraph (A) that is brought by the United States against a State or any subdivision thereof— (i) a report of a dispute settlement panel or the Appellate Body convened under the Dispute Settlement Understanding regard- ing the State law, or the law of any polit- ical subdivision thereof, shall not be con- sidered as binding or otherwise accorded deference; (ii) the United States shall have the bur- den of proving that the law that is the sub- ject of the action, or the application of that law, is inconsistent with the agree- ment in question; (iii) any State whose interests may be impaired or impeded in the action shall have the unconditional right to intervene in the action as a party, and the United States shall be entitled to amend its com- plaint to include a claim or cross-claim concerning the law of a State that so in- tervenes; and (iv) any State law that is declared in- valid shall not be deemed to have been in- valid in its application during any period before the court’s judgment becomes final and all timely appeals, including discre- tionary review, of such judgment are ex- hausted. (C) Reports to congressional committees At least 30 days before the United States brings an action described in subparagraph (A), the Trade Representative shall provide a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate— (i) describing the proposed action; (ii) describing efforts by the Trade Rep- resentative to resolve the matter with the State concerned by other means; and (iii) if the State law was the subject of consultations under the Dispute Settle- ment Understanding, certifying that the Trade Representative has substantially complied with the requirements of para- graph (1)(C) in connection with the matter. Following the submission of the report, and before the action is brought, the Trade Rep- resentative shall consult with the committees referred to in the preceding sentence con- cerning the matter. (3) ‘‘State law’’ defined For purposes of this subsection— (A) the term ‘‘State law’’ includes— (i) any law of a political subdivision of a State; and (ii) any State law regulating or taxing the business of insurance; and (B) the terms ‘‘dispute settlement panel’’ and ‘‘Appellate Body’’ have the meanings given those terms in section 3531 of this title. (c) Effect of agreement with respect to private remedies (1) Limitations No person other than the United States— (A) shall have any cause of action or de- fense under any of the Uruguay Round Agreements or by virtue of congressional ap- proval of such an agreement, or (B) may challenge, in any action brought under any provision of law, any action or in- action by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with such agreement. (2) Intent of Congress It is the intention of the Congress through paragraph (1) to occupy the field with respect to any cause of action or defense under or in connection with any of the Uruguay Round Agreements, including by precluding any per- son other than the United States from bring- ing any action against any State or political subdivision thereof or raising any defense to the application of State law under or in con- nection with any of the Uruguay Round Agree- ments— (A) on the basis of a judgment obtained by the United States in an action brought under any such agreement; or (B) on any other basis. (d) Statement of administrative action The statement of administrative action ap- proved by the Congress under section 3511(a) of this title shall be regarded as an authoritative expression by the United States concerning the interpretation and application of the Uruguay Round Agreements and this Act in any judicial proceeding in which a question arises con- cerning such interpretation or application. (Pub. L. 103–465, title I, § 102, Dec. 8, 1994, 108 Stat. 4815; Pub. L. 117–286, § 4(a)(142), Dec. 27, 2022, 136 Stat. 4321.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(2) and (d), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uru- guay Round Agreements Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3501 of this title and Tables. AMENDMENTS 2022—Subsec. (b)(1)(B). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 U.S.C. App.)’’ in concluding provisions. § 3513. Implementing actions in anticipation of entry into force; regulations (a) Implementing actions After December 8, 1994— (1) the President may proclaim such actions, and (2) other appropriate officers of the United States Government may issue such regula- tions, Page 865 TITLE 19—CUSTOMS DUTIES § 3521 as may be necessary to ensure that any provi- sion of this Act, or amendment made by this Act, that takes effect on the date any of the Uruguay Round Agreements enters into force with respect to the United States is appro- priately implemented on such date. Such procla- mation or regulation may not have an effective date earlier than the date of entry into force with respect to the United States of the agree- ment to which the proclamation or regulation relates. (b) Regulations Any interim regulation necessary or appro- priate to carry out any action proposed in the statement of administrative action approved under section 3511(a) of this title to implement an agreement described in section 3511(d)(7), (12), or (13) of this title shall be issued not later than 1 year after the date on which the agreement en- ters into force with respect to the United States. (Pub. L. 103–465, title I, § 103, Dec. 8, 1994, 108 Stat. 4819.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3501 of this title and Tables. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. PART B—TARIFF MODIFICATIONS § 3521. Tariff modifications (a) In general In addition to the authority provided by sec- tion 2902 of this title, the President shall have the authority to proclaim— (1) such other modification of any duty, (2) such other staged rate reduction, or (3) such additional duties, as the President determines to be necessary or appropriate to carry out Schedule XX. (b) Other tariff modifications Subject to the consultation and layover re- quirements of section 3524 of this title, the President may proclaim— (1) the modification of any duty or staged rate reduction of any duty set forth in Sched- ule XX if— (A) the United States agrees to such modi- fication or staged rate reduction in a multi- lateral negotiation under the auspices of the WTO, and (B) such modification or staged rate reduc- tion applies to the rate of duty on an article contained in a tariff category that was the subject of reciprocal duty elimination or harmonization negotiations during the Uru- guay Round of multilateral trade negotia- tions, and (2) such modifications as are necessary to correct technical errors in Schedule XX or to make other rectifications to the Schedule. (c) Authority to increase duties on articles from certain countries (1) In general (A) Determination with respect to certain countries Notwithstanding section 1881 of this title, after the entry into force of the WTO Agree- ment with respect to the United States, if the President— (i) determines that a foreign country (other than a foreign country that is a WTO member country) is not according adequate trade benefits to the United States, including substantially equal com- petitive opportunities for the commerce of the United States, and (ii) consults with the Committee on Ways and Means of the House of Rep- resentatives and the Committee on Fi- nance of the Senate, the President may proclaim an increase in the rate of duty with respect to any article of such country in accordance with subpara- graph (B). (B) Rate of duty described The President may proclaim a rate of duty on any article of a country identified under subparagraph (A) that is equal to the greater of— (i) the rate of duty set forth for such ar- ticle in the base rate of duty column of Schedule XX, or (ii) the rate of duty set forth for such ar- ticle in the bound rate of duty column of Schedule XX. (2) Termination of increased duties The President shall terminate any increase in the rate of duty proclaimed under this sub- section by a proclamation which shall be effec- tive on the earlier of— (A) the date set out in such proclamation of termination, or (B) the date the WTO Agreement enters into force with respect to the foreign coun- try with respect to which the determination under paragraph (1) was made. (3) Publication of determination and termi- nation The President shall publish in the Federal Register notice of a determination made under paragraph (1) and a termination occurring by reason of paragraph (2). (d) Adjustments to certain column 2 rates of duty At such time as the President proclaims any modification to the HTS to implement the pro- visions of Schedule XX, the President shall also proclaim the rate of duty set forth in Column B as the column 2 rate of duty for the subheading of the HTS that corresponds to the subheading in Schedule XX listed in Column A.