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19 U.S.C. § 2561Findings of reciprocity required in administrative proceedings

submitted 47 years ago by Pub. L. 96-39 to r/title-19-CUSTOMS-DUTIES · 191 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Federal agency generally may not consider a complaint or petition about a covered standards-related activity involving an imported product unless the Trade Representative makes specified findings. The section excludes certain antitrust, agriculture, and public-participation matters.

(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 about 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 about petitions and proceedings that are provided for under the practices of any Federal agency to ensuring, under 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.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-39 · 93 Stat. 248
  • 1993Amended · Pub. L. 103-182 · 107 Stat. 2122
  • 1996Amended · Pub. L. 104-295 · 110 Stat. 3529

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-39 on 1979-07-26.

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