§2532 — Title 19 Customs Duties | U.S. Code

Summary

Federal agencies must not make rules or take actions that unfairly block U.S. businesses from trading with other countries. When a product is imported, agencies must treat it as well as similar U.S. or other imported products when handling tests. That means equal chances to get tested, the same way tests are run, the same fees, access to test results, fair choices about where and how samples are taken, and fair handling of confidential information. Agencies should use international standards when making rules if it makes sense, unless there are reasons not to, such as national security, stopping fraud, protecting people, animals, plants, or the environment, special climate or location issues, or major technical problems. Where suitable, agencies should focus on how well a product must work instead of how it is built. Foreign suppliers must have the same access to conformity checks and any approval marks as other suppliers.

Title 19, §2532

Customs Duties — Source: USLM XML via OLRC

No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements:

(1)Each Federal agency shall ensure, in applying standards-related activities with respect to any imported product, that such product is treated no less favorably than are like domestic or imported products, including, but not limited to, when applying tests or test methods, no less favorable treatment with respect to—

(A)the acceptance of the product for testing in comparable situations;

(B)the administration of the tests in comparable situations;

(C)the fees charged for tests;

(D)the release of test results to the exporter, importer, or agents;

(E)the siting of testing facilities and the selection of samples for testing; and

(F)the treatment of confidential information pertaining to the product.

(2)(A)Except as provided in subparagraph (B)(ii), each Federal agency, in developing standards, shall take into consideration international standards and shall, if appropriate, base the standards on international standards.

(B)For purposes of this paragraph, the following apply:

(i)The reasons for which the basing of a standard on an international standard may not be appropriate include, but are not limited to, the following:

(I)National security requirements.

(II)The prevention of deceptive practices.

(III)The protection of human health or safety, animal or plant life or health, or the environment.

(IV)Fundamental climatic or other geographical factors.

(V)Fundamental technological problems.

(ii)In developing standards, a Federal agency may, but is not required to, take into consideration any international standard promulgated by an international standards organization the membership of which is described in section 2571(6)(A)(ii) 11 See References in Text note below. of this title.

(3)Each Federal agency shall, if appropriate, develop standards based on performance criteria, such as those relating to the intended use of a product and the level of performance that the product must achieve under defined conditions, rather than on design criteria, such as those relating to the physical form of the product or the types of material of which the product is made.

(4)Each Federal agency shall, with respect to any conformity assessment procedure used by it, permit access for obtaining an assessment of conformity and the mark of the system, if any, to foreign suppliers of a product on the same basis as access is permitted to suppliers of like products, whether of domestic or other foreign origin.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2571(6)(A) of this title, referred to in par. (2)(B)(ii), was amended generally by Pub. L. 103–465, title III, § 351(e)(4), Dec. 8, 1994, 108 Stat. 4956, and, as so amended, no longer contains clauses.

Amendments

1996—Par. (4). Pub. L. 104–295 inserted comma after “system, if any”. 1994—Par. (4). Pub. L. 103–465 substituted “Access” for “Certification access” in heading, and, in text, substituted “conformity assessment procedure” for “certification system” and “an assessment of conformity and the mark of the system, if any” for “certification under that system”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

§2532 Federal Standards-related Activities