§ 2532. Federal standards-related activities

Footnotes

1. 1 See References in Text note below.

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. 1979

   Trade Agreements Act of 1979

   Pub. L. 96–39 title IV § 402 · 93 Stat. 144

   Enacted · 19 U.S.C. § 2532

   Pub. L. 96–39, title IV, § 402, July 26, 1979, 93 Stat. 242

   Source evidence

   Code source credit
   Pub. L. 96–39, title IV, § 402, July 26, 1979, 93 Stat. 242

   Enacted provision · exact public law section
   SEC. 402. FEDERAL STANDARDS-RELATED ACTIVITIES. 19 USC 2532. No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements: (1) Nondiscriminatory treatment.— Each Federal agency shall ensure, in applying standards-related activities with respect to any imported product, that such product is treated no less favorably than are like domestic or imported products, including, but not limited to, when applying tests or test methods, no less favorable treatment with respect to— (A) the acceptance of the product for testing in comparable situations; (B) the administration of the tests in comparable situations; (C) the fees charged for tests; (D) the release of test results to the exporter, importer, or agents; (E) the siting of testing facilities and the selection of samples for testing; and (F) the treatment of confidential information pertaining to the product. (2) Use of international standards.— (A) In general.— Except as provided in subparagraph (B)(ii), each Federal agency, in developing standards, shall take into consideration international standards and shall, if appropriate, base the standards on international standards. (B) Application of requirement.— For purposes of this paragraph, the following apply: (i) International standards not appropriate.— The reasons for which the basing of a standard on an international standard may not be appropriate include, but are not limited to, the following: (I) National security requirements. (II) The prevention of deceptive practices. (III) The protection of human health or safety, animal or plant life or health, or the environment. (IV) Fundamental climatic or other geographical factors. (V) Fundamental technological problems. (ii) Regional standards.— In developing standards, a Federal agency may, but is not required to, take into consideration any international standard promulgated by an international standards organization the membership of which is described in section 451(6)(A)(ii). (3) Performance criteria.— Each Federal agency shall, if appropriate, develop standards based on performance criteria, such as those relating to the intended use of a product and the level of performance that the product must achieve under defined conditions, rather than on design criteria, such as those relating to the physical form of the product or the types of material of which the product is made. (4) Certification access for foreign suppliers.— Each Federal agency shall, with respect to any certification system used by it, permit access for obtaining certification under that system to foreign suppliers of a product on the same basis as access is permitted to suppliers of like products, whether of domestic or other foreign origin.

2. 1994

   Pub. L. 103–465 title III § 351(c) · 108 Stat. 4809

   1. Substituted · 19 U.S.C. § 2532(4)

      Pub. L. 103–465 substituted “Access” for “Certification access” in heading, and, in text

   2. Substituted · 19 U.S.C. § 2532(4)

      Pub. L. 103–465 substituted “conformity assessment procedure” for “certification system”

   3. Substituted · 19 U.S.C. § 2532(4)

      Pub. L. 103–465 substituted “an assessment of conformity and the mark of the system, if any” for “certification under that system”

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 103–465 substituted “Access” for “Certification access” in heading, and, in text, substituted “conformity assessment procedure” for “certification system” and “an assessment of conformity and the mark of the system, if any” for “certification under that system”.

   Enacted provision · exact public law section
   (c) Section 402.— Section 402(4) is amended— (1) “Certification access” in the paragraph heading and inserting “Access”; (2) by striking “certification system” and inserting “conformity assessment procedure”; and (3) by striking “certification under that system” and inserting “an assessment of conformity and the mark of the system, if any”.

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

3. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 20(c)(14) · 110 Stat. 3514

   Inserted · 19 U.S.C. § 2532(4)

   Pub. L. 104–295 inserted comma after “system, if any”

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 104–295 inserted comma after “system, if any”.

   Enacted provision · exact public law section
   (14) Section 402(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2532(4)) is amended by inserting a comma after “system, if any”.

5 of 5 references resolved to an enrolled provision