Laws: Cases and Codes : U.S. Code : Title 19
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U.S. Code as of:
01/19/04
Chapter 12 - Notes
Sec.
2101. Short title.
2102. Congressional statement of purpose.
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 agreement;
modification or continuance of existing
duties.
(b) Limitation on authority to decrease duty.
(c) Limitation on authority to increase duty.
2112. Barriers to and other distortions of trade.
(a) Congressional findings; directives; disavowal
of prior approval of legislation.
(b) Presidential determinations prerequisite to
entry into trade agreements; trade with
Israel.
(c) Presidential consultation with Congress prior
to entry into trade agreements.
(d) Submission to Congress of agreements, drafts of
implementing bills, and statements of proposed
administrative action.
(e) Steps prerequisite to entry into force of trade
agreements.
(f) Obligations imposed upon foreign countries or
instrumentalities receiving benefits under
trade agreements.
(g) Definitions.
2113. Overall negotiating objective.
2114. Sector negotiating objectives.
(a) Obtaining equivalent competitive opportunities.
(b) Conduct of negotiations on basis of appropriate
product sectors of manufacturing.
(c) Identification of appropriate product sectors
of manufacturing.
(d) Presidential analysis of how negotiating
objectives are achieved in each product sector
by trade agreements.
2114a. Negotiating objectives with respect to trade in
services, foreign direct investment, and high
technology products.
(a) Trade in services.
(b) Foreign direct investment.
(c) High technology products.
(d) Definition of barriers and other distortions.
2114b. Provisions relating to international trade in
services.
2114c. Trade in services: development, coordination, and
implementation of Federal policies; staff support and
other assistance; specific service sector authorities
unaffected; executive functions.
2114d. Foreign export requirements; consultations and
negotiations for reduction and elimination;
restrictions on and exclusion from entry of products
or services; savings provision; compensation
authority applicable.
2114e. Negotiation of agreements concerning high technology
industries.
2115. Bilateral trade agreements.
2116. Agreements with developing countries.
2117. International safeguard procedures.
(a) Harmonization, reduction, or elimination of
barriers and distortions affecting
international trade; use of temporary
measures.
(b) Permissible provisions.
2118. Access to supplies.
(a) Fair and equitable access.
(b) Continued availability; reciprocal concessions;
comparable trade obligations.
2119. Staging requirements and rounding authority.
(a) Maximum aggregate reductions in rates of duty.
(b) Simplification of computation.
(c) Ten-year period for commencement of reductions
in rates of duty.
PART 2 - OTHER AUTHORITY
2131. Authorization of appropriation for GATT revision.
2132. Balance-of-payments authority.
(a) Presidential proclamations of temporary import
surcharges and temporary limitations on
imports through quotas in situations of
fundamental international payments problems.
(b) Import restrictions not imposed when contrary
to national interest of United States.
(c) Presidential proclamations liberalizing
imports.
(d) Nondiscriminatory treatment of import
restricting actions.
(e) Broad and uniform application of import
restricting actions.
(f) Quantitative limitations.
(g) Suspension, modification, or termination of
proclamations.
(h) Termination of tariff concessions.
2133. Compensation authority.
(a) New concessions.
(b) Reductions in rates of duty.
(c) Consideration of past violations of trade
concessions.
(d) Basic authority for trade agreements as
authority for granting new concessions as
compensation.
(e) International obligations determination
prerequisite to application of authority.
2134. Two-year residual authority to negotiate duties.
(a) Trade agreements.
(b) Maximum volume of imported articles subject to
reduction of duties or continuance of
duty-free or excise treatment.
(c) Maximum reduction in duties.
(d) Two-year period of authority.
2135. Termination and withdrawal authority.
(a) Grant of authority for termination or
withdrawal at end of period specified in
agreement.
(b) Authority to terminate proclamations at any
time.
(c) Increased duties or other import restrictions
following withdrawal, suspension, or
modification of obligations with respect to
trade of foreign countries or
instrumentalities.
