U.S. Code
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Title 19
» Chapter CHAPTER 13— TRADE AGREEMENTS ACT OF 1979 › Subchapter SUBCHAPTER II— TECHNICAL BARRIERS TO TRADE (STANDARDS) › Part Part A— Obligations of the United States
19 U.S.C. § 2533
State and private standards-related activities
(a) In generalIt is the sense of the Congress that no State agency and no private person should engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States.
(b) Presidential actionThe President shall take such reasonable measures as may be available to promote the observance by State agencies and private persons, in carrying out standards-related activities, of requirements equivalent to those imposed on Federal agencies under section 2532 of this title, and of procedures that provide for notification, participation, and publication with respect to such activities.
(Pub. L. 96–39, title IV, § 403, July 26, 1979, 93 Stat. 243.)
Notes of Decisions
Trojan Tech., Inc. v. Pennsylvania, 916 F.2d 903 (3d Cir. 1990).
“§ 403, codified at 19 U.S.C. § 2533 . We think it unlikely that a “sense of Congress” is sufficient to preempt a state statute establishing a standards-related barrier; 9 it certainly is insufficient to preempt other types of trade restrictions.”
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