Title 19, Customs DutiesRelease 119-110

§2904 Termination and Reservation Authority; Reciprocal Nondiscriminatory Treatment

Title 19 › CHAPTER 17 — NEGOTIATION AND IMPLEMENTATION OF TRADE AGREEMENTS › § 2904

Last updated Sep 22, 2026|Official source

Summary

Treat trade agreements made under the specified trade authority the same as older trade agreements when using rules about ending benefits and keeping nondiscriminatory treatment. Any presidential proclamation or Executive order made under those agreements must also be treated the same as proclamations or Executive orders made under the older authority. By June 1, 1993, the President must decide whether any major industrial country (Canada, the European Communities and its member countries, Japan, or any other country the President names) failed to make concessions that give U.S. businesses substantially equivalent competitive opportunities. If a country has not, the President must recommend Congress pass laws to end or deny the benefits of concessions (including changes in rates of duty or other import restrictions) and to make any law needed to carry out those agreements not apply to that country.

Full Legal Text

Title 19, §2904

Customs Duties, Source: USLM XML via OLRC

(a)In general

For purposes of applying section 2135, 2136(a), and 2137 of this title—

(1)any trade agreement entered into under section 2902 of this title shall be treated as an agreement entered into under section 2111 or 2112, as appropriate, of this title; and

(2)any proclamation or Executive order issued pursuant to a trade agreement entered into under section 2902 of this title shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 2112 of this title.

(b)Reciprocal nondiscriminatory treatment

(1)The President shall determine, before June 1, 1993, whether any major industrial country has failed to make concessions under trade agreements entered into under section 2902(a) and (b) of this title 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 section 2902(a) and (b) of this title, for the commerce of such country in the United States.

(2)If the President determines under paragraph (1) that a major industrial country has not made concessions under trade agreements entered into under section 2902(a) and (b) of this title which provide substantially equivalent competitive opportunities for the commerce of the United States, the President shall, either generally with respect to such country or by article produced by such country, in order to restore equivalence of competitive opportunities, recommend to the Congress—

(A)legislation providing for the termination or denial of the benefits of concessions of trade agreements entered into under section 2902(a) and (b) of this title that have been made with respect to rates of duty or other import restrictions imposed by the United States, and

(B)legislation providing that any law necessary to carry out any trade agreement under section 2902(a) or (b) of this title not apply to such country.

(3)For purposes of this subsection, the term “major industrial country” means Canada, the European Communities, the individual member countries of the European Communities, Japan, and any other foreign country designated by the President for purposes of this subsection.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2904

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110