§ 2503. — Approval of trade agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2503]
TITLE 19--CUSTOMS DUTIES
CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
Sec. 2503. Approval of trade agreements
(a) Approval of agreements and statements of administrative action
In accordance with the provisions of sections 2112 and 2191 of this
title, the Congress approves the trade agreements described in
subsection (c) of this section submitted to the Congress on June 19,
1979, and the statements of administrative action proposed to implement
such trade agreements submitted to the Congress on that date.
(b) Acceptance of agreements by the President
(1) In general
The President may accept for the United States the final legal
instruments or texts embodying each of the trade agreements approved
by the Congress under subsection (a) of this section. The President
shall submit a copy of each final instrument or text to the Congress
on the date such text or instrument is available, together with a
notification of any changes in the instruments or texts, including
their annexes, if any, as accepted and the texts of such agreements
as submitted to the Congress under subsection (a) of this section.
Such final legal instruments or texts shall be deemed to be the
agreements submitted to and approved by the Congress under
subsection (a) of this section if such changes are--
(A) only rectifications of a formal character or minor
technical or clerical changes which do not affect the substance
or meaning of the texts as submitted to the Congress on June 19,
1979, or
(B) changes in annexes to such agreements, and the President
determines that the balance of United States rights and
obligations under such agreements is maintained.
(2) Application of agreement between the United States and
other countries
No agreement accepted by the President under paragraph (1) shall
apply between the United States and any other country unless the
President determines that such country--
(A) has accepted the obligations of the agreement with
respect to the United States, and
(B) should not otherwise be denied the benefits of the
agreement with respect to the United States because such country
has not accorded adequate benefits, including substantially
equal competitive opportunities for the commerce of the United
States to the extent required under section 2136(c) \1\ of this
title, to the United States.
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\1\ See References in Text note below.
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(3) Limitation on acceptance concerning major industrial
countries
The President may not accept an agreement described in paragraph
(1), (2), (3), (4), (5), (6), (7), (9), (10), or (11) of subsection
(c) of this section, unless he determines that each major industrial
country (as defined in section 2136(d) \1\ of this title) is also
accepting the agreement. Notwithstanding the preceding sentence, the
President may accept such an agreement, if he determines that only
one major industrial country is not accepting that agreement and the
acceptance of that agreement by that country is not essential to the
effective operation of the agreement, and if--
(A) that country is not a major factor in trade in the
products covered by that agreement,
(B) the President has authority to deny the benefits of the
agreement to that country and has taken steps to deny the
benefits of the agreement to that country, or
(C) a significant portion of United States trade would
benefit from the agreement, notwithstanding such nonacceptance,
and the President determines and reports to the Congress that it
is in the national interest of the United States to accept the
agreement.
For purposes of this paragraph, the acceptance of an agreement by
the European Communities on behalf of its member countries shall
also be treated as acceptance of that agreement by each member
country, and acceptance of an agreement by all the member countries
of the European Communities shall also be treated as acceptance of
that agreement by the European Communities.
(c) Trade agreements to which this Act applies
The trade agreements to which subsection (a) of this section applies
are the following:
(1) The Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade (relating to customs
valuation).
(2) The Agreement on Government Procurement.
(3) The Agreement on Import Licensing Procedures.
(4) The Agreement on Technical Barriers to Trade (relating to
product standards).
(5) The Agreement on Interpretation and Application of Articles
VI, XVI, and XXIII of the General Agreement on Tariffs and Trade
(relating to subsidies and countervailing measures).
(6) The Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade (relating to antidumping measures).
(7) The International Dairy Arrangement.
(8) Certain bilateral agreements on cheese, other dairy
products, and meat.
(9) The Arrangement Regarding Bovine Meat.
(10) The Agreement on Trade in Civil Aircraft.
(11) Texts Concerning a Framework for the Conduct of World
Trade.
(12) Certain Bilateral Agreements to Eliminate the Wine-Gallon
Method of Tax and Duty Assessment.
