Title 19, Customs DutiesRelease 119-110

§2804 Actions to Reduce or Eliminate Tariff and Nontariff Barriers Affecting United States Wine

Title 19 › CHAPTER 16 — WINE TRADE › § 2804

Last updated Sep 23, 2026|Official source

Summary

Order the U.S. Trade Representative to meet with each major wine-importing country to try to cut or remove tariffs and other rules that block or distort trade in U.S. wine. The President must also send a separate written report for each major wine trading country to the listed Congressional committees about what was done since the report under section 854(a) of the Trade Agreements Act of 1979 and during the 12‑month period beginning October 30, 1984. Each report, prepared by the Trade Representative through the interagency trade group under section 1872(a), must be filed within 30 days after that 12‑month period and must describe the barriers (updating the earlier report), say whether they are covered by any international agreements the United States is party to, list actions taken or proposed (including under the Trade Act of 1974 and negotiations), explain if no action was taken, and recommend any new laws or steps Congress should take. If the President, after advice and information, finds a country’s measure is a tariff or nontariff barrier that either violates a trade agreement or is unfair and harms U.S. commerce, the President must use the powers in the Trade Act of 1974 to enforce U.S. rights or try to get the measure removed.

Full Legal Text

Title 19, §2804

Customs Duties, Source: USLM XML via OLRC

(a)Consultations with major wine trading countries
The President shall direct the Trade Representative to enter into consultations with each major wine trading country to seek a reduction or elimination of that country’s tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine.
(b)Reports to Congress on actions taken to expand export opportunities
(1)the President shall notify each of the Committees regarding the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979 [19 U.S.C. 2135 note], and during the 12-month period beginning on October 30, 1984, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include—
(A)a description of each act, policy, and practice (and of its legal basis and operation) in that country that constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine (and that description shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979);
(B)an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party;
(C)information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, policy, or practice, including, but not limited to—
(i)any action under the Trade Act of 1974 [19 U.S.C. 2101 et seq.], and
(ii)any negotiation or consultation with any foreign government;
(D)if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; and
(E)recommendations to the Congress of any additional legislative authority or other action which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine.
(2)The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by section 1872(a) of this title.
(c)Enforcement of rights
If the President, after taking into account information and advice received under subsections (a) and (b), section 2805 of this title or from other sources, determines that action is appropriate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and— (1)
(2)is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce;
the President, shall take all appropriate and feasible action under the Trade Act of 1974 [19 U.S.C. 2101 et seq.] to enforce the rights of the United States under any such trade agreement or to obtain the elimination of such act, policy, or practice.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 854(a) of the Trade Agreements Act of 1979, referred to in subsec. (b)(1), is section 854(a) of Pub. L. 96–39, title VIII, July 26, 1979, 93 Stat. 294, which is set out as a note under section 2135 of this title. The Trade Act of 1974, referred to in subsecs. (b)(1)(C)(i) and (c), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see

References in Text

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

Statutory Notes and Related Subsidiaries

Reports on Negotiations To Eliminate Wine Trade Barriers Pub. L. 100–418, title I, § 1125, Aug. 23, 1988, 102 Stat. 1147, provided that before the close of the 13-month period beginning on Aug. 23, 1988, the President was to update each report submitted to Congress under this section and submit the updated report to Congress, with specified information included. [Functions of the President under section 1125 of Pub. L. 100–418 delegated to the United States Trade Representative, see section 1–201 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of this title.]

Reference

Citations & Metadata

Citation

19 U.S.C. § 2804

Title 19, Customs Duties

Last Updated

Sep 23, 2026

Release point: 119-110