19 U.S.C. § 2137 — Reservation of articles for national secu-

Page 520 TITLE 19—CUSTOMS DUTIES § 2137 other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly. (b) Presidential determination of whether major industrial countries have made substantially equivalent concessions to the United States The President shall determine, after the con- clusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975, whichever is ear- lier, whether any major industrial country has failed to make concessions under trade agree- ments entered into under this chapter which provide competitive opportunities for the com- merce of the United States in such country sub- stantially equivalent to the competitive oppor- tunities, provided by concessions made by the United States under trade agreements entered into under this chapter, for the commerce of such country in the United States. (c) Major industrial countries For purposes of this section, ‘‘major industrial country’’ means Canada, the European Eco- nomic Community, the individual member coun- tries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection. (Pub. L. 93–618, title I, § 126, Jan. 3, 1975, 88 Stat. 1992; Pub. L. 105–362, title XIV, § 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under sec- tion 2101 of this title and Tables. AMENDMENTS 1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for leg- islation following a Presidential determination that a major industrial country failed to grant equivalent concessions. § 2137. Reservation of articles for national secu- rity or other reasons (a) National security considerations No proclamation shall be made pursuant to the provisions of this chapter reducing or elimi- nating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security. (b) Action taken under other laws While there is in effect with respect to any ar- ticle any action taken under section 2253 of this title, or section 1862 or 1981 of this title, the President shall reserve such article from nego- tiations under this subchapter (and from any ac- tion under section 2132(c) of this title) contem- plating reduction or elimination of— (A) any duty on such article, (B) any import restriction imposed under such section, or (C) any other import restriction, the re- moval of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B). In addition, the President shall also so reserve any other article which he determines to be ap- propriate, taking into consideration information and advice available pursuant to and with re- spect to the matters covered by sections 2151, 2152, and 2153 of this title, where applicable. (Pub. L. 93–618, title I, § 127(a), (b), Jan. 3, 1975, 88 Stat. 1993.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. CODIFICATION Section is comprised of subsecs. (a) and (b) of section 127 of act Jan. 3, 1975. Subsec. (c) of such section was classified to section 1863 of this title, prior to its repeal by Pub. L. 100–418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and subsec. (d) amended section 1862 of this title. § 2138. Omitted Editorial Notes CODIFICATION Section, Pub. L. 93–618, title I, § 128, as added Pub. L. 98–573, title III, § 308(b)(1), Oct. 30, 1984, 98 Stat. 3013; amended Pub. L. 99–514, title XVIII, § 1887(b)(1), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100–418, title I, §§ 1214(j)(1), 1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100–647, title IX, § 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related to modification and continuance of treatment with re- spect to duties on high technology products, was omit- ted pursuant to subsec. (c) which provided that the President could exercise authority under this section only during the 5-year period beginning on Oct. 30, 1984. PART 3—HEARINGS AND ADVICE CONCERNING NEGOTIATIONS § 2151. Advice from International Trade Commis- sion (a) Lists of articles which may be considered for action (1) In connection with any proposed trade agreement under section 2133 of this title or sub- section (a) or (b) of section 4202 of this title, the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the ‘‘Commission’’) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or addi- tional duties. In the case of any article with re- spect to which consideration may be given to re- ducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given.