(13) Certain other agreements to be reflected in Schedule XX of
the United States to the General Agreement on Tariffs and Trade,
including Agreements--
(A) to Modify United States Watch Marking Requirements, and
to Modify United States Tariff Nomenclature and Rates of Duty
for Watches,
(B) to Provide Duty-Free Treatment for Agricultural and
Horticultural Machinery, Equipment, Implements, and Parts
Thereof, and
(C) to Modify United States Tariff Nomenclature and Rates of
Duty for Ceramic Tableware.
(14) The Agreement with the Hungarian People's Republic.
(Pub. L. 96-39, Sec. 2, July 26, 1979, 93 Stat. 147.)
References in Text
Section 2136(c) of this title, referred to in subsec. (b)(2)(B), was
repealed, and section 2136(d) of this title, referred to in subsec.
(b)(3), which defined the term ``major industrial country'' was
redesignated section 2136(c), by Pub. L. 105-362, title XIV,
Sec. 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.
This Act, referred to in subsec. (c), is Pub. L. 96-39, July 26,
1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For
complete classification of this Act to the Code, see References in Text
note set out under section 2501 of this title and Tables.
Delegation of Functions
Functions of the President under subsec. (b) of this section
delegated to the United States Trade Representative, see section 1-
103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a
note under section 2171 of this title.
Approval and Implementation of Protocol to the Trade Agreement Relating
to Customs Valuation
Pub. L. 96-490, Sec. 1, Dec. 2, 1980, 94 Stat. 2556, provided that:
``(a) Approval of Protocol.--In accordance with the provisions of
sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191),
the Congress approves--
``(1) the trade agreement entitled `Protocol to the Agreement on
Implementation of Article VII of the General Agreement on Tariffs
and Trade' (hereinafter in this Act [amending section 1401a of this
title and enacting provision set out as a note under section 1401a
of this title] referred to as the `Protocol') submitted to the
Congress on August 1, 1980; and
``(2) the statement of administrative action proposed to
implement such trade agreement submitted to the Congress on that
date.
``(b) Acceptance of Protocol by the President.--
``(1) In general.--Subject to paragraph (2), the President may
accept the Protocol for the United States.
``(2) Limitation on acceptance of protocol.--Paragraph (3) of
section 2(b) of the Trade Agreements Act of 1979 (19 U.S.C.
2503(b)(3)) (relating to the limitation on acceptance of trade
agreements concerning major industrial countries) applies to the
Protocol and for such purpose the Protocol shall be treated as a
trade agreement that is referred to in such paragraph (3).
``(c) Application of Protocol.--Paragraph (2) of section 2(b) of
such Act of 1979 (19 U.S.C. 2503(b)(2)) (relating to the application of
agreements between the United States and other countries) applies to the
Protocol and for such purpose the Protocol shall be treated as a trade
agreement that is accepted by the President under paragraph (1) of such
section 2(b).
``(d) Relationship of Protocol to United States Law.--Subsections
(a), (b), (c), and (f) of section 3 of such Act of 1979 (19 U.S.C.
2504(a), (b), (c), and (f) [19 U.S.C. 2504(a), (b), (c), and (d)])
(relating to the priority of domestic law in case of conflict,
implementing regulations, statutory changes to implement agreement
amendments, and disclaimer regarding the creation of any private right
of action or remedy) apply to the Protocol and for such purpose the
Protocol shall be treated as a trade agreement approved by the Congress
under section 2(a) of such Act of 1979, 19 U.S.C. 2503(a).''
[The Protocol was accepted for the United States on Dec. 30, 1980.]
Determination Regarding Acceptance and Application of Certain
International Trade Agreements
1. Pursuant to section 102 of the Trade Act of 1974 (19 U.S.C.
2112(b)), I, through my duly empowered representative, on April 12,
1979, entered into the international agreements negotiated in the Tokyo
Round of Multilateral Trade Negotiations. These agreements were:
(i) Agreement on Interpretation and Application of Articles VI,
XVI and XXIII of the General Agreement on Tariffs and Trade;
(ii) Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade;
(iii) Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade;
(iv) Agreement on Government Procurement;
(v) Agreement on Technical Barriers to Trade;
(vi) Agreement on Import Licensing Procedures;
(vii) Agreement on Trade in Civil Aircraft;
(viii) International Dairy Arrangement; and
(ix) Arrangement Regarding Bovine Meat.
