§2543 — Title 19 Customs Duties | U.S. Code

Summary

The Secretary in charge must tell, consult, and coordinate with the U.S. Trade Representative about international standards work. The Secretary must stay informed about those activities, point out ones that could strongly affect U.S. commerce, and follow the rules below for how U.S. interests are represented. When a private person officially represents the United States at an international standards group, that person normally speaks for the U.S. If the Secretary has reason to think that person will not represent U.S. interests well—especially for trade—the Secretary will investigate, notify the person, and may get advice from others. The person has 90 days to show they are willing and able to represent U.S. interests; if they do, no further action is taken. If the person does not respond or cannot show they can represent the U.S., or if there is no such private representative, the law moves to other steps. When Federal agencies represent the U.S., the Secretary must encourage them to work together on a single position, to consult affected U.S. interests, and not to take over an agency’s duties unless that agency asks.

Title 19, §2543

Customs Duties — Source: USLM XML via OLRC

(a)The Secretary concerned shall—

(1)inform, and consult and coordinate with, the Trade Representative with respect to international standards-related activities identified under paragraph (2);

(2)keep adequately informed regarding international standards-related activities and identify those that may substantially affect the commerce of the United States; and

(3)carry out such functions as are required under subsections (b) and (c).

(b)(1)For purposes of this subsection—

(A)The term “organization member” means the private person who holds membership in a private international standards organization.

(B)The term “private international standards organization” means any international standards organization before which the interests of the United States are represented by a private person who is officially recognized by that organization for such purpose.

(2)Except as otherwise provided for in this subsection, the representation of United States interests before any private international standards organization shall be carried out by the organization member.

(3)If the Secretary concerned, after inquiry instituted on his own motion or at the request of any private person, Federal agency, or State agency having an interest therein, has reason to believe that the participation by the organization member in the proceedings of a private international standards organization will not result in the adequate representation of United States interests that are, or may be, affected by the activities of such organization (particularly with regard to the potential impact of any such activity on the international trade of the United States), the Secretary concerned shall immediately notify the organization member concerned. During any such inquiry, the Secretary concerned may solicit and consider the advice of the appropriate representatives referred to in section 2547 of this title.

(4)If within the 90-day period after the date on which notification is received under paragraph (3) (or such shorter period as the Secretary concerned determines to be necessary in extraordinary circumstances), the organization member demonstrates to the Secretary concerned its willingness and ability to represent adequately United States interests before the private international standards organization, the Secretary concerned shall take no further action under this subsection.

(5)If—

(A)within the appropriate period referred to in paragraph (4), the organization member does not respond to the Secretary concerned with respect to the notification, or does respond but does not demonstrate to the Secretary concerned the requisite willingness and ability to represent adequately United States interests; or

(B)there is no organization member of the private international standards organization;

(c)With respect to any international standards organization before which the interests of the United States are represented by one or more Federal agencies that are officially recognized by that organization for such purpose, the Secretary concerned shall—

(1)encourage cooperation among interested Federal agencies with a view toward facilitating the development of a uniform position with respect to the technical activities with which the organization is concerned;

(2)encourage such Federal agencies to seek information from, and to cooperate with, the affected domestic interests when undertaking such representation; and

(3)not preempt the responsibilities of any Federal agency that has jurisdiction with respect to the activities undertaken by such organization, unless requested to do so by such agency.

Editorial Notes

Amendments

1996—Subsec. (a)(1). Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1993—Subsec. (a)(1). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.

§2543 Representation of United States Interests Before International Standards Organizations

Summary

Title 19, §2543

Notes & Related Subsidiaries

Editorial Notes

Amendments

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