Title 15, Commerce and TradeRelease 119-102

§73 Agreements Involving Restrictions in Favor of Imported Goods

Title 15 › CHAPTER 2 — FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION › SUBCHAPTER VI — PREVENTION OF UNFAIR METHODS OF COMPETITION › § 73

Last updated Aug 21, 2026|Official source

Summary

If goods are brought into the United States under a deal that stops the importer or anyone here from using, buying, or selling competing products, an extra duty must be paid. That extra duty is equal to twice the regular import duty and is charged on top of the normal duty. A foreign producer may appoint an exclusive U.S. sales agent, and that agent may agree not to sell rivals’ goods. But if the agent is required by the foreign producer, or agrees with the producer to impose those same limits on U.S. buyers, the extra duty still applies to the imported goods.

Full Legal Text

Title 15, §73

Commerce and Trade, Source: USLM XML via OLRC

If any article produced in a foreign country is imported into the United States under any agreement, understanding, or condition that the importer thereof or any other person in the United States shall not use, purchase, or deal in, or shall be restricted in his using, purchasing, or dealing in, the articles of any other person, there shall be levied, collected, and paid thereon, in addition to the duty otherwise imposed by law, a special duty equal to double the amount of such duty: Provided, That the above shall not be interpreted to prevent the establishing in this country on the part of a foreign producer of an exclusive agency for the sale in the United States of the products of said foreign producer or merchant, nor to prevent such exclusive agent from agreeing not to use, purchase, or deal in the article of any other person, but this proviso shall not be construed to exempt from the provisions of this section any article imported by such exclusive agent if such agent is required by the foreign producer or if it is agreed between such agent and such foreign producer that any agreement, understanding or condition set out in this section shall be imposed by such agent upon the sale or other disposition of such article to any person in the United States.

Reference

Citations & Metadata

Citation

15 U.S.C. § 73

Title 15, Commerce and Trade

Last Updated

Aug 21, 2026

Release point: 119-102