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Title 19 — Customs Duties

Part C · Chapter 13 — Trade Agreements Act of 1979

§ 2561. Findings of reciprocity required in administrative proceedings

Statutory text

(a)

In general

Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writing, that—

(1)

the country of origin of the imported product is a Party to the Agreement or a foreign country described in section 2552(2) of this title; and

(2)

the dispute settlement procedures provided under the Agreement are not appropriate.

(b)

Exemptions

This section does not apply with respect to causes of action arising under—

(1)

the antitrust laws as defined in section 12(a) of title 15; or

(2)

statutes administered by the Secretary of Agriculture.

This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section 553 of title 5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.

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 § 441 · 93 Stat. 144

    Enacted · 19 U.S.C. § 2561

    Pub. L. 96–39, title IV, § 441, July 26, 1979, 93 Stat. 248

    Source evidence

    Code source credit
    Pub. L. 96–39, title IV, § 441, July 26, 1979, 93 Stat. 248

    Enacted provision · exact public law section
    SEC. 441. FINDINGS OF RECIPROCITY REQUIRED IN ADMINISTRATIVE PROCEEDINGS. (a) In General.— Except as provided under chapter 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Special Representative finds, and informs the agency concerned in writing, that— (1) the country of origin of the imported product is a Party to the Agreement or a foreign country described in section 422(2); and (2) the dispute settlement procedures provided under the Agreement are not appropriate. (b) Exemptions.— This section does not apply with respect to causes of action arising under— (1) the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)); or (2) statutes administered by the Secretary of Agriculture. This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section 553 of title 5, United States Code, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.

  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. § 2561(a)

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

    2. Substituted · 19 U.S.C. § 2561(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). 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. § 2561

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

    Source evidence

    Code amendment note
    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

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

1993

Subsec. (a). 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, § 441, , 93 Stat. 248
  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, § 441, , 93 Stat. 248; Pub. L. 103–182, title III, § 351(b)(2)(A), , 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), , 110 Stat. 3529.)

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/s2561