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Title 19 — Customs Duties

Part B · Chapter 13 — Trade Agreements Act of 1979

§ 2543. Representation of United States interests before international standards organizations

Statutory text

(a)

Oversight and consultation

The Secretary concerned shall—

(1)

inform, and consult and coordinate with, the Trade Representative with respect to international standards-related activities identified under paragraph (2);

(2)

keep adequately informed regarding international standards-related activities and identify those that may substantially affect the commerce of the United States; and

(3)

carry out such functions as are required under subsections (b) and (c).

(b)

Representation of United States interests by private persons

(1)

Definitions

For purposes of this subsection—

(A)

Organization member

The term “organization member” means the private person who holds membership in a private international standards organization.

(B)

Private international standards organization

The term “private international standards organization” means any international standards organization before which the interests of the United States are represented by a private person who is officially recognized by that organization for such purpose.

(2)

In general

Except as otherwise provided for in this subsection, the representation of United States interests before any private international standards organization shall be carried out by the organization member.

(3)

Inadequate representation

If the Secretary concerned, after inquiry instituted on his own motion or at the request of any private person, Federal agency, or State agency having an interest therein, has reason to believe that the participation by the organization member in the proceedings of a private international standards organization will not result in the adequate representation of United States interests that are, or may be, affected by the activities of such organization (particularly with regard to the potential impact of any such activity on the international trade of the United States), the Secretary concerned shall immediately notify the organization member concerned. During any such inquiry, the Secretary concerned may solicit and consider the advice of the appropriate representatives referred to in section 2547 of this title.

(4)

Action by organization member

If within the 90-day period after the date on which notification is received under paragraph (3) (or such shorter period as the Secretary concerned determines to be necessary in extraordinary circumstances), the organization member demonstrates to the Secretary concerned its willingness and ability to represent adequately United States interests before the private international standards organization, the Secretary concerned shall take no further action under this subsection.

(5)

Action by Secretary concerned

If—

(A)

within the appropriate period referred to in paragraph (4), the organization member does not respond to the Secretary concerned with respect to the notification, or does respond but does not demonstrate to the Secretary concerned the requisite willingness and ability to represent adequately United States interests; or

(B)

there is no organization member of the private international standards organization;

the Secretary concerned shall make appropriate arrangements to provide for the adequate representation of United States interests. In cases where subparagraph (A) applies, such provision shall be made by the Secretary concerned through the appropriate organization member if the private international standards organization involved requires representation by that member.

(c)

Representation of United States interests by Federal agencies

With respect to any international standards organization before which the interests of the United States are represented by one or more Federal agencies that are officially recognized by that organization for such purpose, the Secretary concerned shall—

(1)

encourage cooperation among interested Federal agencies with a view toward facilitating the development of a uniform position with respect to the technical activities with which the organization is concerned;

(2)

encourage such Federal agencies to seek information from, and to cooperate with, the affected domestic interests when undertaking such representation; and

(3)

not preempt the responsibilities of any Federal agency that has jurisdiction with respect to the activities undertaken by such organization, unless requested to do so by such agency.

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 Agreements Act of 1979

    Pub. L. 96–39 title IV § 413 · 93 Stat. 144

    Enacted · 19 U.S.C. § 2543

    Pub. L. 96–39, title IV, § 413, July 26, 1979, 93 Stat. 244

    Source evidence

    Code source credit
    Pub. L. 96–39, title IV, § 413, July 26, 1979, 93 Stat. 244

