2002 U.S. Code
Title 19 - CUSTOMS DUTIES
CHAPTER 12 - TRADE ACT OF 1974
SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
Part 2 - Other Authority
Sec. 2136 - Reciprocal nondiscriminatory treatment

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§2136. Reciprocal nondiscriminatory treatment (a) Direct and indirect imports

Except as otherwise provided in this chapter or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.

(b) Presidential determination of whether major industrial countries have made substantially equivalent concessions to the United States

The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this chapter 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 this chapter, for the commerce of such country in the United States.

(c) Major industrial countries

For purposes of this section, “major industrial country” means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.

(Pub. L. 93–618, title I, §126, Jan. 3, 1975, 88 Stat. 1992; Pub. L. 105–362, title XIV, §1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.)

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended, 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

1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.

Transactions Involving Libya

This section to have no effect with respect to Libya in view of prohibition of import into United States of any goods or services of Libyan origin other than publications and materials imported for news publications or broadcast dissemination, see Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, set out under section 1701 of Title 50, War and National Defense.

Section Referred to in Other Sections

This section is referred to in sections 2254, 2503, 2518, 2904, 3810 of this title.