(d) Retaliatory authority.
(e) Continuation of duties or other import
restrictions after termination of or
withdrawal from agreements.
(f) Public hearings.
2136. Reciprocal nondiscriminatory treatment.
(a) Direct and indirect imports.
(b) Presidential determination of whether major
industrial countries have made substantially
equivalent concessions to the United States.
(c) Major industrial countries.
2137. Reservation of articles for national security or other
reasons.
(a) National security considerations.
(b) Action taken under other laws.
2138. Omitted.
PART 3 - HEARINGS AND ADVICE CONCERNING NEGOTIATIONS
2151. Advice from International Trade Commission.
(a) Lists of articles which may be considered for
action.
(b) Advice to President by Commission.
(c) Additional investigations and reports requested
by President or Trade Representative.
(d) Commission steps in preparing its advice to
President.
(e) Public hearings.
2152. Advice from executive departments and other sources.
2153. Public hearings.
(a) Opportunity for presentation of views.
(b) Summary of hearings.
2154. Prerequisites for offers.
2155. Information and advice from private and public
sectors.
(a) In general.
(b) Advisory Committee for Trade Policy and
Negotiations.
(c) General policy, sectoral, or functional
advisory committees.
(d) Policy, technical, and other advice and
information.
(e) Meeting of advisory committees at conclusion of
negotiations.
(f) Application of Federal Advisory Committee Act.
(g) Trade secrets and confidential information.
(h) Advisory committee support.
(i) Consultation with advisory committees;
procedures; nonacceptance of committee advice
or recommendations.
(j) Private organizations or groups.
(k) Scope of participation by members of advisory
committees.
(l) Advisory committees established by Department
of Agriculture.
(m) "Non-Federal government" defined.
PART 4 - OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
2171. Structure, functions, powers, and personnel.
(a) Establishment within Executive Office of the
President.
(b) United States Trade Representative; Deputy
United States Trade Representatives.
(c) Duties of United States Trade Representative
and Deputy United States Trade
Representatives.
(d) Unfair trade practices; additional duties of
Representative; advisory committee;
definition.
(e) Powers of United States Trade Representative.
(f) Use of other Federal agencies.
(g) Authorization of appropriations.
PART 5 - CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL
ACTIONS
2191. Bills implementing trade agreements on nontariff
barriers and resolutions approving commercial
agreements with Communist countries.
(a) Rules of House of Representatives and Senate.
(b) Definitions.
(c) Introduction and referral.
(d) Amendments prohibited.
(e) Period for committee and floor consideration.
(f) Floor consideration in the House.
(g) Floor consideration in the Senate.
2192. Resolutions disapproving certain actions.
(a) Contents of resolutions.
(b) Reference to committees.
(c) Discharge of committees.
(d) Floor consideration in the House.
(e) Floor consideration in the Senate.
(f) Procedures in the Senate.
2193. Resolutions relating to extension of waiver authority
under section 402 of the Trade Act of 1974.
(a) Contents of resolution.
(b) Application of rules of section 2192 of this
title; exceptions.
(c) Consideration of second resolution not in
order.
(d) Procedures relating to conference reports in
the Senate.
2194. Special rules relating to Congressional procedures.
(a) Delivery of documents to both Houses.
(b) Computation of 90-day period.
PART 6 - CONGRESSIONAL LIAISON AND REPORTS
2211. Congressional advisers for trade policy and
negotiations.
(a) Selection.
(b) Briefing.
(c) Committee consultation.
2212. Transmission of agreements to Congress.
(a) Submission of copy and reasons.
(b) Submission to each member.
2213. Reports.
(a) Annual report on trade agreements program and
national trade policy agenda.
(b) Annual trade projection report.
(c) ITC reports.
PART 7 - UNITED STATES INTERNATIONAL TRADE COMMISSION
2231. Change of name.
(a) Former United States Tariff Commission.
(b) References in law and other documents.
2232. Independent budget and authorization of
appropriations.