These agreements are collectively referred to herein as the ``MTN
agreements''.
2. In accordance with sections 102 and 151 of the Trade Act of 1974
(19 U.S.C. 2112 and 2191), the MTN agreements were submitted to Congress
for its approval. Section 2 of the Trade Agreements Act of 1979 (93
Stat. 147) [this section] approves the MTN agreements and authorizes the
President to accept each of the MTN agreements provided that the
President determines that all, or all but one, of the major industrial
countries (as defined in section 126(d) of the Trade Act of 1974 (19
U.S.C. 2136(d)) is also accepting the agreement. If the President
determines that only one major industrial country is not accepting an
agreement, the President may nevertheless accept such an agreement if he
determines that the acceptance of that agreement by that country is not
essential to the effective operation of the agreement, and if:
(A) that country is not a major factor in trade in the products
covered by that agreement;
(B) the President has authority to deny the benefits of the
agreement to that country and has taken steps to deny the benefits
of the agreement to that country; or
(C) a significant portion of United States trade would benefit
from the agreement, notwithstanding such nonacceptance, and the
President determines and reports to the Congress that it is in the
national interest of the United States to accept the agreement.
3. Section 2 of the Trade Agreements Act of 1979 [this section] also
provides that no agreement accepted by the President shall apply between
the United States and any other country unless the President determines
that such country:
(A) has accepted the obligations of the agreement with respect
to the United States, and
(B) should not otherwise be denied the benefits of the agreement
with respect to the United States because such country has not
accorded adequate benefits, including substantially equal
competitive opportunities for the commerce of the United States to
the extent required under section 126(c) of the Trade Act of 1974
(19 U.S.C. 2136(c)), to the United States.
4. Section 701 of the Tariff Act of 1930, as amended effective
January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671], provides that the
President must determine that certain conditions must be met before a
country can be considered a ``country under the Agreement'' and,
therefore, entitled to the injury determination provided for in section
703(a) and 705(b) of the Tariff Act of 1930 (93 Stat. 152 and 159) [19
U.S.C. 1671b(a) and 1671d(b)].
5. Section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267)
authorizes the President to proclaim certain modifications in the Tariff
Schedules of the United States if the President determines that the
conditions under section 2(b) of the Trade Agreements Act of 1979 (93
Stat. 147) [subsec. (b) of this section] on acceptance of the Agreement
on Trade in Civil Aircraft have been fulfilled.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of
America, acting under and by virtue of the authority vested in me as
President, and in conformity with the provisions of sections 2 [this
section] and 601(a) of the Trade Agreements Act of 1979 (93 Stat. 147
and 267), herein referred to as ``the Act'', section 701 of the Tariff
Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19
U.S.C. 1671], and section 301 of title 3 of the United States Code do
hereby
1. Determine that:
a. With respect to the Agreement on Interpretation and Application
of Articles VI, XVI and XXIII of the General Agreement on Tariffs and
Trade, the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade, the Agreement on Technical Barriers to
Trade, the Agreement on Import Licensing Procedures, and the Agreement
on Trade in Civil Aircraft,
(i) in accordance with section 2(b)(1) and (3) of the Act (93
Stat. 147) [subsec. (b)(1) and (3) of this section], each major
industrial country (as defined in section 126(d) of the Trade Act of
1974 (19 U.S.C. 2136(d)) is also accepting the agreement with the
exception of Japan;
(ii) in accordance with section 2(b)(3) of the Act (93 Stat.
147) [subsec. (b)(3) of this section], the acceptance of these
agreements by Japan is not essential to the effective operation of
the agreements for that period of time during which Japan is
completing its Constitutional procedures to accept the agreements
and in light of the stated intention of the Government of Japan to
act in the interim in line with the agreements within its existing
powers; and
(iii) in accordance with section 2(b)(3)(C) of the Act (93 Stat.
