Title 19, Customs DutiesRelease 119-102

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

Last updated Aug 21, 2026|Official source

Summary

The U.S. Trade Representative must try, with advice from the committee set up under section 1872, to get foreign countries or their agencies to reduce or remove export-performance rules that hurt the U.S. economy. If needed, the Trade Representative may also put duties or other limits on imports from that country or block products or services tied to those rules for as long as needed. Those import limits cannot apply to products or services when a U.S. person made a foreign direct investment (including buying land or facilities) before October 30, 1984, or had a written, binding commitment about such an investment on that date. If international obligations or these actions require payment, the Trade Representative may provide compensation under the limits in section 2133 for actions under section 2253.

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 19, Customs Duties

Last Updated

Aug 21, 2026

Release point: 119-102