PART 8 - IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE
ACTIONS
2241. Estimates of barriers to market access.
(a) National trade estimates.
(b) Reports.
(c) Assistance of other agencies.
(d) Electronic commerce.
2242. Identification of countries that deny adequate
protection, or market access, for intellectual
property rights.
(a) In general.
(b) Special rules for identifications.
(c) Revocations and additional identifications.
(d) Definitions.
(e) Publication.
(f) Special rule for actions affecting United
States cultural industries.
(g) Annual report.
SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
PART 1 - POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS
2251. Action to facilitate positive adjustment to import
competition.
(a) Presidential action.
(b) Positive adjustment to import competition.
2252. Investigations, determinations, and recommendations by
Commission.
(a) Petitions and adjustment plans.
(b) Investigations and determinations by
Commission.
(c) Factors applied in making determinations.
(d) Provisional relief.
(e) Commission recommendations.
(f) Report by Commission.
(g) Expedited consideration of adjustment
assistance petitions.
(h) Limitations on investigations.
(i) Limited disclosure of confidential business
information under protective order.
2253. Action by President after determination of import
injury.
(a) In general.
(b) Reports to Congress.
(c) Implementation of action recommended by
Commission.
(d) Time for taking effect of certain relief.
(e) Limitations on actions.
(f) Certain agreements.
(g) Regulations.
2254. Monitoring, modification, and termination of action.
(a) Monitoring.
(b) Reduction, modification, and termination of
action.
(c) Extension of action.
(d) Evaluation of effectiveness of action.
(e) Other provisions.
PART 2 - ADJUSTMENT ASSISTANCE FOR WORKERS
SUBPART A - PETITIONS AND DETERMINATIONS
2271. Petitions.
(a) Filing of petitions; assistance; publication of
notice.
(b) Hearing.
2272. Group eligibility requirements; agricultural workers;
oil and natural gas industry.
(a) In general.
(b) Adversely affected secondary workers.
(c) Definitions.
2273. Determinations by Secretary of Labor.
(a) Certification of eligibility.
(b) Workers covered by certification.
(c) Publication of determination in Federal
Register.
(d) Termination of certification.
2274. Study by Secretary of Labor when International Trade
Commission begins investigation.
(a) Subject matter of study.
(b) Report; publication.
2275. Benefit information for workers.
SUBPART B - PROGRAM BENEFITS
2291. Qualifying requirements for workers.
(a) Trade readjustment allowance conditions.
(b) Withholding of trade readjustment allowance
pending beginning or resumption of
participation in training program; period of
applicability.
(c) Waivers of training requirements.
2292. Weekly amounts of readjustment allowance.
(a) Formula.
(b) Adversely affected workers who are undergoing
training.
(c) Deduction from total number of weeks of
allowance entitlement.
2293. Limitations on trade readjustment allowances.
(a) Maximum allowance; deduction for unemployment
insurance; additional payments for approved
training periods.
(b) Limitations on additional payments for training
periods.
(c) Adjustments of amounts payable.
(d) Special adjustments for benefit years ending
with extended benefit periods.
(e) Week during which worker received on-the-job
training.
(f) Workers treated as participating in training.
(g) Additional weeks to complete training.
2294. Application of State laws.
2295. Employment services.
2296. Training.
(a) Approval of training; limitation on
expenditures; reasonable expectation of
employment; payment of costs; approved
training programs; nonduplication of payments
from other sources; disapproval of certain
programs; exhaustion of unemployment benefits;
promulgation of regulations.
(b) Supplemental assistance.
(c) Payment of costs of on-the-job training.
(d) Eligibility for unemployment insurance.
(e) "Suitable employment" defined.
(f) "Customized training" defined.
2297. Job search allowances.
(a) Job search allowance authorized.
(b) Amount of allowance.
(c) Exception.
2298. Relocation allowances.
(a) Relocation allowance authorized.
(b) Amount of allowance.
(c) Limitations.
