                        TITLE 19--CUSTOMS DUTIES
 
                CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
 
         SUBCHAPTER II--TECHNICAL BARRIERS TO TRADE (STANDARDS)
 
                Part A--Obligations of the United States
 
Sec. 2532. Federal standards-related activities

    No Federal agency may engage in any standards-related activity that 
creates unnecessary obstacles to the foreign commerce of the United 
States, including, but not limited to, standards-related activities that 
violate any of the following requirements:

                   (1) Nondiscriminatory treatment

        Each Federal agency shall ensure, in applying standards-related 
    activities with respect to any imported product, that such product 
    is treated no less favorably than are like domestic or imported 
    products, including, but not limited to, when applying tests or test 
    methods, no less favorable treatment with respect to--
            (A) the acceptance of the product for testing in comparable 
        situations;
            (B) the administration of the tests in comparable 
        situations;
            (C) the fees charged for tests;
            (D) the release of test results to the exporter, importer, 
        or agents;
            (E) the siting of testing facilities and the selection of 
        samples for testing; and
            (F) the treatment of confidential information pertaining to 
        the product.

                 (2) Use of international standards

        (A) In general

            Except as provided in subparagraph (B)(ii), each Federal 
        agency, in developing standards, shall take into consideration 
        international standards and shall, if appropriate, base the 
        standards on international standards.

        (B) Application of requirement

            For purposes of this paragraph, the following apply:
            (i) International standards not appropriate

                The reasons for which the basing of a standard on an 
            international standard may not be appropriate include, but 
            are not limited to, the following:
                    (I) National security requirements.
                    (II) The prevention of deceptive practices.
                    (III) The protection of human health or safety, 
                animal or plant life or health, or the environment.
                    (IV) Fundamental climatic or other geographical 
                factors.
                    (V) Fundamental technological problems.
            (ii) Regional standards

                In developing standards, a Federal agency may, but is 
            not required to, take into consideration any international 
            standard promulgated by an international standards 
            organization the membership of which is described in section 
            2571(6)(A)(ii) \1\ of this title.
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    \1\ See References in Text note below.
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                      (3) Performance criteria

        Each Federal agency shall, if appropriate, develop standards 
    based on performance criteria, such as those relating to the 
    intended use of a product and the level of performance that the 
    product must achieve under defined conditions, rather than on design 
    criteria, such as those relating to the physical form of the product 
    or the types of material of which the product is made.

                  (4) Access for foreign suppliers

        Each Federal agency shall, with respect to any conformity 
    assessment procedure used by it, permit access for obtaining an 
    assessment of conformity and the mark of the system, if any, to 
    foreign suppliers of a product on the same basis as access is 
    permitted to suppliers of like products, whether of domestic or 
    other foreign origin.

(Pub. L. 96-39, title IV, Sec. 402, July 26, 1979, 93 Stat. 242; Pub. L. 
103-465, title III, Sec. 351(c), Dec. 8, 1994, 108 Stat. 4956; Pub. L. 
104-295, Sec. 20(c)(14), Oct. 11, 1996, 110 Stat. 3529.)

                       References in Text

    Section 2571(6)(A) of this title, referred to in par. (2)(B)(ii), 
was amended generally by Pub. L. 103-465, title III, Sec. 351(e)(4), 
Dec. 8, 1994, 108 Stat. 4956, and, as so amended, no longer contains 
clauses.


                               Amendments

    1996--Par. (4). Pub. L. 104-295 inserted comma after ``system, if 
any''.
    1994--Par. (4). Pub. L. 103-465 substituted ``Access'' for 
``Certification access'' in heading, and, in text, substituted 
``conformity assessment procedure'' for ``certification system'' and 
``an assessment of conformity and the mark of the system, if any'' for 
``certification under that system''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective on the date on which the WTO 
Agreement enters into force with respect to the United States [Jan. 1, 
1995], see section 352 of Pub. L. 103-465, set out as a note under 
section 2531 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2533 of this title.
