§2461. Authority to extend preferences

The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this subchapter. In taking any such action, the President shall have due regard for-

(1) the effect such action will have on furthering the economic development of developing countries through the expansion of their exports;

(2) the extent to which other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of products of such countries;

(3) the anticipated impact of such action on United States producers of like or directly competitive products; and

(4) the extent of the beneficiary developing country's competitiveness with respect to eligible articles.

( Pub. L. 93–618, title V, §501, Jan. 3, 1975, 88 Stat. 2066 ; Pub. L. 98–573, title V, §502, Oct. 30, 1984, 98 Stat. 3018 .)

Amendments

1984-Par. (1). Pub. L. 98–573, §502(1), inserted "through the expansion of their exports".

Par. (4). Pub. L. 98–573, §502(2)–(4), added par. (4).

Effective Date of 1984 Amendment

Section 508 of title V of Pub. L. 98–573 provided that: "The amendments made by this title [enacting section 2466 of this title, amending this section and sections 2462 to 2465 of this title, and enacting provisions set out as notes under this section and section 2101 of this title] shall take effect on January 4, 1985."

Statement of Purpose of 1984 Amendment

Section 501(b) of title V of Pub. L. 98–573 provided that: "The purpose of this title [enacting section 2466 of this title, amending this section and sections 2462 to 2465 of this title, and enacting provisions set out as notes under this section and section 2101 of this title] is to-

"(1) promote the development of developing countries, which often need temporary preferential advantages to compete effectively with industrialized countries;

"(2) promote the notion that trade, rather than aid, is a more effective and cost-efficient way of promoting broad-based sustained economic development;

"(3) take advantage of the fact that developing countries provide the fastest growing markets for United States exports and that foreign exchange earnings from trade with such countries through the Generalized System of Preferences can further stimulate United States exports;

"(4) allow for the consideration of the fact that there are significant differences among developing countries with respect to their general development and international competitiveness;

"(5) encourage the providing of increased trade liberalization measures, thereby setting an example to be emulated by other industrialized countries;

"(6) recognize that a large number of developing countries must generate sufficient foreign exchange earnings to meet international debt obligations;

"(7) promote the creation of additional opportunities for trade among the developing countries;

"(8) integrate developing countries into the international trading system with its attendant responsibilities in a manner commensurate with their development;

"(9) encourage developing countries-

"(A) to eliminate or reduce significant barriers to trade in goods and services and to investment,

"(B) to provide effective means under which foreign nationals may secure, exercise, and enforce exclusive intellectual property rights, and

"(C) to afford workers internationally recognized worker rights; and

"(10) address the concerns listed in the preceding paragraphs in a manner that-

"(A) does not adversely affect United States producers and workers, and

"(B) conforms to the international obligations of the United States under the General Agreement on Tariffs and Trade."

Section Referred to in Other Sections

This section is referred to in sections 2463, 2464 of this title.