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Title 19 — Customs DutiesRelease 119-73not60

§2136 Reciprocal Nondiscriminatory Treatment

Title 19 › Chapter 12— TRADE ACT OF 1974 › Subchapter I— NEGOTIATING AND OTHER AUTHORITY › Part 2— Other Authority › § 2136

Last updated Apr 5, 2026|Official source

Summary

Any duty, import limit, or duty-free rule made under these trade agreements must apply to products from all foreign countries, directly or indirectly, unless another law says otherwise. The President must decide, after talks end or by the five-year mark beginning January 3, 1975 (whichever is earlier), whether a major industrial country failed to make concessions that give U.S. commerce equal competitive opportunities. Major industrial country means Canada, the European Economic Community and its members, Japan, or any country the President names.

Full Legal Text

Title 19, §2136

Customs Duties — Source: USLM XML via OLRC

(a)Except as otherwise provided in this chapter or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.
(b)The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this chapter which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this chapter, for the commerce of such country in the United States.
(c)For purposes of this section, “major industrial country” means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

References in Text

note set out under section 2101 of this title and Tables.

Amendments

1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2136

Title 19 — Customs Duties

Last Updated

Apr 5, 2026

Release point: 119-73not60