                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
              SUBCHAPTER I--NEGOTIATING AND OTHER AUTHORITY
 
           Part 3--Hearings and Advice Concerning Negotiations
 
Sec. 2151. Advice from International Trade Commission


(a) Lists of articles which may be considered for action

    (1) In connection with any proposed trade agreement under section 
2133 of this title or section 2902(a) or (c) of this title, the 
President shall from time to time publish and furnish the International 
Trade Commission (hereafter in this section referred to as the 
``Commission'') with lists of articles which may be considered for 
modification or continuance of United States duties, continuance of 
United States duty-free or excise treatment, or additional duties. In 
the case of any article with respect to which consideration may be given 
to reducing or increasing the rate of duty, the list shall specify the 
provision of this subchapter under which such consideration may be 
given.
    (2) In connection with any proposed trade agreement under section 
2902(b) or (c) of this title, the President may from time to time 
publish and furnish the Commission with lists of nontariff matters which 
may be considered for modification.

(b) Advice to President by Commission

    Within 6 months after receipt of a list under subsection (a) of this 
section or, in the case of a list submitted in connection with a trade 
agreement, within 90 days after receipt of such list, the Commission 
shall advise the President, with respect to each article or nontariff 
matter, of its judgment as to the probable economic effect of 
modification of the tariff or nontariff measure on industries producing 
like or directly competitive articles and on consumers, so as to assist 
the President in making an informed judgment as to the impact which 
might be caused by such modifications on United States interests, such 
as sectors involved in manufacturing, agriculture, mining, fishing, 
services, intellectual property, investment, labor, and consumers. Such 
advice may include in the case of any article the advice of the 
Commission as to whether any reduction in the rate of duty should take 
place over a longer period of time than the minimum period provided for 
in section 2902(a)(3)(A) of this title.

(c) Additional investigations and reports requested by President or 
        Trade Representative

    In addition, in order to assist the President in his determination 
whether to enter into any agreement under section 2133 of this title or 
section 2902 of this title, or how to develop trade policy, priorities 
or other matters (such as priorities for actions to improve 
opportunities in foreign markets), the Commission shall make such 
investigations and reports as may be requested by the President or the 
United States Trade Representative on matters such as effects of 
modification of any barrier to (or other distortion of) international 
trade on domestic workers, industries or sectors, purchasers, prices and 
quantities of articles in the United States.

(d) Commission steps in preparing its advice to President

    In preparing its advice to the President under this section, the 
Commission shall to the extent practicable--
        (1) investigate conditions, causes, and effects relating to 
    competition between the foreign industries producing the articles or 
    services in question and the domestic industries producing the like 
    or directly competitive articles or services;
        (2) analyze the production, trade, and consumption of each like 
    or directly competitive article or service, taking into 
    consideration employment, profit levels, and use of productive 
    facilities with respect to the domestic industries concerned, and 
    such other economic factors in such industries as it considers 
    relevant, including prices, wages, sales, inventories, patterns of 
    demand, capital investment, obsolescence of equipment, and 
    diversification of production;
        (3) describe the probable nature and extent of any significant 
    change in employment, profit levels, and use of productive 
    facilities; the overall impact of such or other possible changes on 
    the competitiveness of relevant domestic industries or sectors; and 
    such other conditions as it deems relevant in the domestic 
    industries or sectors concerned which it believes such modifications 
    would cause; and
        (4) make special studies (including studies of real wages paid 
    in foreign supplying countries), whenever deemed to be warranted, of 
    particular proposed modifications affecting United States 
    manufacturing, agriculture, mining, fishing, labor, consumers, 
    services, intellectual property and investment, using to the fullest 
    extent practicable United States Government facilities abroad and 
    appropriate personnel of the United States.

(e) Public hearings

    In preparing its advice to the President under this section, the 
Commission shall, after reasonable notice, hold public hearings.

(Pub. L. 93-618, title I, Sec. 131, Jan. 3, 1975, 88 Stat. 1994; Pub. L. 
100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat. 1135.)


                               Amendments

    1988--Pub. L. 100-418 amended section generally, substituting 
present provisions for provisions which related to: in subsec. (a), 
lists of articles which could be considered for modification or 
continuance of duties, duty-free or excise treatment, or additional 
duties; in subsec. (b), advice to President following receipt of list by 
Commission; in subsec. (c), additional investigations and reports 
requested by President; in subsec. (d), Commission steps in preparing 
its advice to President; and in subsec. (e), public hearings.

                  Section Referred to in Other Sections

    This section is referred to in sections 2137, 2153, 2154, 2212, 2463 
of this title.
