19 U.S.C. § 2561

Findings of reciprocity required in administrative proceedings

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(a) In generalExcept 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) ExemptionsThis 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.)Editorial NotesAmendments

1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.

1993—Subsec. (a). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.

Notes of Decisions

Cited in 3 cases, 1980–2009 · leading case: Cornet Stores v. Azie Taylor Morton, Treasurer of the United States, 632 F.2d 96 (9th Cir. 1980).

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Cornet Stores v. Azie Taylor Morton, Treasurer of the United States, 632 F.2d 96 (9th Cir. 1980). “§ 1338 (authorizing imposition of additional duties on articles imported from countries found by the President to have placed a burden or disadvantage upon the commerce of the United States); 19 U.S.C. § 2561 et seq. (authorizing the President to provide duty-free treatment for…”

Kasten v. Saint-Gobain Performance Plastics Corp., 585 F.3d 310 (7th Cir. 2009). · cites it 2× “§ 1599 (a) (Federal Seed Act) (sameseed and grain handlers); 19 U.S.C. § 2561 (a) (Trade Agreements Act) (federal agency may not consider a complaint unless the Trade Representative informs the agency concerned "in writing"); 38 U.”

Kevin Kasten v. Saint-Gobain Performance Plast (7th Cir. 2009). “§ 1599 (a) (Federal Seed Act) (same—seed and grain handlers); 19 U.S.C. § 2561 (a) (Trade Agreements Act) (federal agency may not consider a complaint unless the Trade Representative informs the agency concerned “in writing”); 38 U.”

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