§ 2804. — Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2804]
TITLE 19--CUSTOMS DUTIES
CHAPTER 16--WINE TRADE
Sec. 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--
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\1\ So in original. Probably should be capitalized.
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(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
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\2\ So in original. Probably should be ``therefor;''.
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(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.
(Pub. L. 98-573, title IX, Sec. 905, Oct. 30, 1984, 98 Stat. 3049.)
References in Text
Section 854(a) of the Trade Agreements Act of 1979, referred to in
subsec. (b)(1), is section 854(a) of Pub. L. 96-39, title VIII, July 26,
1979, 93 Stat. 294, which is set out as a note under section 2135 of
this title.
The Trade Act of 1974, referred to in subsecs. (b)(1)(C)(i) and (c),
is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is
classified principally to chapter 12 (Sec. 2101 et seq.) of this title.
For complete classification of this Act to the Code, see References in
Text note set out under section 2101 of this title and Tables.
Reports on Negotiations To Eliminate Wine Trade Barriers
Pub. L. 100-418, title I, Sec. 1125, Aug. 23, 1988, 102 Stat. 1147,
provided that: ``Before the close of the 13-month period beginning on
the date of the enactment of this Act [Aug. 23, 1988], the President
shall update each report that the President submitted to the Committee
on Ways and Means and the Committee on Finance under section 905(b) of
the Wine Equity and Export Expansion Act of 1984 (19 U.S.C. 2804 [(b)])
and submit the updated report to both of such committees. Each updated
report shall contain, with respect to the major wine trading country
concerned--
``(1) a description of each tariff or nontariff barrier to (or
other distortion of) trade in United States wine of that country
with respect to which the United States Trade Representative has
carried out consultations since the report required under such
section 905(b) was submitted;
``(2) the status of the consultations described under paragraph
(1); and
``(3) information, explanations, and recommendations of the kind
referred to in paragraph (1)(C), (D), and (E) of such section 905(b)
that are based on developments (including the taking of relevant
actions, if any, of a kind not contemplated at the time of the
enactment of such 1984 Act [Oct. 30, 1984]) since the submission of
the report required under such section.''
[Functions of the President under section 1125 of Pub. L. 100-418
delegated to the United States Trade Representative, see section 1-201
of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note
under section 2901 of this title.]
Section Referred to in Other Sections
This section is referred to in section 2805 of this title.