SUBPART C - GENERAL PROVISIONS
2311. Agreements with States.
(a) Authority of Secretary to enter into
agreements.
(b) Amendment, suspension, and termination of
agreements.
(c) Unemployment insurance.
(d) Review.
(e) Coordination of benefits and assistance.
(f) Advising and interviewing adversely affected
workers.
(g) Submission of information for coordination of
workforce investment activities.
2312. Administration absent State agreement.
(a) Promulgation of regulations; fair hearing.
(b) Review of final determination.
2313. Payments to States.
(a) Certification to Secretary of the Treasury for
payment to cooperating States.
(b) Utilization or return of money.
(c) Surety bonds.
2314. Liabilities of certifying and disbursing officers.
(a) Certifying officer.
(b) Disbursing officer.
2315. Fraud and recovery of overpayments.
(a) Repayment; deductions.
(b) False representation or nondisclosure of
material fact.
(c) Notice of determination; fair hearing;
finality.
(d) Recovered amount returned to Treasury.
2316. Penalties.
2317. Authorization of appropriations.
(a) In general.
(b) Period of expenditure.
2318. Demonstration project for alternative trade adjustment
assistance for older workers.
(a) In general.
(b) Termination.
2319. Definitions.
2320. Regulations.
2321. Subpena power.
(a) Subpena by Secretary.
(b) Court order.
2322. Repealed.
SUBPART D - NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM
2331. Repealed.
PART 3 - ADJUSTMENT ASSISTANCE FOR FIRMS
2341. Petitions and determinations.
(a) Filing of petition; receipt of petition;
initiation of investigation.
(b) Public hearing.
(c) Certification.
(d) Allowable period for determination.
2342. Approval of adjustment proposals.
(a) Application for adjustment assistance.
(b) Technical assistance.
(c) Termination of certification of eligibility.
2343. Technical assistance.
(a) Discretion of Secretary; types of assistance.
(b) Utilization of existing agencies, private
individuals, etc., in furnishing assistance;
grants to intermediary organizations.
2344. Financial assistance.
(a) Direct loans and guarantees of loans.
(b) Allowable purposes.
(c) Limitation on direct loans.
(d) Limitations on loans and guarantees.
2345. Conditions for financial assistance.
(a) Unavailability of firm's resources; reasonable
assurance of repayment.
(b) Interest rates.
(c) Maturity of loans.
(d) Priority for small firms; servicing of loans.
(e) Loan guarantee conditions.
(f) Operating reserves.
(g) Fees to lenders which make loan guarantees.
(h) Maximum aggregate amount of outstanding
guaranteed or direct loans.
(i) Preference for firms having employee stock
ownership plans.
2346. Delegation of functions to Small Business
Administration.
(a) Delegation of functions as to eligibility
certification.
(b) Authorization of appropriations.
(c) Transfer of unexpended appropriations.
2347. Administration of financial assistance.
(a) Powers of Secretary.
(b) Recordation of mortgages.
(c) Availability of receipts for financing
functions.
(d) Privileged or confidential information.
(e) Capital assets secured by first lien;
exceptions.
2348. Protective provisions.
(a) Recordkeeping.
(b) Audit and examination.
(c) Certifications.
(d) Conflicts of interest.
2349. Penalties.
2350. Civil actions.
2351. "Firm" defined.
2352. Regulations.
2353. Repealed.
2354. Study by Secretary of Commerce when International
Trade Commission begins investigation.
(a) Subject matter of study.
(b) Report; publication.
(c) Information to firms.
2355. Assistance to industry; authorization of
appropriations.
(a) Technical assistance.
(b) Expenditures.
PART 4 - ADJUSTMENT ASSISTANCE FOR COMMUNITIES
2371 to 2374. Omitted.
PART 5 - MISCELLANEOUS PROVISIONS
2391. General Accounting Office study and report.
(a) Adjustment assistance programs.
(b) Assistance from Labor and Commerce Departments.
