                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
              SUBCHAPTER I--NEGOTIATING AND OTHER AUTHORITY
 
           Part 3--Hearings and Advice Concerning Negotiations
 
Sec. 2154. Prerequisites for offers

    (a) In any negotiation seeking an agreement under section 2133 of 
this title or section 2902 of this title, the President may make a 
formal offer for the modification or continuance of any United States 
duty, import restrictions, or barriers to (or other distortions of) 
international trade, the continuance of United States duty-free or 
excise treatment, or the imposition of additional duties, import 
restrictions, or other barrier to (or other distortion of) international 
trade including trade in services, foreign direct investment and 
intellectual property as covered by this subchapter, with respect to any 
article or matter only after he has received a summary of the hearings 
at which an opportunity to be heard with respect to such article has 
been afforded under section 2153 of this title. In addition, the 
President may make an offer for the modification or continuance of any 
United States duty, the continuance of United States duty-free or excise 
treatment, or the imposition of additional duties, with respect to any 
article included in a list published and furnished under section 2151(a) 
of this title, only after he has received advice concerning such article 
from the Commission under section 2151(b) of this title, or after the 
expiration of the 6-month or 90-day period provided for in that section, 
as appropriate, whichever first occurs.
    (b) In determining whether to make offers described in subsection 
(a) of this section in the course of negotiating any trade agreement 
under section 2902 of this title, and in determining the nature and 
scope of such offers, the President shall take into account any advice 
or information provided, or reports submitted, by--
        (1) the Commission;
        (2) any advisory committee established under section 2155 of 
    this title; or
        (3) any organization that holds public hearings under section 
    2153 of this title;

with respect to any article, or domestic industry, that is sensitive, or 
potentially sensitive, to imports.

(Pub. L. 93-618, title I, Sec. 134, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 
100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat. 1137.)


                               Amendments

    1988--Pub. L. 100-418 amended section generally. Prior to amendment, 
section read as follows: ``In any negotiations seeking an agreement 
under part 1 of this subchapter or section 2133 or 2134 of this title, 
the President may make an offer for the modification or continuance of 
any United States duty, import restrictions, or barriers to (or other 
distortions of) international trade, the continuance of United States 
duty-free or excise treatment, or the imposition of additional duties, 
import restriction, or other barrier to (or other distortion of) 
international trade, with respect to any article only after he has 
received a summary of the hearings at which an opportunity to be heard 
with respect to such article has been afforded under section 2153 of 
this title. In addition, the President may make an offer for the 
modification or continuance of any United States duty, the continuance 
of United States duty-free or excise treatment, or the imposition of 
additional duties, with respect to any article included in a list 
published and furnished under section 2151(a) of this title, only after 
he has received advice concerning such article from the International 
Trade Commission under section 2151(b) of this title, or after the 
expiration of the 6-month or 90-day period provided for in that section, 
as appropriate, whichever first occurs.''

                  Section Referred to in Other Sections

    This section is referred to in section 2463 of this title.
