Laws: Cases and Codes : U.S. Code : Title 19 : Section 2804


   
U.S. Code as of: 01/19/04
Section 2804. Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine

    (a) Consultations with major wine trading countries
      The President shall direct the Trade Representative to enter into
    consultations with each major wine trading country to seek a
    reduction or elimination of that country's tariff barriers and
    nontariff barriers to (or other distortions of) trade in United
    States wine.
    (b) Reports to Congress on actions taken to expand export
      opportunities
      (1) the (!1) President shall notify each of the Committees
    regarding the extent and effect of the efforts undertaken since the
    submission of the report required under section 854(a) of the Trade
    Agreements Act of 1979 [19 U.S.C. 2135 note], and during the
    12-month period beginning on October 30, 1984, to expand
    opportunities in each major wine trading country for exports of
    United States wine. Such notification, which shall be in the form
    of a separate written report (that must be submitted within 30 days
    after the close of that 12-month period) for each major wine
    trading country, shall include - 

        (A) a description of each act, policy, and practice (and of its
      legal basis and operation) in that country that constitutes a
      tariff barrier or nontariff barrier to (or other distortion of)
      trade in United States wine (and that description shall be based
      upon an updating of the report that was submitted to the Congress
      under section 854(a) of the Trade Agreements Act of 1979);
        (B) an assessment of the extent to which each such act, policy,
      or practice is subject to international agreements to which the
      United States is a party;
        (C) information with respect to any action taken, or proposed
      to be taken, under existing authority to eliminate or reduce each
      such act, policy, or practice, including, but not limited to - 
          (i) any action under the Trade Act of 1974 [19 U.S.C. 2101 et
        seq.], and
          (ii) any negotiation or consultation with any foreign
        government;

        (D) if action referred to in subparagraph (C) was not taken, an
      explanation of the reasons therefore; (!2) and

        (E) recommendations to the Congress of any additional
      legislative authority or other action which the President
      believes is necessary and appropriate to obtain the elimination
      or reduction of foreign tariff barriers or nontariff barriers to
      (or other distortions of) trade in United States wine.

      (2) The reports required under paragraph (1) shall be developed
    and coordinated by the Trade Representative through the interagency
    trade organization established by section 1872(a) of this title.
    (c) Enforcement of rights
      If the President, after taking into account information and
    advice received under subsections (a) and (b) of this section,
    section 2805 of this title or from other sources, determines that
    action is appropriate to respond to any act, policy, or practice of
    a major wine trading country constitutes a tariff barrier or
    nontariff barrier to (or other distortion of) trade in United
    States wine and - 
        (1) is inconsistent with the provisions of, or otherwise denies
      benefits to the United States under, any trade agreement; or
        (2) is unjustifiable, unreasonable, or discriminatory and
      burdens or restricts United States commerce;

    the President, shall take all appropriate and feasible action under
    the Trade Act of 1974 [19 U.S.C. 2101 et seq.] to enforce the
    rights of the United States under any such trade agreement or to
    obtain the elimination of such act, policy, or practice.



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