19 U.S.C. § 2115 — Bilateral trade agreements

Page 513 TITLE 19—CUSTOMS DUTIES § 2115 (Pub. L. 98–573, title III, § 306(c)(1), (2)(A), Oct. 30, 1984, 98 Stat. 3010, 3011.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (1)(A), is Pub. L. 98–573, Oct. 30, 1984, 98 Stat. 2984, known as the Trade and Tar- iff Act of 1984. For classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1654 of this title and Tables. CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (c)(1), (2)(A) of section 306 of Pub. L. 98–573. Subsec. (a) of such section is clas- sified to section 2114(b) of this title; subsec. (b) of such section amended sections 3101, 3103, and 3104 and a pro- vision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘services’’ as used in this section, see par. (5) of section 2114b of this title. § 2114d. Foreign export requirements; consulta- tions and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable (1) If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that ad- versely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduc- tion and elimination of such export performance requirements through consultations and nego- tiations with the foreign country or instrumen- tality concerned. (2) In addition to the action referred to in sub- section (1), the United States Trade Representa- tive may impose duties or other import restric- tions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984, or (B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or in- directly by any United States person. (4) Whenever the international obligations of the United States and actions taken under para- graph (2) make compensation necessary or ap- propriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in sec- tion 2133 of this title for providing compensation for actions taken under section 2253 of this title. (Pub. L. 98–573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012; Pub. L. 99–514, title XVIII, § 1889(5), Oct. 22, 1986, 100 Stat. 2926.) Statutory Notes and Related Subsidiaries CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (b) of section 307 of Pub. L. 98–573. Subsec. (a) of such section amended sec- tion 2112(g)(3) of this title. AMENDMENTS 1986—Par. (3). Pub. L. 99–514 struck out ‘‘or paragraph (3)’’ after ‘‘paragraph (2)’’. Statutory Notes and Related Subsidiaries PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 2114e. Negotiation of agreements concerning high technology industries The President may enter into such bilateral or multilateral agreements as may be necessary or appropriate to achieve the objectives of this sec- tion and the negotiating objectives under sec- tion 2114a(c) of this title. (Pub. L. 98–573, title III, § 308(a), Oct. 30, 1984, 98 Stat. 3013.) Editorial Notes REFERENCES IN TEXT This section, referred to in text, means section 308 of Pub. L. 98–573. See Codification note below. CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 308 of Pub. L. 98–573. Subsec. (b) of such section 308 enacted section 2138 of this title. § 2115. Bilateral trade agreements If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negoti- ating objective under sections 2111 and 2112 of this title shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits. (Pub. L. 93–618, title I, § 105, Jan. 3, 1975, 88 Stat. 1984.) Page 514 TITLE 19—CUSTOMS DUTIES § 2116 § 2116. Agreements with developing countries A United States negotiating objective under sections 2111 and 2112 of this title shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities. (Pub. L. 93–618, title I, § 106, Jan. 3, 1975, 88 Stat. 1985.) § 2117. International safeguard procedures (a) Harmonization, reduction, or elimination of barriers and distortions affecting inter- national trade; use of temporary measures A principal United States negotiating objec- tive under section 2112 of this title shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the par- ties to an agreement resulting from such nego- tiations due to the expansion of international trade. (b) Permissible provisions Any agreement entered into under section 2112 of this title may include provisions establishing procedures for— (1) notification of affected exporting coun- tries, (2) international consultations, (3) international review of changes in trade flows, (4) making adjustments in trade flows as the result of such changes, and (5) international mediation. Such agreements may also include provisions which— (A) exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and (B) permit domestic public procedures through which interested parties have the right to participate. (Pub. L. 93–618, title I, § 107, Jan. 3, 1975, 88 Stat. 1985.) § 2118. Access to supplies (a) Fair and equitable access A principal United States negotiating objec- tive under section 2112 of this title shall be to enter into trade agreements with foreign coun- tries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements. (b) Continued availability; reciprocal conces- sions; comparable trade obligations Any agreement entered into under section 2112 of this title may include provisions which— (1) assure to the United States the continued availability of important articles at reason- able prices, and (2) provide reciprocal concessions or com- parable trade obligations, or both, by the United States. (Pub. L. 93–618, title I, § 108, Jan. 3, 1975, 88 Stat. 1985.) § 2119. Staging requirements and rounding au- thority (a) Maximum aggregate reductions in rates of duty Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursu- ant to a trade agreement under section 2111 of this title shall not exceed the aggregate reduc- tion which would have been in effect on such day if— (1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 2111(a)(2) of this title to carry out such agreement with respect to such article, and (2) a reduction equal to the amount applica- ble under paragraph (1) had taken effect at 1- year intervals after the effective date of such first reduction. This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction. (b) Simplification of computation If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 2111(b) of this title or subsection (a) of this section by not more than whichever of the following is less- er: (1) the difference between the limitation and the next lower whole number, or (2) one-half of 1 percent ad valorem. (c) Ten-year period for commencement of reduc- tions in rates of duty (1) No reduction in the rate of duty on any ar- ticle pursuant to a trade agreement under sec- tion 2111 of this title shall take effect more than 10 years after the effective date of the first re- duction proclaimed to carry out such trade agreement with respect to such article. (2) If any part of a reduction takes effect, then any time thereafter during which any part of the reduction is not in effect by reason of legis- lation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining— (A) the 1-year intervals referred to in sub- section (a)(2), and (B) the expiration of the 10-year period re- ferred to in paragraph (1) of this subsection. (Pub. L. 93–618, title I, § 109, Jan. 3, 1975, 88 Stat. 1985; Pub. L. 96–39, title XI, § 1106(c)(3), July 26, 1979, 93 Stat. 312.)