Title 19Customs DutiesRelease 119-73

§4206 Treatment of certain trade agreements for which negotiations have already begun

Title 19 › Chapter CHAPTER 27— - BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND ACCOUNTABILITY › § 4206

Last updated Apr 6, 2026|Official source

Summary

Lets the President handle some trade talks without the usual rule that requires notice before negotiations start. That change applies to certain deals — like ones under the World Trade Organization, deals with the Trans‑Pacific Partnership countries if notices were filed by June 29, 2015, agreements with the European Union, and certain services or environmental‑goods deals with WTO members where notices were filed by June 29, 2015. For those talks, Congress can’t block implementing bills just because the pre‑negotiation notice rule wasn’t followed. The President must, as soon as possible after June 29, 2015, tell Congress about the talks, explain U.S. goals and whether a new deal or changes are sought, and consult the specified congressional committees and the House and Senate advisory groups before and after that notice. The President may also use proclamation power to put into effect an APEC agreement to cut duties on environmental goods listed in Annex C of the APEC Leaders Declaration of September 9, 2012, but only if the President notifies Congress as soon as possible after December 18, 2015 (and in a separate provision after February 24, 2016) and before issuing the proclamation.

Full Legal Text

Title 19, §4206

Customs Duties — Source: USLM XML via OLRC

(a)Notwithstanding the prenegotiation notification and consultation requirement described in section 4204(a) of this title, if an agreement to which section 4202(b) of this title applies—
(1)is entered into under the auspices of the World Trade Organization,
(2)is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015,
(3)is entered into with the European Union,
(4)is an agreement with respect to international trade in services entered into with WTO members with respect to which a notification has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015, or
(5)is an agreement with respect to environmental goods entered into with WTO members with respect to which a notification has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015,
(b)In the case of any agreement to which subsection (a) applies, the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 4204(a) of this title (relating only to notice prior to initiating negotiations), and any resolution under paragraph (1)(B), (3)(C), or (4)(C) of section 4205(b) of this title shall not be in order on the basis of a failure or refusal to comply with the provisions of section 4204(a) of this title, if (and only if) the President, as soon as feasible after June 29, 2015—
(1)notifies Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
(2)before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 4204(a)(1)(B) of this title and the House and Senate Advisory Groups on Negotiations convened under section 4203(c) of this title.
(c)Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation authority provided for in section 4202(a)(1)(B) of this title to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain environmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after December 18, 2015, and before exercising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.
(c)Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation authority provided for in section 4202(a)(1)(B) of this title to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain environmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after February 24, 2016, and before exercising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (c). Pub. L. 114–125 added subsec. (c) relating to proclamation authority and requiring notification to Congress after Feb. 24, 2016. 2015—Subsec. (c). Pub. L. 114–113 added subsec. (c) relating to proclamation authority and requiring notification to Congress after Dec. 18, 2015.

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4206

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73