19 U.S.C. § 3581 — Objectives in intellectual property

Page 882 TITLE 19—CUSTOMS DUTIES § 3581 (i) after the Subsidies Committee deter- mines to extend Articles 6.1, 8, and 9 of the Subsidies Agreement, the President sub- mits to the committees referred to in paragraph (2) a copy of the document de- scribing the terms of such extension, to- gether with— (I) a draft of an implementing bill, (II) a statement of any administrative action proposed to implement the exten- sion, and (III) the supporting information de- scribed in subparagraph (C); and (ii) the implementing bill is enacted into law. (B) Implementing bill The implementing bill referred to in sub- paragraph (A) shall contain only those pro- visions that are necessary or appropriate to implement an extension of the provisions of section 1677(5B)(B), (C), (D), and (E) of this title as in effect on the day before the date of the enactment of the implementing bill or as modified to reflect the determination of the Subsidies Committee to extend Articles 6.1, 8, and 9 of the Subsidies Agreement. (C) Supporting information The supporting information required under subparagraph (A)(i)(III) consists of— (i) an explanation as to how the imple- menting bill and proposed administrative action will change or affect existing law; and (ii) a statement regarding— (I) how the extension serves the inter- ests of United States commerce, and (II) why the implementing bill and pro- posed administrative action is required or appropriate to carry out the exten- sion. (4) Omitted (5) Report by the Trade Representative Not later than the date referred to in section 1677(5B)(G)(i) of this title, the Trade Rep- resentative shall submit to the Congress a re- port setting forth the provisions of law which were enacted to implement Articles 6.1, 8, and 9 of the Subsidies Agreement and should be re- pealed or modified if such provisions are not extended. (d) Review of operation of Subsidies Agreement The Secretary of Commerce, in consultation with other appropriate departments and agen- cies of the Federal Government, shall undertake an ongoing review of the operation of the Sub- sidies Agreement. The review shall address— (1) the effectiveness of part II of the Sub- sidies Agreement in disciplining the use of subsidies which are prohibited under Article 3 of the Agreement, (2) the effectiveness of part III and, in par- ticular, Article 6.1 of the Subsidies Agree- ment, in remedying the adverse effects of sub- sidies which are actionable under the Agree- ment, and (3) the extent to which the provisions of part IV of the Subsidies Agreement may have un- dermined the benefits derived from other parts of the Agreement, and, in particular— (A) the extent to which WTO member countries have cooperated in reviewing and improving the operation of part IV of the Subsidies Agreement, (B) the extent to which the provisions of Articles 8.4 and 8.5 of the Subsidies Agree- ment have been effective in identifying and remedying violations of the conditions and criteria described in Article 8.2 of the Agree- ment, and (C) the extent to which the provisions of Article 9 of the Subsidies Agreement have been effective in remedying the serious ad- verse effects of subsidy programs described in Article 8.2 of the Agreement. Not later than 4 years and 6 months after De- cember 8, 1994, the Secretary of Commerce shall submit to the Congress a report on the review required under this subsection. (Pub. L. 103–465, title II, § 282, Dec. 8, 1994, 108 Stat. 4927; Pub. L. 104–295, § 20(b)(16), Oct. 11, 1996, 110 Stat. 3527.) Editorial Notes CODIFICATION Section is comprised of section 282 of Pub. L. 103–465. Subsec. (c)(4) of section 282 of Pub. L. 103–465 amended section 2191 of this title. AMENDMENTS 1996—Subsec. (d). Pub. L. 104–295 realigned margins. 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. SUBCHAPTER III—ADDITIONAL IMPLEMENTATION OF AGREEMENTS PART A—FOREIGN TRADE BARRIERS AND UNFAIR TRADE PRACTICES § 3581. Objectives in intellectual property It is the objective of the United States— (1) to accelerate the implementation of the Agreement on Trade-Related Aspects of Intel- lectual Property Rights referred to in section 3511(d)(15) of this title, (2) to seek enactment and effective imple- mentation by foreign countries of laws to pro- tect and enforce intellectual property rights that supplement and strengthen the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title and the North American Free Trade Agreement and, in par- ticular— (A) to conclude bilateral and multilateral agreements that create obligations to pro- tect and enforce intellectual property rights that cover new and emerging technologies and