§ 2133. Compensation authority
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(a)New concessions Whenever—
(1)any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
(2)any judicial or administrative tariff reclassification that becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the President—
(A)may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
(B)may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
(b)Reductions in rates of duty
(1)No proclamation shall be made pursuant to subsection
(a)decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
(2)Where the rate of duty in effect at any time is an intermediate stage under section 2902(a) of this title, the proclamation made pursuant to subsection
(a)may provide for the reduction of each rate of duty at each such stage proclaimed under such section 2902(a) of this title by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such section 2902(a) of this title.
(3)If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs
(1)and
(2)of this subsection by not more than the lesser of—
(A)the difference between such limitation and the next lower whole number, or
(B)one-half of 1 percent ad valorem.
(4)Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant action under sections 2253(e) and 2254 of this title.
(c)Consideration of past violations of trade concessions Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.
(d)Basic authority for trade agreements as authority for granting new concessions as compensation Notwithstanding the provisions of subsection (a), the authority delegated under section 2902 of this title shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.
(e)International obligations determination prerequisite to application of authority The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.
(Pub. L. 93–618, title I, § 123, Jan. 3, 1975, 88 Stat. 1989; Pub. L. 100–418, title I, §§ 1104, 1401(b)(1)(A), Aug. 23, 1988, 102 Stat. 1132, 1239; Pub. L. 106–286, div. A, title I, § 104, Oct. 10, 2000, 114 Stat. 891.)
Connections80 cite this · traces to 3
Cited by 80 sections · top 44
U.S. Code
- § 3805Implementation of trade agreements
- § 2463Designation of eligible articles
- § 2112Barriers to and other distortions of trade
- § 2151Advice from International Trade Commission
- § 2152Advice from executive departments and other sources
- § 337COMPENSATION AUTHORITY.
- § 2153Public hearings
- § 2154Prerequisites for offers
- § 2114dForeign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable
- § 4087Compensation authority
- § 215COMPENSATION AUTHORITY.
- § 4065Compensation authority
- § 315COMPENSATION AUTHORITY.
- § 327COMPENSATION AUTHORITY.
- § 302RELIEF FROM IMPORTS.
statutes-at-large
- Public Law 93–617to authorize the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco” (Public Law 93–114), [87 Stat. 417](/us/stat/87/417).approved October 1, 1973, is amended by striking out “December 31, 1974” and inserting in lieu thereof “December 31, 1976”
- Public Law 109–169To implement the United States-Bahrain Free Trade Agreement
- Public Law 109–283To implement the United States-Oman Free Trade Agreement
- Public Law 107–43To implement the agreement establishing a United States-Jordan free trade area
- Public Law 108–78To implement the United States-Singapore Free Trade Agreement
- Proclamation 5135
- Public Law 100–418To enhance the competitiveness of American industry, and for other purposes
- Public Law 108–302To implement the United States-Morocco Free Trade Agreement
- Public Law 108–286To implement the United States-Australia Free Trade Agreement
- Public Law 110–138To implement the United States-Peru Trade Promotion Agreement
- Public Law 108–77To implement the United States-Chile Free Trade Agreement
- Public Law 106–286To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People’s Republic of China, and to establish a framework for relations between the United States and the People’s Republic of China
- Public Law 109–53To implement the Dominican Republic-Central America-United States Free Trade Agreement
- Public Law 100–449To implement the United States-Canada Free-Trade Agreement
statute-compilations
register
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14 references not yet in our index
- Pub. L. 93–618, title I, § 123
- 88 Stat. 1989
- Pub. L. 100–418, title I
- 102 Stat. 1132
- Pub. L. 106–286, div. A, title I, § 104
- 114 Stat. 891
- Pub. L. 106–286
- Pub. L. 100–418, § 1104(1)
- Pub. L. 100–418, § 1104(2)
- Pub. L. 100–418, § 1401(b)(1)(A)
- Pub. L. 100–418, § 1104(3)
- Pub. L. 100–418, § 1104(4)
- section 1401(b)(1)(A) of Pub. L. 100–418
- section 1401(c) of Pub. L. 100–418
Citation graph
cites case law
§ 2133
Compensation authority
U.S.C.×39
Stat.×24
Fed. Reg.×9
Stat. Comp.×7
Bills×1
Pub. L.Pub. L. 93–618, title I, § 123
Stat.88 Stat. 1989
Pub. L.Pub. L. 100–418, title I
Stat.102 Stat. 1132
Pub. L.Pub. L. 106–286, div. A, title I, § 104
Cites 17 · showing 8Cited by 80 across 5 sources