Whenever-
increases or imposes any duty or other import restriction, the President-
Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.
Notwithstanding the provisions of subsection (a), the authority delegated under section 2902 of this title shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.
The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.
19 U.S.C. § 2133
EDITORIAL NOTES
AMENDMENTS2000-Subsec. (a)(1). Pub. L. 106-286 inserted ", or under part 2 of subchapter IV of this chapter" after "subchapter III of this chapter".1988-Subsec. (a). Pub. L. 100-418, §1104(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Whenever any action has been taken under section 2253 of this title to increase or impose any duty or other import restriction, the President-"(1) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and"(2) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement."Subsec. (b)(2). Pub. L. 100-418, §1104(2), substituted "section 2902(a)" for "section 2119" and "such section 2902(a)" for "section 2111" in two places.Subsec. (b)(4). Pub. L. 100-418, §1401(b)(1)(A), substituted "action under sections 2253(e) and 2254 of this title" for "import relief under section 2253(h) of this title".Subsec. (d). Pub. L. 100-418, §1104(3), substituted "section 2902" for "section 2111".Subsec. (e). Pub. L. 100-418, §1104(4), added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1988 AMENDMENTAmendment by section 1401(b)(1)(A) of Pub. L. 100-418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§2251 et seq.) of subchapter III of this chapter on or after that date, see section 1401(c) of Pub. L. 100-418 set out as a note under section 2251 of this title.
- ad valorem
- The term "ad valorem" includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.
- duty
- The term "duty" includes the rate and form of any import duty, including but not limited to tariff-rate quotas.
- existing
- The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).
- other import restriction
- The term "other import restriction" includes a limitation, prohibition, charge, or exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.