19 USC Ch. 12: Front Matter
From Title 19-CUSTOMS DUTIESCHAPTER 12-TRADE ACT OF 1974
Jump To: Miscellaneous
CHAPTER 12-TRADE ACT OF 1974
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 petition; publication of notice.
(b)
Hearing.
2272.
Group eligibility requirements; agricultural workers; oil and natural gas industry.
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)
Approval of training programs; written certifications; revocation of certification; annual report.
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.
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.
2297.
Job search allowances.
(a)
Terms.
(b)
Conditions.
(c)
Reimbursement for necessary expenses.
2298.
Relocation allowances.
(a)
Filing of application.
(b)
Suitable employment; bona fide offer; total separation when relocation commences.
(c)
Time of relocation.
(d)
"Relocation allowance" defined.
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)
Subpart D.
2318.
Supplemental wage allowance demonstration projects.
(a)
Establishment of projects; purpose.
(b)
Supplemental wage allowances.
(c)
Evaluation of projects.
(d)
Report to Congress; evaluation and recommendation.
2319.
Definitions.
2320.
Regulations.
2321.
Subpena power.
(a)
Subpena by Secretary.
(b)
Court order.
2322.
Nonduplication of assistance.
subpart d-nafta transitional adjustment assistance program
2331.
Establishment of transitional program.
(a)
Group eligibility requirements.
(b)
Preliminary findings and basic assistance.
(c)
Review of petitions by Secretary; certifications.
(d)
Comprehensive assistance.
(e)
Administration.
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.
Petitions and determinations.
(a)
Filing of petition; receipt of petition; initiation of investigation.
(b)
Public hearing.
(c)
Certification.
(d)
Allowable period for determination.
(e)
Size and boundaries of trade impacted areas; criteria.
(f)
Termination of certification of eligibility.
2372.
Trade Impacted Area Councils for Adjustment Assistance.
(a)
Establishment.
(b)
Duty and function of Councils.
(c)
Grants for staff.
(d)
Applications for adjustment assistance.
2373.
Program benefits.
(a)
Types of adjustment assistance.
(b)
Approval of adjustment assistance plan.
(c)
Public Works and Economic Development Act of 1965.
(d)
Loan guarantees.
(e)
Agreement of State or community to pay a portion of liability arising on loan guarantees.
(f)
Preference to corporations with employee stock ownership plan; requisite features of plan.
(g)
Maximum United States share of loan guarantees.
2374.
Community Adjustment Assistance Fund.
(a)
Establishment.
(b)
Authorization of appropriations.
(c)
Authorization for loan guarantees.
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.
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 CURRENTLY RECEIVING NONDISCRIMINATORY TREATMENT
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.
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.
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.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1352, 2502, 2804, 2805, 3004, 3105 of this title; title 28 sections 1581, 2631.