|
U.S. Code as of:
01/19/04
Section 2902. Trade agreement negotiating authority
(a) Agreements regarding tariff barriers
(1) Whenever the President determines that one or more existing
duties or other import restrictions of any foreign country or the
United States are unduly burdening and restricting the foreign
trade of the United States and that the purposes, policies, and
objectives of this title will be promoted thereby, the President -
(A) before June 1, 1993, may enter into trade agreements with
foreign countries; and
(B) may, subject to paragraphs (2) through (5), proclaim -
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise
treatment, or
(iii) such additional duties;
as he determines to be required or appropriate to carry out any
such trade agreement.
(2) No proclamation may be made under subsection (a) of this
section that -
(A) reduces any rate of duty (other than a rate of duty that
does not exceed 5 percent ad valorem on August 23, 1988) to a
rate which is less than 50 percent of the rate of such duty that
applies on August 23, 1988; or
(B) increases any rate of duty above the rate that applies on
August 23, 1988.
(3)(A) Except as provided in subparagraph (B), the aggregate
reduction in the rate of duty on any article which is in effect on
any day pursuant to a trade agreement entered into under paragraph
(1) shall not exceed the aggregate reduction which would have been
in effect on such day if 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 in paragraph (1) to carry out such agreement
with respect to such article.
(B) No staging under subparagraph (A) is required with respect to
a rate reduction that is proclaimed under paragraph (1) for an
article of a kind that is not produced in the United States. The
United States International Trade Commission shall advise the
President of the identity of articles that may be exempted from
staging under this subparagraph.
(4) If the President determines that such action will simplify
the computation of reductions under paragraph (3), the President
may round an annual reduction by the lesser of -
(A) the difference between the reduction without regard to this
paragraph and the next lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) No reduction in a rate of duty under a trade agreement
entered into under subsection (a) of this section on any article
may take effect more than 10 years after the effective date of the
first reduction under paragraph (1) that is proclaimed to carry out
the trade agreement with respect to such article.
(6) A rate of duty reduction or increase that may not be
proclaimed by reason of paragraph (2) may take effect only if a
provision authorizing such reduction or increase is included within
an implementing bill provided for under section 2903 of this title
and that bill is enacted into law.
(b) Agreements regarding nontariff barriers
(1) Whenever the President determines that any barrier to, or
other distortion of, international trade -
(A) unduly burdens or restricts the foreign trade of the United
States or adversely affects the United States economy; or
(B) the imposition of any such barrier or distortion is likely
to result in such a burden, restriction, or effect;
and that the purposes, policies, and objectives of this title will
be promoted thereby, the President may, before June 1, 1993, enter
into a trade agreement with foreign countries providing for -
(i) the reduction or elimination of such barrier or other
distortion; or
(ii) the prohibition of, or limitations on the imposition of,
such barrier or other distortion.
(2) A trade agreement may be entered into under this subsection
only if such agreement makes progress in meeting the applicable
objectives described in section 2901 of this title.
(c) Bilateral agreements regarding tariff and nontariff barriers
(1) Before June 1, 1993, the President may enter into bilateral
trade agreements with foreign countries that provide for the
elimination or reduction of any duty imposed by the United States.
A trade agreement entered into under this paragraph may also
provide for the reduction or elimination of barriers to, or other
distortions of, the international trade of the foreign country or
the United States.
(2) Notwithstanding any other provision of law, no trade benefit
shall be extended to any country by reason of the extension of any
trade benefit to another country under a trade agreement entered
into under paragraph (1) with such other country.
(3) A trade agreement may be entered into under paragraph (1)
with any foreign country only if -
(A) the agreement makes progress in meeting the applicable
objectives described in section 2901 of this title;
(B) such foreign country requests the negotiation of such an
agreement; and
(C) the President, at least 60 days before the date notice is
provided under section 2903(a)(1)(A) of this title -
(i) provides written notice of such negotiations to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives, and
(ii) consults with such committees regarding the negotiation
of such agreement.
(4) The 60-day period of time described in paragraph (3)(C) shall
be computed in accordance with section 2903(e) of this title.
(5) In any case in which there is an inconsistency between any
provision of this Act and any bilateral free trade area agreement
that entered into force and effect with respect to the United
States before January 1, 1987, the provision shall not apply with
respect to the foreign country that is party to that agreement.
(d) Consultation with Congress before agreements entered into
(1) Before the President enters into any trade agreement under
subsection (b) or (c) of this section, the President shall consult
with -
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate; and
(B) each other committee of the House and the Senate, and each
joint committee of the Congress, which has jurisdiction over
legislation involving subject matters which would be affected by
the trade agreement.
(2) The consultation under paragraph (1) shall include -
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the
applicable purposes, policies, and objectives of this title; and
(C) all matters relating to the implementation of the agreement
under section 2903 of this title.
(3) If it is proposed to implement two or more trade agreements
in a single implementing bill under section 2903 of this title, the
consultation under paragraph (1) shall include the desirability and
feasibility of such proposed implementation.
(e) Special provisions regarding Uruguay Round trade negotiations
(1) In general
Notwithstanding the time limitations in subsections (a) and (b)
of this section, if the Uruguay Round of multilateral trade
negotiations under the auspices of the General Agreement on
Tariffs and Trade has not resulted in trade agreements by May 31,
1993, the President may, during the period after May 31, 1993,
and before April 16, 1994, enter into, under subsections (a) and
(b) of this section, trade agreements resulting from such
negotiations.
(2) Application of tariff proclamation authority
No proclamation under subsection (a) of this section to carry
out the provisions regarding tariff barriers of a trade agreement
that is entered into pursuant to paragraph (1) may take effect
before the effective date of a bill that implements the
provisions regarding nontariff barriers of a trade agreement that
is entered into under such paragraph.
(3) Application of implementing and "fast track" procedures
Section 2903 of this title applies to any trade agreement
negotiated under subsection (b) of this section pursuant to
paragraph (1), except that -
(A) in applying subsection (a)(1)(A) of section 2903 of this
title to any such agreement, the phrase "at least 120 calendar
days before the day on which he enters into the trade agreement
(but not later than December 15, 1993)," shall be substituted
for the phrase "at least 90 calendar days before the day on
which he enters into the trade agreement,"; and
(B) no provision of subsection (b) of section 2903 of this
title other than paragraph (1)(A) applies to any such agreement
and in applying such paragraph, "April 16, 1994;" shall be
substituted for "June 1, 1991;".
(4) Advisory committee reports
The report required under section 2155(e)(1) of this title
regarding any trade agreement provided for under paragraph (1)
shall be provided to the President, the Congress, and the United
States Trade Representative not later than 30 days after the date
on which the President notifies the Congress under section
2903(a)(1)(A) of this title of his intention to enter into the
agreement (but before January 15, 1994).
|
|