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Chapter 4: Laws regulating export activities
Export controls
Export financing (Export-Import Bank).
Agricultural export sales and promotion
Export trading companies.....
Export promotion of goods and services......
Chapter 5: Authorities relating to political or economic security
International Emergency Economic Powers Act...
Trading With the Enemy Act....
Narcotics Control Trade Act.
Embargo on transactions with Cuba
Iraq Sanctions Act of 1990..
International Security and Development Cooperation Act of 1985.
Section 27 of the Merchant Marine Act, 1920 (Jones Act).
Section 721 of the Defense Production Act of 1950 (“Exon/Florio").
Chapter 6: Reciprocal trade agreements
Reciprocal trade agreement objectives and authorities.
Congressional fast track implementing procedures..
Specific foreign trade barriers....
Telecommunications Trade Act of 1988.
Most-favored-nation treatment.....
United States-Israel trade relations
United States-Canada trade relations.
Chapter 7: Organization of trade policy functions..
Congress......
Executive branch.
Interagency trade process.
Office of the U.S. Trade Representative
Department of Agriculture.
Department of Commerce.
Department of Labor
Department of State..
Department of the Treasury..
U.S. Customs Service.
U.S. International Trade Commission..
Private sector advisory committees
Page
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177
180
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191
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196
PART II: COMPILATION OF U.S. TRADE STATUTES
Chapter 8: Tariff and customs laws.......
197
A. Implementation of the Harmonized Tariff Schedule of the United
States (Sections 1201-1217 of the Omnibus Trade and Competitive-
ness Act of 1988).
B. Excerpts from the Harmonized Tariff Schedule of the United States
(HTS) relating to special duty treatment..
General note 3(c)(v)(A) of the Harmonized Tariff Schedule
F. Customs valuation (Section 402 of the Tariff Act of 1930, as amended).
2. American goods repaired or altered abroad (HTS items 9802.00.40,
.50).............
American metal articles processed abroad (HTS item 9802.00.60)..
American components assembled abroad (HTS item 9802.00.80).
3. Personal (tourist) exemptions (HTS items 9804.00.65, .70, .72)
4. Products of U.S. insular possessions (General note 3(a)(iv)).
C. Generalized System of Preferences (GSP)..
Title V of the Trade Act of 1974, as amended
General Note 3(c)(ii) of the Harmonized Tariff Schedule
D. Caribbean Basin Initiative (CBI)
Section 423 of the Tax Reform Act of 1986, as amended (treatment of
E. Andean Initiative (Andean Trade Preference Act)...
G. Customs user fees......
Section 13031 of the Consolidated Budget Reconciliation Act of 1985,
as amended.
213
216
218
220
229
232
247
253
257
258
267
276
Chapter 8 Continued
G. Customs user fees-Continued
Sections 111(f) and 112 of the Customs and Trade Act of 1990, as
amended.......
286
Section 236 of the Trade and Tariff Act of 1984, as amended
Section 1893(f) of the Tax Reform Act of 1986, as amended.
Section 1907 (b) and (c) of the Omnibus Trade and Competitive-
ness Act of 1988.
293
Section 210 of the Motor Vehicle Information and Cost Savings
Act.....
2. Drawback (Section 313 of the Tariff Act of 1930, as amended)...........
3. Copyrights and trademark enforcement.
Section 101 of the Copyright Revision Act of 1976.
Section 526 of the Tariff Act of 1930, as amended
4. Penalties (Section 592 of the Tariff Act of 1930, as amended).
5. Commercial operations.......
Section 9503(c) of the Omnibus Budget Reconciliation Act of 1987
Section 301 of the Customs Procedural Reform and Simplifica-
tion Act of 1978, as amended.
I. Foreign Trade Zones (Act of June 18, 1934, as amended)
297
301
302
304
307
308
311
J. Implementation of the GATT Agreement on Trade in Civil Aircraft
Title VI of the Trade Agreements Act of 1979
Section 234 of the Trade and Tariff Act of 1984.