148) [subsec. (b)(3)(C) of this section], a significant portion of
United States trade will benefit from these agreements,
notwithstanding the anticipated short delay in acceptance by Japan,
and it is in the national interest of the United States to accept
these agreements.
b. The conditions in section 701(b)(3)(A), (B) and (C) of the Tariff
Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19
U.S.C. 1671(b)(3)(A), (B) and (C)] will have been met with respect to
Venezuela, Honduras, Nepal, North Yemen, El Salvador, Paraguay and
Liberia.
c. With respect to the International Dairy Arrangement,
(i) in accordance with section 2(b)(1) and (3) of the Act (93
Stat. 147) [subsec. (b)(1) and (3) of this section], each major
industrial country (as defined in section 126(d)) [19 U.S.C.
2136(d)] is also accepting the agreement with the exception of
Canada;
(ii) in accordance with section 2(b)(3) of the Act (93 Stat.
147) [subsec. (b)(3) of this section], the acceptance of this
agreement by Canada is not essential to the effective operation of
the agreement; and
(iii) in accordance with section 2(b)(3)(A) of the Act [subsec.
(b)(3)(A) of this section], Canada is not a major factor in trade in
the products covered by the agreement.
d. With respect to the Arrangement Regarding Bovine Meat, in
accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147)
[subsec. (b)(1) and (3) of this section], each major industrial country
(as defined in section 126(d) of the Trade Act of 1974 (19 U.S.C.
2136(d) is also accepting the agreement.
e. In accordance with section 601(a) of the Trade Agreements Act of
1979 (93 Stat. 267),
(i) the conditions under section 2(b) of that Act (93 Stat. 147)
[subsec. (b) of this section] on acceptance of the Agreement on
Trade in Civil Aircraft have been fulfilled;
(ii) the modifications provided for in section A of Annex II to
Proclamation No. 4707 of December 11, 1979 [see note set out under
section 2111 of this title], which were authorized by section 601(a)
of the Trade Agreements Act of 1979 (93 Stat. 267), shall be
effective with respect to articles entered, or withdrawn from
warehouse, for consumption on and after January 1, 1980; and
(iii) the amendment to section 466 of the Tariff Act of 1930 (19
U.S.C. 1466) provided for in section 601(a)(3) of the Trade
Agreements Act of 1979 (93 Stat. 268) shall be effective with
respect to entries made under section 466 on and after January 1,
1980.
2. Authorize the United States Special Representative for Trade
Negotiations [now United States Trade Representative], or his designee,
on behalf of the United States of America,
(a) to sign and accept the Agreement on Interpretation and
Application of Articles VI, XVI, and XXIII of the General Agreement on
Tariffs and Trade, the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade, the Agreement on Technical
Barriers to Trade, the Agreement on Import Licensing Procedures, the
Agreement on Trade in Civil Aircraft, the International Dairy
Arrangement and the Arrangement Regarding Bovine Meat;
(b) to sign the Agreement on Government Procurement subject to
satisfactory completion of negotiations on entity coverage under the
Agreement; and
(c) to sign the Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade subject to acceptance.
3. [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.]
Jimmy Carter.
Change of Name
United States Special Representative for Trade Negotiations
redesignated the United States Trade Representative by Reorg. Plan No. 3
of 1979, Sec. 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980,
as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
Determination Regarding Multilateral Trade Negotiations
Memorandum of the President of the United States, dated Dec. 14,
1979, provided:
I have signed the enclosed document concerning certain international
trade agreements pursuant to the authority vested in me under the
Constitution and laws of the United States, including the Trade
Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144) and section 301
of title 3 of the United States Code.
On my behalf, please transmit copies of this document to the Speaker
of the House of Representatives and the President of the Senate.
This document shall be published in the Federal Register.
Jimmy Carter.
Section Referred to in Other Sections
This section is referred to in sections 2504, 2513, 3555 of this
title.
