19 U.S.C. § 2136 — Reciprocal nondiscriminatory treatment

Page 519 TITLE 19—CUSTOMS DUTIES § 2136 terests (including United States balance of pay- ments), may— (1) withdraw, suspend, or modify the applica- tion of substantially equivalent trade agree- ment obligations of benefit to such foreign country or instrumentality, and (2) proclaim under subsection (c) such in- creased duties or other import restrictions as are appropriate to effect adequate compensa- tion from such foreign country or instrumen- tality. (e) Continuation of duties or other import re- strictions after termination of or withdrawal from agreements Duties or other import restrictions required or appropriate to carry out any trade agreement entered into pursuant to this chapter, section 1821 of this title, or section 1351 of this title shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation pro- vides that such rates shall be restored to the level at which they would be but for the agree- ment. Within 60 days after the date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all arti- cles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence. (f) Public hearings Before taking any action pursuant to sub- section (b), (c), or (d), the President shall pro- vide for a public hearing during the course of which interested persons shall be given a reason- able opportunity to be present, to produce evi- dence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expedi- tious action, in which case he shall provide for a public hearing promptly after such action. (Pub. L. 93–618, title I, § 125, Jan. 3, 1975, 88 Stat. 1991.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b), (c), (e), 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. The Tariff Schedules of the United States, referred to in subsec. (c), 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 AUTHORITY TO INCREASE DUTIES ON IMPORTS OF CERTAIN TOBACCO AND TOBACCO PRODUCTS Pub. L. 103–465, title IV, § 421, Dec. 8, 1994, 108 Stat. 4964, provided that: ‘‘(a) IN GENERAL.—In the application of section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) with respect to any item provided for in subheadings 2401.10.60, 2401.20.30, 2401.20.80, 2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or 2403.99.00 of the HTS, ‘350’ shall be substituted for ‘20’ where it appears in such section. ‘‘(b) EFFECTIVE DATE.—This section shall take effect on the date of the enactment of this Act [Dec. 8, 1994].’’ TARIFF REDUCTIONS UNDER TRADE AGREEMENTS ACT OF 1979 Pub. L. 96–39, title V, § 502(b), July 26, 1979, 93 Stat. 251, provided that: ‘‘For purposes of section 125 (19 U.S.C. 2135) of the Trade Act of 1974 the amendments made under sections 508, 511, 512, and 513 [amending items 135.41, 135.42, 750.26, 750.27, 750.28, 870.45, 905.10, and 905.11 of the Tariff Schedules of the United States. See Publication of Tariff Schedules note under section 1202 of this title] not including the rates of duty ap- pearing in rate column numbered 2, if any, shall be con- sidered to be trade agreement obligations entered into under the Trade Act of 1974 [this chapter], of benefit to foreign countries or instrumentalities.’’ Pub. L. 96–39, title VI, § 601(b), July 26, 1979, 93 Stat. 268, provided that: ‘‘For purposes of section 125 of the Trade Act of 1974 [this section], the amendments made under subsection (a), if any [amending the Tariff Schedules of the United States with regard to civil air- craft (see Publication of Tariff Schedules note under section 1202), and, amending section 1466 of this title], shall be considered to be trade agreement obligations entered into under the Trade Act of 1974 [this chapter] of benefit to foreign countries or instrumentalities.’’ Rates of duty proclaimed under section 855(a) of Pub. L. 96–39 (covering spirits, spiritous beverages, and bev- erage preparations) to be deemed, for purposes of this section, a trade agreement obligation which is of ben- efit to a foreign country or instrumentality, and, in the case of any item affected by such a proclamation, the last sentence of subsec. (c) of this section to be applied as if it authorized (in addition to any increase author- ized therein) an increase up to the rate of duty for such item set forth in rate column numbered 1 of subpart D of part 12 of schedule 1 of the Tariff Schedules of the United States (see Publication of Tariff Schedules note under section 1202 of this title) as amended by section 852 of Pub. L. 96–39, see section 855(b) of Pub. L. 96–39. REVIEW OF INTERNATIONAL TRADE IN ALCOHOLIC BEVERAGES Pub. L. 96–39, title VIII, § 854, July 26, 1979, 93 Stat. 294, provided that: ‘‘(a) REVIEW.—The President shall review foreign tar- iff and nontariff barriers affecting United States ex- ports of alcoholic beverages. Not later than January 1, 1982, the President shall report to the Congress the re- sults of his review. ‘‘(b) WITHDRAWAL OF CONCESSIONS.—If, as the result of his review under subsection (a), the President deter- mines that a foreign country or instrumentality has not implemented concessions to the United States af- fecting alcoholic beverages which were negotiated in trade agreements entered into before January 3, 1980, under the authority of title I of the Trade Act of 1974 [this subchapter], the President shall withdraw, sus- pend, or modify the application of substantially equiva- lent trade agreement obligations of benefit to such for- eign country or instrumentality under section 125 of the Trade Act of 1974 (19 U.S.C. 2135). ‘‘(c) FURTHER NEGOTIATIONS TO REMOVE BARRIERS.— If, as the result of his review under subsection (a), the President determines that foreign tariff or nontariff barriers are unduly burdening or restricting the United States exports of alcoholic beverages, he shall enter into negotiations under the Trade Act of 1974 [this chapter] to eliminate or reduce such barriers.’’ § 2136. Reciprocal nondiscriminatory treatment (a) Direct and indirect imports Except as otherwise provided in this chapter or in any other provision of law, any duty or 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.