Title 19Customs DutiesRelease 119-73

§2114d Foreign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable

Title 19 › Chapter CHAPTER 12— - TRADE ACT OF 1974 › Subchapter SUBCHAPTER I— - NEGOTIATING AND OTHER AUTHORITY › Part Part 1— - Rates of Duty and Other Trade Barriers › § 2114d

Last updated Apr 6, 2026|Official source

Summary

When the U.S. Trade Representative, with advice from the required advisory committee, finds that a foreign government or its agencies force exporters to meet conditions that hurt U.S. economic interests, the Representative must try to get those foreign rules reduced or removed by talking and negotiating. The Representative may also place duties or other import limits on that country’s goods or services, or block them from entering the United States, for as long as needed. Those limits do not apply to investments (including buying land or facilities) made by any U.S. person before October 30, 1984, or to written investment promises that were binding on that date. If international rules or the U.S. actions make paying compensation necessary or appropriate, the Representative may provide compensation under limits set by other law.

Full Legal Text

Title 19, §2114d

Customs Duties — Source: USLM XML via OLRC

(1)If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned.
(2)In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements.
(3)Nothing in paragraph (2) shall apply to any products or services with respect to which—
(A)any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984, or
(B)any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or indirectly by any United States person.
(4)Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 2133 of this title for providing compensation for actions taken under section 2253 of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (b) of section 307 of Pub. L. 98–573. Subsec. (a) of such section amended section 2112(g)(3) of this title.

Amendments

1986—Par. (3). Pub. L. 99–514 struck out “or paragraph (3)” after “paragraph (2)”.

Statutory Notes and Related Subsidiaries

Plan

Amendments

Not Required Until January 1, 1989For provisions directing that if any

Amendments

made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2114d

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73