§ 2905. Accession of state trading regimes to General Agreement on Tariffs and Trade or WTO

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. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1106 · 102 Stat. 1107

   Enacted · 19 U.S.C. § 2905

   Pub. L. 100–418, title I, § 1106, Aug. 23, 1988, 102 Stat. 1133

   Source evidence

   Code source credit
   Pub. L. 100–418, title I, § 1106, Aug. 23, 1988, 102 Stat. 1133

   Enacted provision · exact public law section
   SEC. 1106. ACCESSION OF STATE TRADING REGIMES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE. (a) In General.— Before any major foreign country accedes, after President of U.S. the date of enactment of this Act, to the GATT the President shall determine— (1) whether state trading enterprises account for a significant share of— (A) the exports of such major foreign country, or (B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and (2) whether such state trading enterprises— (A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or (B) are likely to result in such a burden, restriction, or effect. (b) Effects of Affirmative Determination.— If both of the determinations made under paragraphs (1) and (2) of subsection (a) with respect to a major foreign country are affirmative— (1) the President shall reserve the right of the United States to withhold extension of the application of the GATT, between the United States and such major foreign country, and (2) the GATT shall not apply between the United States and such major foreign country until— (A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country— (i) will— (I) make purchases which are not for the use of such foreign country, and (II) make sales in international trade, in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and (ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or (B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT between the United States and such major foreign country is enacted into law. (c) Expedited Consideration of Bill To Approve Extension.— (1) The President may submit to the Congress any draft of a bill which approves of the extension of the application of the GATT between the United States and a major foreign country. (2) Any draft of a bill described in paragraph (1) that is submitted by the President to the Congress shall— (A) be introduced by the majority leader of each House of the Congress (by request) on the first day on which such House is in session after the date such draft is submitted to the Congress; and (B) shall be treated as an implementing bill for purposes of subsections (d), (e), (f), and (g) of section 151 of the Trade Act of 1974. (d) Publication.— The President shall publish in the Federal Register each determination made under subsection (a).

2. 1994

   Pub. L. 103–465 § 621(a)(4)(D) · 108 Stat. 4809

   Inserted · 19 U.S.C. § 2905

   Pub. L. 103–465, § 621(a)(4)(D), inserted “for WTO” after “Trade” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–465, § 621(a)(4)(D), inserted “for WTO” after “Trade” in section catchline.

   Enacted provision · exact public law section
   (D) by inserting after “General Agreement on Tariffs and Trade” in the heading “for the WTO”.

   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 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

3. 1994

   Pub. L. 103–465 § 621(a)(4)(A) · 108 Stat. 4809

   Substituted · 19 U.S.C. § 2905(a)

   Pub. L. 103–465, § 621(a)(4)(A), substituted “the GATT 1947, or to the WTO Agreement,” for “the GATT” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–465, § 621(a)(4)(A), substituted “the GATT 1947, or to the WTO Agreement,” for “the GATT” in introductory provisions.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “the GATT” and inserting “the GATT 1947, or to the WTO Agreement,”;

   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 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

4. 1994

   Pub. L. 103–465 § 621(a)(4)(B) · 108 Stat. 4809

   Inserted · 19 U.S.C. § 2905(b); 19 U.S.C. § 2905(c)

   Pub. L. 103–465, § 621(a)(4)(B), inserted “1947 or the WTO Agreement” after “the GATT” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 103–465, § 621(a)(4)(B), inserted “1947 or the WTO Agreement” after “the GATT” wherever appearing.

   Enacted provision · exact public law section
   (B) in subsections (b) and (c), by inserting after “the GATT’ each place it appears “1947 or the WTO Agreement”;

   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 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

5. 1994

   Pub. L. 103–465 § 621(a)(4)(C) · 108 Stat. 4809

   Added · 19 U.S.C. § 2905(e)

   Pub. L. 103–465, § 621(a)(4)(C), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–465, § 621(a)(4)(C), added subsec. (e).

   Enacted provision · exact public law section
   (C) by adding at the end the following new subsection: “(e) Definitions.— For purposes of this section: “(1) The term ‘GATT 1947’ has the meaning given that term in section 2(1)(A) of the Uruguay Round Agreements Act. “(2) The term ‘WTO Agreement’ means the Agreement Establishing the World Trade Organization entered into on April 15, 1994 and the multilateral trade agreements (as such term is defined in section 2(4) of the Uruguay Round Agreements Act).”; and

   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 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

6. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 20(f)(3) · 110 Stat. 3514

   Substituted · 19 U.S.C. § 2905

   Pub. L. 104–295 substituted “or WTO” for “for WTO” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 104–295 substituted “or WTO” for “for WTO” in section catchline.

   Enacted provision · exact public law section
   (3) The heading for section 1106 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2905) is amended by striking “FOR THE WTO” and inserting “OR THE WTO”.

6 of 6 references resolved to an enrolled provision