new methods of transmission and dis- tribution, and Page 883 TITLE 19—CUSTOMS DUTIES § 3592 (B) to prevent or eliminate discrimination with respect to matters affecting the avail- ability, acquisition, scope, maintenance, use, and enforcement of intellectual prop- erty rights, (3) to secure fair, equitable, and nondiscrim- inatory market access opportunities for United States persons that rely upon intellec- tual property protection, (4) to take an active role in the development of the intellectual property regime under the World Trade Organization to ensure that it is consistent with other United States objec- tives, and (5) to take an active role in the World Intel- lectual Property Organization (WIPO) to de- velop a cooperative and mutually supportive relationship between the World Trade Organi- zation and WIPO. (Pub. L. 103–465, title III, § 315, Dec. 8, 1994, 108 Stat. 4942.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–465, title III, § 316, Dec. 8, 1994, 108 Stat. 4943, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this subtitle [subtitle B (§§ 311–316) of title III of Pub. L. 103–465, enacting this section and amending sec- tions 2241, 2242, 2411, 2414, 2416, and 2420 of this title] and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995]. ‘‘(b) SECTION 314(f).—The amendment made by section 314(f) [amending section 2420 of this title] takes effect on the date of the enactment of this Act [Dec. 8, 1994].’’ PART B—TEXTILES § 3591. Textile product integration Not later than 120 days after the date that the WTO Agreement enters into force with respect to the United States, the Secretary of Com- merce shall publish in the Federal Register a no- tice containing the list of products to be inte- grated in each stage set out in Article 2(8) of the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title. After publica- tion of such list, the list may not be changed un- less otherwise required by statute or the inter- national obligations of the United States, to correct technical errors, or to reflect reclassi- fications. Within 30 days after the publication of such list, the Trade Representative shall notify the list to the Textiles Monitoring Body estab- lished under Article 8 of the Agreement on Tex- tiles and Clothing. (Pub. L. 103–465, title III, § 331, Dec. 8, 1994, 108 Stat. 4947; Pub. L. 104–295, § 20(c)(7), Oct. 11, 1996, 110 Stat. 3528.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295 struck out ‘‘, as defined in sec- tion 3501(9) of this title,’’ after ‘‘WTO Agreement’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–465, title III, § 335, Dec. 8, 1994, 108 Stat. 4951, provided that: ‘‘Except as provided in section 334 [enacting section 3592 of this title], this subtitle [sub- title D (§§ 331–335) of title III of Pub. L. 103–465, enacting this part and section 1592a of this title, and amending section 1854 of Title 7, Agriculture] and the amend- ments made by this subtitle take effect on the date on which the WTO Agreement enters into force with re- spect to the United States [Jan. 1, 1995].’’ 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. § 3592. Rules of origin for textile and apparel products (a) Regulatory authority The Secretary of the Treasury shall prescribe rules implementing the principles contained in subsection (b) for determining the origin of tex- tiles and apparel products. Such rules shall be promulgated in final form not later than July 1, 1995. (b) Principles (1) In general Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a coun- try, territory, or insular possession, and is the growth, product, or manufacture of that coun- try, territory, or insular possession, if— (A) the product is wholly obtained or pro- duced in that country, territory, or posses- sion; (B) the product is a yarn, thread, twine, cordage, rope, cable, or braiding and— (i) the constituent staple fibers are spun in that country, territory, or possession, or (ii) the continuous filament is extruded in that country, territory, or possession; (C) the product is a fabric, including a fab- ric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession; or (D) the product is any other textile or ap- parel product that is wholly assembled in that country, territory, or possession from its component pieces. (2) Special rules (A) Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)— (i) the origin of a good that is classified under one of the following HTS headings or subheadings shall be determined under sub- paragraph (A), (B), or (C) of paragraph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, or 9404.90; and (ii) a textile or apparel product which is knit to shape shall be considered to origi-