    Enacted provision · exact public law section
    SEC. 413. REPRESENTATION OF UNITED STATES INTERESTS BEFORE INTERNATIONAL STANDARDS ORGANIZATIONS. (a) Oversight and Consultation.— The Secretary concerned shall— (1) inform, and consult and coordinate with, the Special Representative with respect to international standards-related activities identified under paragraph (2); (2) keep adequately informed regarding international standards-related activities and identify those that may substantially affect the commerce of the United States; and (3) carry out such functions as are required under subsections (b) and (c). (b) Representation of United States Interests by Private Persons.— (1) Definitions.— For purposes of this subsection— (A) Organization member.— The term “organization member” means the private person who holds membership in a private international standards organization. (B) Private international standards organization.— The term “private international standards organization” means any international standards organization before which the interests of the United States are represented by a private person who is officially recognized by that organization for such purpose. (2) In general.— Except as otherwise provided for in this subsection, the representation of United States interests before any private international standards organization shall be carried out by the organization member. (3) Inadequate representation.— If the Secretary concerned, after inquiry instituted on his own motion or at the request of any private person, Federal agency, or State agency having an interest therein, has reason to believe that the participation by the organization member in the proceedings of a private international standards organization will not result in the adequate representation of United States interests that are, or may be, affected by the activities of such organization (particularly with regard to the potential impact of any such activity on the international trade of the United States), the Secretary concerned shall immediately notify the organization member con-cerned. During any such inquiry, the Secretary concerned may solicit and consider the advice of the appropriate representatives referred to in section 417. (4) Action by organization member.— If within the 90-day period after the date on which notification is received under paragraph (3) (or such shorter period as the Secretary concerned determines to be necessary in extraordinary circumstances), the organization member demonstrates to the Secretary concerned its willingness and ability to represent adequately United States interests before the private international standards organization, the Secretary concerned shall take no further action under this subsection. (5) Action by secretary concerned.— If— (A) within the appropriate period referred to in paragraph (4), the organization member does not respond to the Secretary concerned with respect to the notification, or does respond but does not demonstrate to the Secretary concerned the requisite willingness and ability to represent adequately United States interests; or (B) there is no organization member of the private international standards organization; the Secretary concerned shall make appropriate arrangements to provide for the adequate representation of United States interests. In cases where subparagraph (A) applies, such provision shall be made by the Secretary concerned through the appropriate organization member if the private international standards organization involved requires representation by that member. (c) Representation of United States Interests by Federal Agencies.— With respect to any international standards organization before which the interests of the United States are represented by one or more Federal agencies that are officially recognized by that organization for such purpose, the Secretary concerned shall— (1) encourage cooperation among interested Federal agencies with a view toward facilitating the development of a uniform position with respect to the technical activities with which the organization is concerned; (2) encourage such Federal agencies to seek information from, and to cooperate with, the affected domestic interests when undertaking such representation; and (3) not preempt the responsibilities of any Federal agency that has jurisdiction with respect to the activities undertaken by such organization, unless requested to do so by such agency.

  2. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 title III § 351(b)(2)(A) · 107 Stat. 2057

    1. Amended · 19 U.S.C. § 2543(a)(1)

      Pub. L. 103–182, as amended by Pub. L. 104–295

    2. Substituted · 19 U.S.C. § 2543(a)(1)

      Pub. L. 103–182, as substituted “Trade Representative” for “Special Representative”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.

    Enacted provision · exact public law section
    (A) 19 USC 2541 et seq. by striking out “Special Representative” each place it appears and inserting “Trade Representative”; and

  3. Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 21(b)(1) · 110 Stat. 3514

    Amended · 19 U.S.C. § 2543(a)(1)

    Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.

    Enacted provision · exact public law section
    (1) Section 351(b)(2) of the North American Free Trade Agreement Implementation Act is amended by striking “Agreement 19 USC 2541. Act” and inserting “Agreements Act”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1993–1996 · 2 rounds

1996

Subsec. (a)(1). Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.

1993

Subsec. (a)(1). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.

Credits

1979–1996 · 3 acts
  1. 1979Pub. L. 96–39, title IV, § 413, , 93 Stat. 244
  2. 1993Pub. L. 103–182, title III, § 351(b)(2)(A), , 107 Stat. 2122
  3. 1996Pub. L. 104–295, § 21(b)(1), , 110 Stat. 3529.
Show as published

(Pub. L. 96–39, title IV, § 413, , 93 Stat. 244; Pub. L. 103–182, title III, § 351(b)(2)(A), , 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), , 110 Stat. 3529.)

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