eLaws | eCases | Code of Federal Regulations | Federal Register | Federal Courts |
 United States Code (Last Updated: May 24, 2014)
 Title 19. CUSTOMS DUTIES
 Chapter 16. WINE TRADE

  § 2804. Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine  

Latest version.
  • (a) Consultations with major wine trading countries

    The President shall direct the Trade Representative to enter into consultations with each major wine trading country to seek a reduction or elimination of that country’s tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine.

     (b) Reports to Congress on actions taken to expand export opportunities(1) the and(E) recommendations to the Congress of any additional legislative authority or other action which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine.(2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by section 1872(a) of this title. (c) Enforcement of rightsIf the President, after taking into account information and advice received under subsections (a) and (b) of this section, section 2805 of this title or from other sources, determines that action is appropriate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and—(1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or(2) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce;the President, shall take all appropriate and feasible action under the Trade Act of 1974 [19 U.S.C. 2101 et seq.] to enforce the rights of the United States under any such trade agreement or to obtain the elimination of such act, policy, or practice.
(Pub. L. 98–573, title IX, § 905, Oct. 30, 1984, 98 Stat. 3049.)

References In Text

References in Text

Section 854(a) of the Trade Agreements Act of 1979, referred to in subsec. (b)(1), is section 854(a) of Pub. L. 96–39, title VIII, July 26, 1979, 93 Stat. 294, which is set out as a note under section 2135 of this title.

The Trade Act of 1974, referred to in subsecs. (b)(1)(C)(i) and (c), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.

Miscellaneous

Reports on Negotiations To Eliminate Wine Trade Barriers

Pub. L. 100–418, title I, § 1125, Aug. 23, 1988, 102 Stat. 1147, provided that: “Before the close of the 13-month period beginning on the date of the enactment of this Act [Aug. 23, 1988], the President shall update each report that the President submitted to the Committee on Ways and Means and the Committee on Finance under section 905(b) of the Wine Equity and Export Expansion Act of 1984 (19 U.S.C. 2804 [(b)]) and submit the updated report to both of such committees. Each updated report shall contain, with respect to the major wine trading country concerned—“(1) a description of each tariff or nontariff barrier to (or other distortion of) trade in United States wine of that country with respect to which the United States Trade Representative has carried out consultations since the report required under such section 905(b) was submitted;“(2) the status of the consultations described under paragraph (1); and“(3) information, explanations, and recommendations of the kind referred to in paragraph (1)(C), (D), and (E) of such section 905(b) that are based on developments (including the taking of relevant actions, if any, of a kind not contemplated at the time of the enactment of such 1984 Act [Oct. 30, 1984]) since the submission of the report required under such section.”

[Functions of the President under section 1125 of Pub. L. 100–418 delegated to the United States Trade Representative, see section 1–201 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of this title.]