§ 2902. — Trade agreement negotiating authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2902]
TITLE 19--CUSTOMS DUTIES
CHAPTER 17--NEGOTIATION AND IMPLEMENTATION OF TRADE AGREEMENTS
Sec. 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).
(Pub. L. 100-418, title I, Sec. 1102, Aug. 23, 1988, 102 Stat. 1126;
Pub. L. 101-382, title I, Sec. 139(b), Aug. 20, 1990, 104 Stat. 653;
Pub. L. 103-49, Sec. 1, July 2, 1993, 107 Stat. 239.)
References in Text
This title, referred to in subsecs. (a)(1), (b)(1), and (d)(2)(B),
is title I (Sec. 1001 et seq.) of Pub. L. 100-418, see note below. For
complete classification of this title to the Code, see Tables.
This Act, referred to in subsec. (c)(5), is Pub. L. 100-418, Aug.
23, 1988, 102 Stat. 1107, known as the Omnibus Trade and Competitiveness
Act of 1988. For complete classification of this Act to the Code, see
Tables.
Amendments
1993--Subsec. (e). Pub. L. 103-49 added subsec. (e).
1990--Subsec. (c)(4). Pub. L. 101-382 substituted ``paragraph
(3)(C)'' for ``paragraph (3)(B)'' and ``2903(e)'' for ``2903(f)''.
Section Referred to in Other Sections
This section is referred to in sections 2133, 2903, 2904, 3311, 3521
of this title; title 18 section 207.