2392. Adjustment Assistance Coordinating Committee.
2393. Trade monitoring system.
2394. Firms relocating in foreign countries.
2395. Judicial review.
(a) Petition for review; time and place of filing.
(b) Findings of fact by Secretary; conclusiveness;
new or modified findings.
(c) Determination; review by Supreme Court.
2396, 2397. Omitted.
PART 6 - ADJUSTMENT ASSISTANCE FOR FARMERS
2401. Definitions.
2401a. Petitions; group eligibility.
(a) In general.
(b) Hearings.
(c) Group eligibility requirements.
(d) Special rule for qualified subsequent years.
(e) Determination of qualified year and commodity.
2401b. Determinations by Secretary of Agriculture.
(a) In general.
(b) Notice.
(c) Termination of certification.
2401c. Study by Secretary of Agriculture when International
Trade Commission begins investigation.
(a) In general.
(b) Report.
2401d. Benefit information to agricultural commodity
producers.
(a) In general.
(b) Notice of benefits.
2401e. Qualifying requirements for agricultural commodity
producers.
(a) In general.
(b) Amount of cash benefits.
(c) Maximum amount of cash assistance.
(d) Limitations on other assistance.
2401f. Fraud and recovery of overpayments.
(a) In general.
(b) False statement.
(c) Notice and determination.
(d) Payment to Treasury.
(e) Penalties.
2401g. Authorization of appropriations.
(a) In general.
(b) Proportionate reduction.
SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES
2411. Actions by United States Trade Representative.
(a) Mandatory action.
(b) Discretionary action.
(c) Scope of authority.
(d) Definitions and special rules.
2412. Initiation of investigations.
(a) Petitions.
(b) Initiation of investigation by means other than
petition.
(c) Discretion.
2413. Consultation upon initiation of investigation.
(a) In general.
(b) Delay of request for consultations.
2414. Determinations by Trade Representative.
(a) In general.
(b) Consultation before determinations.
(c) Publication.
2415. Implementation of actions.
(a) Actions to be taken under section 2411.
(b) Alternative actions in certain cases of export
targeting.
2416. Monitoring of foreign compliance.
(a) In general.
(b) Further action.
(c) Consultations.
2417. Modification and termination of actions.
(a) In general.
(b) Notice; report to Congress.
(c) Review of necessity.
2418. Request for information.
(a) In general.
(b) If information not available.
(c) Certain business information not made
available.
2419. Administration.
2420. Identification of trade expansion priorities.
(a) Identification.
(b) Initiation of investigations.
(c) Agreements for elimination of barriers.
(d) Reports.
SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
NONDISCRIMINATORY TREATMENT
PART 1 - TRADE RELATIONS WITH CERTAIN COUNTRIES
2431. Exception of products of certain countries or areas.
2432. Freedom of emigration in East-West trade.
(a) Actions of nonmarket economy countries making
them ineligible for normal trade relations,
programs of credits, credit guarantees, or
investment guarantees, or commercial
agreements.
(b) Presidential determination and report to
Congress that nation is not violating freedom
of emigration.
(c) Waiver authority of President.
(d) Extension of waiver authority.
(e) Countries not covered.
2433. United States personnel missing in action in Southeast
Asia.
(a) Penalty for noncooperating countries.
(b) Exception.
2434. Extension of nondiscriminatory treatment.
(a) Presidential proclamation.
(b) Limitation on period of effectiveness.
(c) Suspension or withdrawal of extensions of
nondiscriminatory treatment.
2435. Commercial agreements.
(a) Presidential authority.
(b) Terms of agreements.
(c) Congressional action.
2436. Market disruption.
(a) Investigation by International Trade
Commission; report; publication.
(b) Affirmative determination.
(c) Products of Communist countries.
(d) Petitions to initiate consultations as provided
for by safeguard arrangements.
(e) Definitions; factors determining existence of
market disruption.
2437. Procedure for Congressional approval or disapproval of
extension of nondiscriminatory treatment and
Presidential reports.
