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19 U.S.C. § 2561

Section 2561 · Findings of reciprocity required in administrative proceedings

This is the Trade Agreements Act of 1979

Amended 2 times on record

Applied in 3 court decisions — leading case Cornet Stores v. Morton (1980)

Most recently applied in Kasten v. Saint-Gobain Performance Plastics Corp. (October 2009)

(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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

1993—Subsec. (a). Pub. L. 103–182 substituted “Trade Representative” for “Special Representative”.

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