PRIA, Government Policy, Made Personal

Summary

The President can make trade deals to give other countries offsetting benefits when U.S. actions raise import duties or add import limits, including tariff reclassifications that became final after August 23, 1988. He can also change or keep existing duties, duty-free status, or excise treatment as needed to carry out those deals. Before making a deal, the President must consider whether the other country broke past trade promises and whether that harm was already fixed. Duty cuts are limited. No rate can be lowered below 70 percent of the current rate. For staged rates under section 2902(a), each stage may be cut by no more than 30 percent and the final stage must be at least 70 percent of its final rate. The President may slightly exceed these limits to make duty math simpler, but only by the smaller of the gap to the next lower whole number or one-half of 1 percent of the value. Any offsetting benefits must be reduced or ended on a schedule like that for the related U.S. action under sections 2253(e) and 2254, and section 2902’s authority can be used for this until it ends. For actions under subchapter III, the President must find such deals necessary to meet U.S. international obligations before using this authority.

Title 19, §2133

Customs Duties, Source: USLM XML via OLRC

(a)New concessions

Whenever—

(1)any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or

(2)any judicial or administrative tariff reclassification that becomes final after August 23, 1988;

increases or imposes any duty or other import restriction, the President—

(A)may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and

(B)may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.

(b)Reductions in rates of duty

(1)No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.

(2)Where the rate of duty in effect at any time is an intermediate stage under section 2902(a) of this title, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such section 2902(a) of this title by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such section 2902(a) of this title.

(3)If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—

(A)the difference between such limitation and the next lower whole number, or

(B)one-half of 1 percent ad valorem.

(4)Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant action under section 2253(e) and 2254 of this title.

(c)Consideration of past violations of trade concessions

Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.

(d)Basic authority for trade agreements as authority for granting new concessions as compensation

Notwithstanding the provisions of subsection (a), the authority delegated under section 2902 of this title shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.

(e)International obligations determination prerequisite to application of authority

The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (a)(1). Pub. L. 106–286 inserted “, or under part 2 of subchapter IV of this chapter” after “subchapter III of this chapter”. 1988—Subsec. (a). Pub. L. 100–418, § 1104(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whenever any action has been taken under section 2253 of this title to increase or impose any duty or other import restriction, the President— “(1) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and “(2) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.” Subsec. (b)(2). Pub. L. 100–418, § 1104(2), substituted “section 2902(a)” for “section 2119” and “such section 2902(a)” for “section 2111” in two places. Subsec. (b)(4). Pub. L. 100–418, § 1401(b)(1)(A), substituted “action under section 2253(e) and 2254 of this title” for “import relief under section 2253(h) of this title”. Subsec. (d). Pub. L. 100–418, § 1104(3), substituted “section 2902” for “section 2111”. Subsec. (e). Pub. L. 100–418, § 1104(4), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by section 1401(b)(1)(A) of Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of subchapter III of this chapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

§2133 Compensation Authority