319
320
General note 3(c)(iv) of the Harmonized Tariff Schedule
321
Chapter 9: Trade remedy laws.
323
A. Authorities to respond to foreign subsidy and dumping practices
1. Countervailing duties......
Sections 102 and 104 of the Trade Agreements Act of 1979..
Subtitle A of Title VII (Sections 701-709) of the Tariff Act of
1930, as amended..
326
329
2. Antidumping duties (Subtitle B of Title VII (Sections 731-739) of
the Tariff Act of 1930, as amended)
347
3. Administrative review of antidumping and countervailing duties
(Subtitle C of Title VII (Sections 751, 761, and 762) of the Tariff
Act of 1930, as amended).
4. General provisions relating to antidumping and countervailing
duties (Subtitle D of Title VII (Sections 771-781) of the Tariff Act
of 1930, as amended)..
369
372
5. Judicial review of antidumping and countervailing duty actions
(Section 516A of the Tariff Act of 1930, as amended).
406
6. Third-country dumping (Section 1317 of the Omnibus Trade and
Competitiveness Act of 1988).
415
7. Antidumping Act of 1916.
416
B. Enforcement of United States rights under trade agreements and
response to certain foreign trade and competitive practices..
Sections 301-310 of the Trade Act of 1974, as amended
Section 307(b) of the Trade and Tariff Act of 1984.
420
435
International Air Transportation Fair Competitive Practices Act of
1974.......
436
Section 19 of the Merchant Marine Act, 1920, as amended..
437
Sections 10002 and 10003 of the Foreign Shipping Practices Act of
1988..
440
C. Unfair practices in import trade (Section 337 of the Tariff Act of 1930,
as amended)..
444
D. Positive adjustment by industries injured by imports (Sections 201-
204) of the Trade Act of 1974, as amended).
452
E. Relief from market disruption by imports from Communist countries
(Section 406 of the Trade Act of 1974, as amended)....
468
F. Authority to auction import licenses (Section 1102 of the Trade Agree-
ments Act of 1979)..........
471
G. Trade adjustment assistance (Chapters 2, 3, and 5 of Title II of the
Trade Act of 1974, as amended)...
472
Chapter 10: Other laws regulating imports.
A. Authorities to restrict imports of agricultural and textile products.
Section 204 of the Agricultural Act of 1956, as amended.
Section 22 of the Agricultural Adjustment Act of 1933, as amended.....
Report on Section 22 suspension or termination (Section 1554 of the
Food, Agriculture, Conservation, and Trade Act of 1990)...
Meat Import Act of 1979, as amended.......
503
505
Reciprocal meat inspection requirement (Section 20(h) of the Federal
Meat Inspection Act)..
Sugar tariff-rate quotas under Harmonized Tariff Schedule authori-
ties [excerpts].
Import prohibitions on certain agricultural commodities under mar-
keting orders (Section 8e of the Agricultural Adjustment Act, as
amended)
B. Authorities to Restrict Imports under Certain Environmental Laws.
Marine Mammal Protection Act of 1972, as amended [excerpts].
Sections 6, 9, and 10 of the Endangered Species Act of 1973, as
amended..
Section 8 of the Fishermen's Protective Act of 1967, as amended
High Seas Driftnet Fisheries Enforcement Act [excerpts]......
C. National security import restrictions..
Sections 232 and 233 of the Trade Expansion Act of 1962, as amended
Sections 1501 (c) and (d) of the Omnibus Trade and Competitiveness
Act of 1988 (machine tools).
D. Balance of payments authority (Section 122 of the Trade Act of 1974)...
E. Implementation of the GATT Agreement on Technical Barriers to
Trade [Product Standards] (Title IV of the Trade Agreements Act of
1979)..
F. Government procurement.
1. Buy American requirements
Buy American Act (Title III of the Act of March 3, 1933, as
amended)....
Section 833 of the Defense Production Act of 1950, as amended.
Act of October 29, 1949.
Executive Order No. 10582..
