Title 19 — Customs Duties
Part C · Chapter 13 — Trade Agreements Act of 1979
§ 2561. Findings of reciprocity required in administrative proceedings
Statutory text
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—
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
the dispute settlement procedures provided under the Agreement are not appropriate.
Exemptions
This section does not apply with respect to causes of action arising under—
the antitrust laws as defined in section 12(a) of title 15; or
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.
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. 248Enacted 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.North American Free Trade Agreement Implementation Act
Pub. L. 103–182 title III § 351(b)(2)(A) · 107 Stat. 2057
Amended · 19 U.S.C. § 2561(a)
Pub. L. 103–182, as amended by Pub. L. 104–295
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”; andMiscellaneous 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
- 1979Pub. L. 96–39, title IV, § 441, , 93 Stat. 248
- 1993Pub. L. 103–182, title III, § 351(b)(2)(A), , 107 Stat. 2122
- 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.)