19 U.S.C. § 2431 — Exception of products of certain countries

Page 675 TITLE 19—CUSTOMS DUTIES § 2432 to any subsequent direction by the President in a par- ticular matter. SEC. 2. Consultations and Advice. In developing the an- nual reports required by part I and part II of this order, the Trade Representative shall consult with executive agencies and seek information and advice from U.S. businesses in the United States and in the countries in- volved in the practices under consideration. WILLIAM J. CLINTON. SUBCHAPTER IV—TRADE RELATIONS WITH COUNTRIES NOT RECEIVING NON- DISCRIMINATORY TREATMENT PART 1—TRADE RELATIONS WITH CERTAIN COUNTRIES § 2431. Exception of products of certain countries or areas Except as otherwise provided in this sub- chapter, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eli- gible for the rates set forth in rate column num- bered 1 of the Tariff Schedules of the United States on January 3, 1975. (Pub. L. 93–618, title IV, § 401, Jan. 3, 1975, 88 Stat. 2056.) Editorial Notes REFERENCES IN TEXT The Tariff Schedules of the United States, referred to in text, to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries REPORT ON EFFECT OF SUBCHAPTER; RECOMMENDATIONS Pub. L. 95–501, title VI, § 604, Oct. 21, 1978, 92 Stat. 1692, which provided that within six months after Oct. 21, 1978, the Secretary of Agriculture submit to Con- gress a report detailing the effect on United States ag- riculture of this subchapter, including a recommenda- tion as to whether the provisions of this subchapter should be repealed or amended, was omitted in the gen- eral revision of Pub. L. 95–501 by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668. See chapter 87 (§ 5601 et seq.) of Title 7, Agriculture. § 2432. Freedom of emigration in East-West trade (a) Actions of nonmarket economy countries making them ineligible for normal trade re- lations, programs of credits, credit guaran- tees, or investment guarantees, or commer- cial agreements To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after January 3, 1975, products from any non- market economy country shall not be eligible to receive nondiscriminatory treatment (normal trade relations), such country shall not partici- pate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agree- ment with any such country, during the period beginning with the date on which the President determines that such country— (1) denies its citizens the right or oppor- tunity to emigrate; (2) imposes more than a nominal tax on emi- gration or on the visas or other documents re- quired for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice, and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3). (b) Presidential determination and report to Congress that nation is not violating freedom of emigration After January 3, 1975, (A) products of a non- market economy country may be eligible to re- ceive nondiscriminatory treatment (normal trade relations), (B) such country may partici- pate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (C) the President may conclude a commercial agree- ment with such country, only after the Presi- dent has submitted to the Congress a report in- dicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall in- clude information as to the nature and imple- mentation of emigration laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, with current in- formation, on or before each June 30 and Decem- ber 31 thereafter so long as such treatment is re- ceived, such credits or guarantees are extended, or such agreement is in effect. (c) Waiver authority of President (1) During the 18-month period beginning on January 3, 1975, the President is authorized to waive by Executive order the application of sub- sections (a) and (b) with respect to any country, if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emi- gration practices of that country will hence- forth lead substantially to the achievement of the objectives of this section. (2) During any period subsequent to the 18- month period referred to in paragraph (1), the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if the waiver au- thority granted by this subsection continues to apply to such country pursuant to subsection (d), and if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emi- gration practices of that country will hence- forth lead substantially to the achievement of the objectives of this section. (3) A waiver with respect to any country shall terminate on the day after the waiver authority