19 U.S.C. § 2102 — Congressional statement of purpose

Page 476 TITLE 19—CUSTOMS DUTIES § 2102 1 So in original. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–188, title I, § 1951, Aug. 20, 1996, 110 Stat. 1917, provided that: ‘‘This subtitle [subtitle J (§§ 1951–1954) of title I of Pub. L. 104–188, enacting sec- tions 2461 to 2467 of this title, amending sections 2702, 3011, 3202, 3331, and 3551 of this title, section 1444–2 of Title 7, Agriculture, section 4711 of Title 15, Commerce and Trade, sections 262p–4p and 2191a of Title 22, For- eign Relations and Intercourse, and section 871 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 2461 of this title] may be cited as the ‘GSP Renewal Act of 1996’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–182, title V, § 501, Dec. 8, 1993, 107 Stat. 2149, which provided that subtitle A of title V of Pub. L. 103–282 could be cited as the ‘‘NAFTA Worker Secu- rity Act’’, was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–382, § 1(a), Aug. 20, 1990, 104 Stat. 629, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Customs and Trade Act of 1990’.’’ SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–221, § 1, Dec. 12, 1989, 103 Stat. 1886, pro- vided that: ‘‘This Act [amending section 4611 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 2253 and 2703 of this title and section 4611 of Title 26, and amending provisions set out as notes under sections 2253 and 2703 of this title] may be cited as the ‘Steel Trade Liberalization Program Im- plementation Act’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–272, title XIII, § 13001, Apr. 7, 1986, 100 Stat. 300, provided that: ‘‘This part [part 1 (§§ 13001–13009) of subtitle A, amending sections 2271, 2272, 2291 to 2293, 2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title, enacting provisions set out as a note under sec- tion 2291 of this title, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the ‘Trade Adjustment Assistance Reform and Extension Act of 1986’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–573, title III, § 301(a), Oct. 30, 1984, 98 Stat. 3000, provided that: ‘‘This title [enacting sections 2114a to 2114e, 2138, and 2241 of this title, amending sections 2112, 2114, 2155, 2171, and 2411 to 2415 of this title and sections 3101 to 3104 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under section 2102 of this title and section 3101 of Title 22] may be cited as the ‘International Trade and Invest- ment Act’.’’ Pub. L. 98–573, title V, § 501(a), Oct. 30, 1984, 98 Stat. 3018, provided that: ‘‘This title [enacting section 2466 of this title, amending sections 2461 to 2465 of this title, and enacting provisions set out as notes under section 2461 of this title] may be cited as the ‘Generalized Sys- tem of Preferences Renewal Act of 1984’.’’ SEPARABILITY Pub. L. 93–618, title VI, § 605, Jan. 3, 1975, 88 Stat. 2073, provided that: ‘‘If any provision of this Act [see Ref- erences in Text note above], or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other cir- cumstances or persons, shall not be affected thereby.’’ § 2102. Congressional statement of purpose The purposes of this chapter are, through trade agreements affording mutual benefits— (1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade; (2) to harmonize, reduce, and eliminate bar- riers to trade on a basis which assures sub- stantially equivalent competitive opportuni- ties for the commerce of the United States; (3) to establish fairness and equity in inter- national trading relations, including reform of the General Agreement on Tariffs and Trade; (4) to provide adequate procedures to safe- guard American industry and labor against unfair or injurious import competition, and to assist industries, firm,1 workers, and commu- nities to adjust to changes in international trade flows; (5) to open up market opportunities for United States commerce in nonmarket econo- mies; and (6) to provide fair and reasonable access to products of less developed countries in the United States market. (Pub. L. 93–618, § 2, Jan. 3, 1975, 88 Stat. 1981.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 Ref- erences in Text note set out under section 2101 of this title and Tables. Statutory Notes and Related Subsidiaries STATEMENT OF PURPOSES OF 1984 AMENDMENT Pub. L. 98–573, title III, § 302, Oct. 30, 1984, 98 Stat. 3000, provided that: ‘‘The purposes of this title [see Short Title of 1984 Amendment note set out under sec- tion 2101 of this title] are— ‘‘(1) to foster the economic growth of, and full em- ployment in, the United States by expanding com- petitive United States exports through the achieve- ment of commercial opportunities in foreign markets substantially equivalent to those accorded by the United States; ‘‘(2) to improve the ability of the President— ‘‘(A) to identify and to analyze barriers to (and restrictions on) United States trade and invest- ment, and ‘‘(B) to achieve the elimination of such barriers and restrictions; ‘‘(3) to encourage the expansion of— ‘‘(A) international trade in services through the negotiation of agreements (both bilateral and mul- tilateral) which reduce or eliminate barriers to international trade in services, and ‘‘(B) United States service industries in foreign commerce; and ‘‘(4) to enhance the free flow of foreign direct in- vestment through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate the trade distortive effects of certain in- vestment-related measures.’’ Page 477 TITLE 19—CUSTOMS DUTIES § 2111 SUBCHAPTER I—NEGOTIATING AND OTHER AUTHORITY PART 1—RATES OF DUTY AND OTHER TRADE BARRIERS § 2111. Basic authority for trade agreements (a) Presidential authority to enter into agree- ment; modification or continuance of exist- ing duties Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are un- duly burdening and restricting the foreign trade of the United States and that the purposes of this chapter will be promoted thereby, the President— (1) during the 5-year period beginning on January 3, 1975, may enter into trade agree- ments with foreign countries or instrumental- ities thereof; and (2) may proclaim such modification or con- tinuance of any existing duty, such continu- ance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement. (b) Limitation on authority to decrease duty (1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975. (2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem. (c) Limitation on authority to increase duty No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the fol- lowing: (1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975, or (2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975. (Pub. L. 93–618, title I, § 101, Jan. 3, 1975, 88 Stat. 1982.) 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. The Tariff Schedules of the United States, referred to in subsec. (c)(1), to be treated as a reference to the Har- monized 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 Sched- ule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries REORGANIZING AND RESTRUCTURING OF INTERNATIONAL TRADE FUNCTIONS OF UNITED STATES GOVERNMENT Pub. L. 96–39, title XI, § 1109, July 26, 1979, 93 Stat. 314, provided that the President submit to the Congress, not later than July 10, 1979, a proposal to restructure the international trade functions of the Executive Branch of the United States Government, and directed, in order to ensure that the 96th Congress takes final ac- tion on a comprehensive reorganization of trade func- tions as soon as possible, that the appropriate com- mittee of each House of the Congress give the proposal by the President immediate consideration and make its best efforts to take final committee action to reorga- nize and restructure the international trade functions of the United States Government by Nov. 10, 1979. STUDY OF EXPORT TRADE POLICY Pub. L. 96–39, title XI, § 1110, July 26, 1979, 93 Stat. 314, directed the President to review all export promotion functions of the executive branch and potential pro- grammatic and regulatory disincentives to exports, and to submit to the Congress a report of that review not later than July 15, 1980, and not later than July 15, 1980, to submit to the Congress a study of the factors bear- ing on the competitive posture of United States pro- ducers and the policies and programs required to strengthen the relative competitive position of the United States in world markets. Executive Documents CHANGE OF NAME The Office of the Special Representative for Trade Negotiations was redesignated the Office of the United States Trade Representative, and Special Representa- tive for Trade Negotiations was redesignated the United States Trade Representative by Reorg. Plan No. 3 of 1979, § 1(a), (b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97–456. PROC. NO. 4707. CARRYING OUT THE GENEVA (1979) PRO- TOCOL TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND FOR OTHER PURPOSES Proc. No. 4707, Dec. 11, 1979, 44 F.R. 72348, as amended by Ex. Ord. No. 12204, Mar. 27, 1980, 45 F.R. 20740; Proc. No. 4792, Sept. 15, 1980, 45 F.R. 61589; Proc. No. 4889, Dec. 29, 1981, 47 F.R. 1; Proc. No. 4904, Feb. 27, 1982, 47 F.R. 8753; Ex. Ord. No. 12354, Mar. 30, 1982, 47 F.R. 13477; Ex. Ord. No. 12371, July 12, 1982, 47 F.R. 30449; Ex. Ord. No. 12389, Oct. 25, 1982, 47 F.R. 47529; Ex. Ord. No. 12413, Mar. 30, 1983, 48 F.R. 13921; Proc. No. 5050, Apr. 15, 1983, 48 F.R. 16639; Ex. Ord. No. 12459, Jan. 16, 1984, 49 F.R. 2089; Ex. Ord. No. 12471, Mar. 30, 1984, 49 F.R. 13101; Ex. Ord. No. 12519, June 13, 1985, 50 F.R. 25037; Proc. No. 5365, Aug. 30, 1985, 50 F.R. 36220; Proc. No. 5452, Mar. 31, 1986, 51 F.R. 11539, provided: 1. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C. 2111(a)), I determined that certain existing duties and other import restrictions of the United States and of foreign countries were unduly burdening and restricting the foreign trade of the United States and that one or more of the purposes stated in Section 2 of the Trade Act of 1974 (19 U.S.C. 2102) would be pro- moted by entering into the trade agreements identified in the third and fourth recitals of this proclamation. 2. Sections 131, 132, 133, 134, 135, and 161(b) of the Trade Act of 1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155, and 2211(b)) and Section 4(c) of Executive Order No. 11846 of March 27, 1975, (3 CFR 1971–1975 Comp. 974) [set out below], have been complied with. 3. Pursuant to Section 101(a)(1) of the Trade Act of 1974 (19 U.S.C. 2111(a)(1)), I, through my duly empow- ered representative, (1) on July 11, 1979, entered into a trade agreement with other contracting parties to the General Agreement on Tariffs and Trade (61 Stat. (pts. 5 and 6)), as amended (the General Agreement), with countries seeking to accede to the General Agreement, and the European Economic Community, which agree- ment consists of the Geneva (1979) Protocol to the Gen- eral Agreement, including a schedule of United States