§2543 — Title 19 Customs Duties | U.S. Code

Summary

The Secretary must tell and work with the U.S. Trade Representative about international standards work that could affect U.S. trade. The Secretary must stay aware of those activities and do the steps described below. A "organization member" is the private person who holds membership. A "private international standards organization" is a standards body where a private person represents U.S. interests. Normally, the private member represents U.S. interests at those bodies. If the Secretary thinks that person will not represent U.S. interests well, the Secretary will investigate, tell that person, and may get advice from others. The member then has 90 days to show they can and will represent the United States; if they do, the Secretary takes no further action. When Federal agencies represent the United States at a standards organization, the Secretary must push those agencies to work together on a single technical position, ask them to consult affected U.S. parties, and must not take over an agency’s duties unless that agency asks.

Title 19, §2543

Customs Duties — Source: USLM XML via OLRC

(a)The Secretary concerned shall—

(1)inform, and consult and coordinate with, the Trade Representative with respect to international standards-related activities identified under paragraph (2);

(2)keep adequately informed regarding international standards-related activities and identify those that may substantially affect the commerce of the United States; and

(3)carry out such functions as are required under subsections (b) and (c).

(b)(1)For purposes of this subsection—

(A)The term “organization member” means the private person who holds membership in a private international standards organization.

(B)The term “private international standards organization” means any international standards organization before which the interests of the United States are represented by a private person who is officially recognized by that organization for such purpose.

(2)Except as otherwise provided for in this subsection, the representation of United States interests before any private international standards organization shall be carried out by the organization member.

(3)If the Secretary concerned, after inquiry instituted on his own motion or at the request of any private person, Federal agency, or State agency having an interest therein, has reason to believe that the participation by the organization member in the proceedings of a private international standards organization will not result in the adequate representation of United States interests that are, or may be, affected by the activities of such organization (particularly with regard to the potential impact of any such activity on the international trade of the United States), the Secretary concerned shall immediately notify the organization member concerned. During any such inquiry, the Secretary concerned may solicit and consider the advice of the appropriate representatives referred to in section 2547 of this title.

(4)If within the 90-day period after the date on which notification is received under paragraph (3) (or such shorter period as the Secretary concerned determines to be necessary in extraordinary circumstances), the organization member demonstrates to the Secretary concerned its willingness and ability to represent adequately United States interests before the private international standards organization, the Secretary concerned shall take no further action under this subsection.

(5)If—

(A)within the appropriate period referred to in paragraph (4), the organization member does not respond to the Secretary concerned with respect to the notification, or does respond but does not demonstrate to the Secretary concerned the requisite willingness and ability to represent adequately United States interests; or

(B)there is no organization member of the private international standards organization;

(c)With respect to any international standards organization before which the interests of the United States are represented by one or more Federal agencies that are officially recognized by that organization for such purpose, the Secretary concerned shall—

(1)encourage cooperation among interested Federal agencies with a view toward facilitating the development of a uniform position with respect to the technical activities with which the organization is concerned;

(2)encourage such Federal agencies to seek information from, and to cooperate with, the affected domestic interests when undertaking such representation; and

(3)not preempt the responsibilities of any Federal agency that has jurisdiction with respect to the activities undertaken by such organization, unless requested to do so by such agency.

Editorial Notes

Amendments

1996—Subsec. (a)(1). Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1993—Subsec. (a)(1). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.

§2543 Representation of United States interests before international standards organizations

Summary

Title 19, §2543

Notes & Related Subsidiaries

Editorial Notes

Amendments

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