Title 19, Customs DutiesRelease 119-110

§2435 Commercial Agreements

Title 19 › CHAPTER 12 — TRADE ACT OF 1974 › SUBCHAPTER IV — TRADE RELATIONS WITH COUNTRIES NOT RECEIVING NONDISCRIMINATORY TREATMENT › Part 1 — Trade Relations With Certain Countries › § 2435

Last updated Sep 22, 2026|Official source

Summary

The President may allow two-country trade deals that give the same treatment to products from countries that used to be denied it, if he finds those deals help the goals of this law and are in the national interest. Each deal must start for no more than 3 years, though it can be renewed in periods no longer than 3 years if the parties keep a fair balance of trade concessions and the President finds that any cuts in U.S. tariffs or other barriers from multilateral talks are properly matched by the other country. The agreement must let the United States suspend or end it for national security reasons, include quick consultations and possible import limits to stop market harm, handle disputes, and provide commercial arrangements that promote trade. If the other country is not a member of the Paris Convention, the deal must give U.S. citizens patent and trademark rights at least as strong as that convention; if not a party to the Universal Copyright Convention, it must give equivalent copyright rights. Agreements made or renewed after January 3, 1975 must also protect industrial rights and help trade promotion and travel for commercial representatives. Such an agreement and any Presidential proclamation putting it into effect only start to apply if a joint resolution described in section 2191(b)(3) that approves the agreement is passed into law.

Full Legal Text

Title 19, §2435

Customs Duties, Source: USLM XML via OLRC

(a)Presidential authority
Subject to the provisions of subsections (b) and (c) of this section, the President may authorize the entry into force of bilateral commercial agreements providing nondiscriminatory treatment to the products of countries heretofore denied such treatment whenever he determines that such agreements with such countries will promote the purposes of this chapter and are in the national interest.
(b)Terms of agreements
Any such bilateral commercial agreement shall—
(1)be limited to an initial period specified in the agreement which shall be no more than 3 years from the date the agreement enters into force; except that it may be renewable for additional periods, each not to exceed 3 years; if—
(A)a satisfactory balance of concessions in trade and services has been maintained during the life of such agreement, and
(B)the President determines that actual or foreseeable reductions in United States tariffs and nontariff barriers to trade resulting from multilateral negotiations are satisfactorily reciprocated by the other party to the bilateral agreement;
(2)provide that it is subject to suspension or termination at any time for national security reasons, or that the other provisions of such agreement shall not limit the rights of any party to take any action for the protection of its security interests;
(3)include safeguard arrangements (A) providing for prompt consultations whenever either actual or prospective imports cause or threaten to cause, or significantly contribute to, market disruption and (B) authorizing the imposition of such import restrictions as may be appropriate to prevent such market disruption;
(4)if the other party to the bilateral agreement is not a party to the Paris Convention for the Protection of Industrial Property, provide rights for United States nationals with respect to patents and trademarks in such country not less than the rights specified in such convention;
(5)if the other party to the bilateral agreement is not a party to the Universal Copyright Convention, provide rights for United States nationals with respect to copyrights in such country not less than the rights specified in such convention;
(6)in the case of an agreement entered into or renewed after January 3, 1975, provide arrangements for the protection of industrial rights and processes;
(7)provide arrangements for the settlement of commercial differences and disputes;
(8)in the case of an agreement entered into or renewed after January 3, 1975, provide arrangements for the promotion of trade, which may include arrangements for the establishment or expansion of trade and tourist promotion offices, for facilitation of activities of governmental commercial officers, participation in trade fairs and exhibits, and the sending of trade missions, and for facilitation of entry, establishment, and travel of commercial representatives;
(9)provide for consultations for the purpose of reviewing the operation of the agreement and relevant aspects of relations between the United States and the other party; and
(10)provide such other arrangements of a commercial nature as will promote the purposes of this chapter.
(c)Congressional action
An agreement referred to in subsection (a), and a proclamation referred to in section 2434(a) of this title implementing such agreement, shall take effect only if a joint resolution described in section 2191(b)(3) of this title that approves of the agreement referred to in subsection (a) is enacted into law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(10), 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

1990—Subsec. (c). Pub. L. 101–382 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “An agreement referred to in subsection (a) of this section, and a proclamation referred to in section 2434(a) of this title implementing such agreement, shall take effect only if (1) approved by the Congress by the adoption of a concurrent resolution referred to in section 2191 of this title, or (2) in the case of an agreement entered into before January 3, 1975, and a proclamation implementing such agreement, a resolution of disapproval referred to in section 2192 of this title is not adopted during the 90-day period specified by section 2437(c)(2) of this title.” 1979—Subsec. (b)(8). Pub. L. 96–39 substituted “may include arrangements” for “may include those”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–39 effective July 26, 1979, see section 1114 of Pub. L. 96–39, set out as an

Effective Date

note under section 2581 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2435

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110