Collapse to view only § 2561. Findings of reciprocity required in administrative proceedings
- § 2561. Findings of reciprocity required in administrative proceedings
- § 2562. Consideration of standards-related activities by an international forum
§ 2561. Findings of reciprocity required in administrative proceedings
(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.
(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.)
§ 2562. Consideration of standards-related activities by an international forum
No standards-related activity being engaged in within the United States may be stayed in any judicial or administrative proceeding on the basis that such activity is currently being considered, pursuant to the Agreement, by an international forum.
(Pub. L. 96–39, title IV, § 442, July 26, 1979, 93 Stat. 248.)