Findings of reciprocity required in administrative proceedings

19 U.S.C. § 2561

• Title: 19 — Customs Duties
• Subtitle: VI
• Chapter: SUBCHAPTER II—TECHNICAL BARRIERS TO TRADE (STANDARDS)
• Part: subpart 2—other proceedings regarding certain standards-related activities

Text

(a) In general
Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writing, that—
(1) the country of origin of the imported product is a Party to the Agreement or a foreign country described in section 2552(2) of this title; and
(2) the dispute settlement procedures provided under the Agreement are not appropriate.
(b) Exemptions
This section does not apply with respect to causes of action arising under—
(1) the antitrust laws as defined in section 12(a) of title 15; or
(2) statutes administered by the Secretary of Agriculture.
This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section 553 of title 5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.

History

(Pub. L. 96–39, title IV, §441, July 26, 1979, 93 Stat. 248; Pub. L. 103–182, title III, §351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, §21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)

Editorial Notes

Editorial Notes

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