2. Implementation of the GATT Agreement on Government Procure-
ment (Title III of the Trade Agreements Act of 1979, as amended)
Chapter 11: Laws regulating export activities
A. Export controls.....
Export Administration Act of 1979, as amended..
Multilateral Export Control Enhancement Amendments Act (Sec-
tions 2441-2447 of the Omnibus Trade and Competitiveness Act of
1988).....
B. Export financing and promotion.....
1. Export-Import Bank of the United States
509
512
515
556
571
573
579
582
584
587
597
601
602
604
617
698
701
Export-Import Bank Act Amendments of 1978 [excerpts]
Trade and Development Enhancement Act of 1983, as amended....
2. Agricultural export sales and promotion.....
727
728
729
733
Agricultural Trade Development and Assistance Act of 1954, as
amended (P.L. 480) (excerpts).......
Agricultural Trade Act of 1978, as amended.
748
Section 108 of the Agricultural Act of 1954, as amended
Section 203 of the Export Administration Amendments Act.
771
772
3. Export trading companies (Export Trading Company Act of 1982,
as amended) (excerpts).......
773
4. Export promotion of goods and services....
781
Sections 2301-2304, 2306, 2312-2314 of the Export Enhancement
Act of 1988, as amended
Chapter 12: Authorities relating to political or economic security.
A. Economic authorities in national emergencies
Fair Trade in Auto Parts Act of 1988 (Sections 2121-2125 of the
Omnibus Trade and Competitiveness Act of 1988).
International Emergency Economic Powers Act, as amended
Section 5(b) of the Trading with the Enemy Act, as amended
793
797
801
Chapter 12-Continued
B. Trade sanctions against uncooperative major drug-producing or drug-
transit countries (Narcotics Control Trade Act).
C. Economic sanctions against terrorism (Sections 504 and 505 of the
International Security and Development Cooperation Act of 1985).......
D. Economic sanctions against chemical and biological weapons (Chemi-
cal and Biological Weapons Control and Warfare Elimination Act of
1991)
E. Embargo on transactions with Cuba....
Section 620(a) of the Foreign Assistance Act of 1961, as amended.
Cuban Democracy Act of 1992 (Title XVII of the National Defense
Authorization Act for Fiscal Year 1993).
F. Economic sanctions against Iraq and Iran.
803
809
810
819
827
Iraq Sanctions Act of 1990 (Sections 586-586J of the Foreign Assist-
ance and Related Programs Appropriation, 1991)...
Iran-Iraq Arms Non-Proliferation Act of 1992 (Title XVI of the Na-
tional Defense Authorization Act for Fiscal Year 1993)....
G. Restrictions on transport of merchandise by foreign vessels (Section 27
of the Merchant Marine Act, 1920, as amended)....
835
840
H. Authority to review certain mergers, acquisitions, and takeovers (Sec-
tion 721 of the Defense Production Act of 1950, as amended)
844
Chapter 13: Reciprocal trade agreements
A. U.S. negotiating objectives........
Section 1101 of the Omnibus Trade and Competitiveness Act of 1988...
Sections 1124 and 3004 of the Omnibus Trade and Competitiveness
Act of 1988.........
847
852
B. General trade agreement and implementation authorities...
Sections 1102, 1103, 1105(b), and 1107 of the Omnibus Trade and
Competitiveness Act of 1988, as amended...
854
Section 1302 of the Omnibus Budget Reconciliation Act of 1990 (con-
ditional agriculture reforms) ..
862
C. Specific trade agreement authorities.
865
1. Compensation authority (Section 123 of the Trade Act of 1974, as
amended)..
2. Termination and withdrawal authority (Section 125 of the Trade
Act of 1974)..
866
3. Accession of state trading regimes to the GATT (Section 1106 of
the Omnibus Trade and Competitiveness Act of 1988)...
