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Title 19 — Customs Duties

Part 2 · Chapter 12 — Trade Act of 1974

§ 2136. Reciprocal nondiscriminatory treatment

Statutory text

(a)

Direct and indirect imports

Except as otherwise provided in this chapter or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.

(b)

Presidential determination of whether major industrial countries have made substantially equivalent concessions to the United States

The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on , whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this chapter which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this chapter, for the commerce of such country in the United States.

(c)

Major industrial countries

For purposes of this section, “major industrial country” means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.

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. Trade Act of 1974

    Pub. L. 93–618 title I § 126 · 88 Stat. 1978

    Enacted · 19 U.S.C. § 2136

    Pub. L. 93–618, title I, § 126, Jan. 3, 1975, 88 Stat. 1992

    Source evidence

    Code source credit
    Pub. L. 93–618, title I, § 126, Jan. 3, 1975, 88 Stat. 1992

    Enacted provision · exact public law section
    Recommendations to Congress.SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT. (a) Except as otherwise provided in this Act or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this title shall apply to products of all foreign countries, whether imported directly or indirectly. (b) The President shall determine, after the conclusion of all negotiations entered into under this Act or at the end of the 5-year period beginning on the date of enactment of this Act, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this Act which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this Act, for the commerce of such country in the United States. “Major industrial country.”(c) If the President determines under subsection (b) that a major industrial country has not made concessions under trade agreements entered into under this Act which provide substantially equivalent competitive opportunities for the commerce of the United States, he shall, either generally with respect to such country or by article produced by such country, in order to restore equivalence of competitive opportunities, recommend to the Congress— (1) legislation providing for the termination or denial of the benefits of concessions of trade agreements entered into under this Act made with respect to rates of duty or other import restrictions by the United States; and (2) that any legislation necessary to carry out any trade agreement under section 102 shall not apply to such country. (d) For purposes of this section, “major industrial country” means 19 USC 2137. Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.

  2. Federal Reports Elimination Act of 1998

    Pub. L. 105–362 title XIV § 1401(b)(1) · 112 Stat. 3280

    1. Redesignated · 19 U.S.C. § 2136(c); 19 U.S.C. § 2136(d)

      Pub. L. 105–362 redesignated subsec. (d) as (c)

    2. Struck · 19 U.S.C. § 2136(c); 19 U.S.C. § 2136(d)

      Pub. L. 105–362 struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.

    Enacted provision · exact public law section
    (1) Section 126 of the Trade Act of 1974 (19 U.S.C. 2136(c))is amended— (A) by repealing subsection (c); and (B) by redesignating subsection (d) as subsection (c).

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93–618, , 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.

Amendments

1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.

Credits

1975–1998 · 2 acts
  1. 1975Pub. L. 93–618, title I, § 126, , 88 Stat. 1992
  2. 1998Pub. L. 105–362, title XIV, § 1401(b)(1), , 112 Stat. 3294.
Show as published

(Pub. L. 93–618, title I, § 126, , 88 Stat. 1992; Pub. L. 105–362, title XIV, § 1401(b)(1), , 112 Stat. 3294.)

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