(a) Transmission of nondiscriminatory treatment
documents to Congress.
(b) Transmission of freedom of emigration documents
to Congress.
(c) Effective date of proclamations and agreements;
disapproval of reports.
2438. Payment by Czechoslovakia of amounts owed United
States citizens and nationals.
(a) Renegotiation of 1974 agreement.
(b) Provisional retention of gold.
2439. Freedom to emigrate to join a very close relative in
United States.
(a) Sanctions for emigration restrictions.
(b) Report to Congress concerning emigration
policies.
(c) Exemption from application of section.
(d) Additional exemption from application of
section.
2440, 2441. Repealed.
PART 2 - RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION
OF TRADE TO THE UNITED STATES MARKET
2451. Action to address market disruption.
(a) Presidential action.
(b) Initiation of an investigation.
(c) Market disruption.
(d) Factors in determination.
(e) Time for Commission determinations.
(f) Recommendations of Commission on proposed
remedies.
(g) Report by Commission.
(h) Opportunity to present views and evidence on
proposed measure and recommendation to the
President.
(i) Critical circumstances.
(j) Agreements with the People's Republic of China.
(k) Standard for Presidential action.
(l) Publication of decision and reports.
(m) Effective date of relief.
(n) Modifications of relief.
(o) Extension of action.
2451a. Action in response to trade diversion.
(a) Monitoring by Customs Service.
(b) Initiation of investigation.
(c) Actions described.
(d) Basis for determination of significant
diversion.
(e) Commission determination; agreement authority.
(f) Public comment.
(g) Recommendation to the President.
(h) Presidential action.
(i) Duration of action.
(j) Review of circumstances.
2451b. Regulations; termination of provision.
(a) To carry out restrictions and monitoring.
(b) To carry out agreements.
(c) Termination date.
SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES
2461. Authority to extend preferences.
2462. Designation of beneficiary developing countries.
(a) Authority to designate countries.
(b) Countries ineligible for designation.
(c) Factors affecting country designation.
(d) Withdrawal, suspension, or limitation of
country designation.
(e) Mandatory graduation of beneficiary developing
countries.
(f) Congressional notification.
2463. Designation of eligible articles.
(a) Eligible articles.
(b) Articles that may not be designated as eligible
articles.
(c) Withdrawal, suspension, or limitation of
duty-free treatment; competitive need
limitation.
(d) Waiver of competitive need limitation.
(e) International Trade Commission advice.
(f) Special rule concerning Puerto Rico.
2464. Review and report to Congress.
2465. Date of termination.
2466. Agricultural exports of beneficiary developing
countries.
2466a. Designation of sub-Saharan African countries for
certain benefits.
(a) Authority to designate.
(b) Preferential tariff treatment for certain
articles.
(c) Beneficiary sub-Saharan African countries, etc.
2466b. Termination of benefits for sub-Saharan African
countries.
2467. Definitions.
SUBCHAPTER VI - GENERAL PROVISIONS
2481. Definitions.
2482. Exercise of functions of International Trade
Commission.
(a) Preliminary investigation.
(b) Use of authority granted under other
provisions.
(c) Gathering of current information.
2483. Consequential changes in Tariff Schedules of the
United States.
2484. International drug control.
2485. Voluntary limitations on exports of steel to United
States.
2486. Trade relations with North American countries.
(a) Negotiations for free trade area with Canada.
(b) Regional study.
2487. Repealed.
SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
DRUG-TRANSIT COUNTRIES
2491. Short title.
2492. Tariff treatment of products of uncooperative major
drug producing or drug-transit countries.
(a) Required action by President.
(b) Certifications; Congressional action.
(c) Duration of action.
(d) Presidential action regarding aviation.
(e) Standards and guidelines for determining major
drug-transit countries.
2493. Sugar quota.
2494. Progress reports.
2495. Definitions.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1352, 2502, 2804, 2805,
3004, 3105 of this title; title 6 section 212; title 28 sections
1581, 2631; title 29 section 2919.
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