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Title 19 — Customs Duties

Part 1 · Chapter 12 — Trade Act of 1974

§ 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

Statutory text

(1)

If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned.

(2)

In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements.

(3)

Nothing in paragraph (2) shall apply to any products or services with respect to which—

(A)

any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before , or

(B)

any written commitment relating to a foreign direct investment that is binding on , has been made directly or indirectly by any United States person.

(4)

Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 2133 of this title for providing compensation for actions taken under section 2253 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. International Trade and Investment Act

    Pub. L. 98–573 title III § 307(b) · 98 Stat. 2948

    Enacted · 19 U.S.C. § 2114d

    Pub. L. 98–573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012

    Source evidence

    Code source credit
    Pub. L. 98–573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012

    Enacted provision · exact public law section
    (b) (1) If the United States Trade Representative, with the advice of the committee established by section 242 of the Trade Expansion of 1962 (19 U.S.C. 1872), determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned. (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) or paragraph (3) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before the date of enactment of this Act, or (B) any written commitment relating to a foreign direct investment that is binding on the date of enactment of this Act has been made directly or indirectly by any United States person. (4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 123 of the Trade Act of 1974 (19 U.S.C. 2133) for providing compensation for actions taken under section 203 of that Act. Ante, p. 3003.

  2. Tax Reform Act of 1986

    Pub. L. 99–514 title XVIII § 1889(5) · 100 Stat. 2085

    Struck · 19 U.S.C. § 2114d(3)

    Pub. L. 99–514 struck out “or paragraph (3)” after “paragraph (2)”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 99–514 struck out “or paragraph (3)” after “paragraph (2)”.

    Enacted provision · exact public law section
    (5) Paragraph (3) of section 307(b) is amended by striking out “or paragraph (3)”.

2 of 2 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Codification

Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter.

Section is comprised of subsec. (b) of section 307 of Pub. L. 98–573. Subsec. (a) of such section amended section 2112(g)(3) of this title.

Amendments

1986—Par. (3). Pub. L. 99–514 struck out “or paragraph (3)” after “paragraph (2)”.

Statutory Notes and Related Subsidiaries

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Credits

1984–1986 · 2 acts
  1. 1984Pub. L. 98–573, title III, § 307(b), , 98 Stat. 3012
  2. 1986Pub. L. 99–514, title XVIII, § 1889(5), , 100 Stat. 2926.
Show as published

(Pub. L. 98–573, title III, § 307(b), , 98 Stat. 3012; Pub. L. 99–514, title XVIII, § 1889(5), , 100 Stat. 2926.)

Parsed from the official OLRC USLM XML in data/usc_all/usc19.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t19/s2114d