867
4. GATT authorization (Section 121 of the Trade Act of 1974, as
869
Sections 131-134 of the Trade Act of 1974, as amended
Sections 127 (a) and (b) of the Trade Act of 1974
D. Trade negotiation procedural requirements..
E. Identification of, and action on, specific foreign trade barriers
1. National Trade Estimates report (Section 181 of the Trade Act of
1974, as amended).....
870
873
874
2. Intellectual property rights (Section 182 of the Trade Act of 1974)...
3. Telecommunications trade (Telecommunications Trade Act of
Section 1125 of the Omnibus Trade and Competitiveness Act of
890
F. Most-Favored-Nation (nondiscriminatory) treatment..
Section 1103(a)(3) of the Omnibus Trade and Competitiveness Act
of 1988
891
2. Trade relations with nonmarket economy countries.
General note 3(b) of the Harmonized Tariff Schedule.
Title IV of the Trade Act of 1974, as amended..
892
Sections 1 and 2 of Public Law 102-182 (MFN treatment for
Hungary and Czechoslovakia)...
899
Title I of Public Law 102-182 (MFN treatment for Estonia,
Latvia, and Lithuania).....
900
Public Law 102-420 (MFN withdrawal from Serbia/Montenegro)..
901
Section 306(c)(1) of the Trade and Tariff Act of 1984.
Chapter 13-Continued
G. Bilateral trade relations with Israel...
Title IV of the Trade and Tariff Act of 1984, as amended.
H. Bilateral trade relations with Canada.
United States-Canada Free-Trade Agreement Implementation Act of
1988, as amended..
903
United States-Israel Free Trade Area Implementation Act of 1985..
906
910
Automotive Products Trade Act of 1965, as amended..
General note 3(c)(iii) of the Harmonized Tariff Schedule.
1. Congressional advisers (Section 161 of the Trade Act of 1974, as
961
2. Reports to Congress..
963
Sections 162 and 163 of the Trade Act of 1974, as amended
Section 2202 of the Omnibus Trade and Competitiveness Act of
1988...
Section 5421 of the Omnibus Trade and Competitiveness Act of
3. Congressional fast track procedures with respect to Presidential
actions (Sections 151-154 of the Trade Act of 1974, as amended) ...
4. Approval of certain trade agreements and procedures for amend-
ments (Sections 2(a) and 3(c) of the Trade Agreements Act of
1979)....
B. Executive branch.
1. Interagency trade organization.
Section 242 of the Trade Expansion Act of 1962, as amended
Reorganization Plan No. 3 of 1979..
2. Office of the United States Trade Representative (Section 141 of
the Trade Act of 1974, as amended)..
C. United States International Trade Commission
989
1. Organization, general powers, procedures.
Sections 330, 331, 333-335, and 339 of the Tariff Act of 1930, as
Section 603 of the Trade Act of 1974.
996
Section 175(a)(1) of the Trade Act of 1974.
2. Investigations (Section 332 of the Tariff Act of 1930, as amended) ..
National Trade Data Bank (Sections 5401-5413 of the Omnibus Trade
and Competitiveness Act of 1988)....
1005
PART III: U.S. INTERNATIONAL ECONOMIC POSITION-DATA AND
ANALYSIS
Change in the U.S. international economic position, 1980 to present. 1011
Table 1. U.S. exports, imports, and merchandise trade balance
Table 2. Composition of U.S. merchandise trade with major countries.
1018
1020
Table 3. U.S. export and import performance: Percent change in recent years 1027
Table 4. U.S. current account balance..
1028
Table 5. Current account balances of major countries-dollar value and per-
cent of GDP...
1029
Table 6. Net international investment position of the United States.
Table 7. Dollar exchange rates.......
1030
1031
Table 8. Leading exporters and importers in world merchandise trade, 1990....
Table 9. Leading exporters and importers in world trade in commercial serv-
ices, 1990..
1032
1034
APPENDIX
Statutory citations of major U.S. trade laws..
Descriptions of major multilateral trade organizations
General Agreement on Tariffs and Trade (GATT)
Organization for Economic Cooperation and Development (OECD)...
1037
1042
1043