Trade Act of 1974

Last updated

Trade Act of 1974
Great Seal of the United States (obverse).svg
Long titleAn Act to promote the development of an open, nondiscriminatory, and fair world economic system, to stimulate fair and free competition between the United States and foreign nations, to foster the economic growth of, and full employment in, the United States, and for other purposes.
NicknamesTrade Reform Act
Enacted bythe 93rd United States Congress
EffectiveJanuary 3, 1975
Citations
Public law 93-618
Statutes at Large 88  Stat.   1978-2
Codification
Titles amended 19 U.S.C.: Customs Duties
U.S.C. sections created 19 U.S.C. ch. 12 § 2101 et seq.
Legislative history
  • Introduced in the House as H.R. 10710 by Al Ullman (DOR) on October 3, 1973
  • Committee consideration by House Ways and Means, Senate Finance
  • Passed the House on December 11, 1973 (272-140)
  • Passed the Senate on December 13, 1974 (77-4)
  • Reported by the joint conference committee on December 19, 1974; agreed to by the House on December 20, 1974 (323-36) and by the Senate on December 20, 1974 (72-4)
  • Signed into law by President Gerald Ford on January 3, 1975

The Trade Act of 1974 (Pub. L. Tooltip Public Law (United States)  93–618 , 88  Stat.   1978 , enacted January 3, 1975, codified at 19 U.S.C. ch. 12 [1] ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations.

Contents

Fast track authority

The Trade Act of 1974 created fast track authority for the President to negotiate trade agreements that Congress can approve or disapprove but cannot amend or filibuster. The Act provided the President with tariff and non-tariff trade barrier negotiating authority for the Tokyo Round of multilateral trade negotiations. Gerald Ford was the President at the time. The fast track authority created under the Act was set to expire in 1980, was extended for 8 years in 1979, [2] was renewed again in 1988 until 1993 to allow for the negotiation of the Uruguay Round within the framework of the General Agreement on Tariffs and Trade (GATT), [3] and was again extended to 16 April 1994, [4] [5] [6] a day after the Uruguay Round concluded in the Marrakesh Agreement transforming the GATT into the World Trade Organization (WTO). It was restored in 2002 by the Trade Act of 2002. The Obama Administration sought renewal for fast track authority in 2012.

Power to counteract unfair foreign trade practices

It also gave the President broad authority to counteract injurious and unfair foreign trade practices.

See also

Related Research Articles

The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis."

<span class="mw-page-title-main">Trade Expansion Act</span> 1962 US law on tariffs

The Trade Expansion Act of 1962 is an American trade law.

<span class="mw-page-title-main">Reciprocal Tariff Act</span> 1934 United States tariff law

The Reciprocal Tariff Act provided for the negotiation of tariff agreements between the United States and separate nations, particularly Latin American countries. The Act served as an institutional reform intended to authorize the president to negotiate with foreign nations to reduce tariffs in return for reciprocal reductions in tariffs in the United States up to 50%. It resulted in a reduction of duties. This was the policy of the low tariff Democrats in response to the high tariff Republican program which produced the Smoot–Hawley tariff of 1930 that raised rates, and sharply reduced international trade. The Reciprocal Tariff Act was promoted heavily by Secretary of State Cordell Hull.

<span class="mw-page-title-main">Office of the United States Trade Representative</span> United States trade body

The Office of the United States Trade Representative (USTR) is an agency of the United States federal government responsible for developing and promoting American trade policy. Part of the Executive Office of the President, it is headed by the U.S. Trade Representative, a Cabinet-level position that serves as the U.S. President's primary advisor, negotiator, and spokesperson on trade matters. USTR has more than two hundred employees, with offices in Geneva, Switzerland, and Brussels, Belgium.

<span class="mw-page-title-main">Uruguay Round</span> 1986-1994 series of free trade negotiations

The Uruguay Round was the 8th round of multilateral trade negotiations (MTN) conducted within the framework of the General Agreement on Tariffs and Trade (GATT), spanning from 1986 to 1993 and embracing 123 countries as "contracting parties". The Round led to the creation of the World Trade Organization, with GATT remaining as an integral part of the WTO agreements. The broad mandate of the Round had been to extend GATT trade rules to areas previously exempted as too difficult to liberalize and increasingly important new areas previously not included. The Round came into effect in 1995 with deadlines ending in 2000 under the administrative direction of the newly created World Trade Organization (WTO).

The Australia – United States Free Trade Agreement (AUSFTA) is a preferential trade agreement between Australia and the United States modelled on the North American Free Trade Agreement (NAFTA). The AUSFTA was signed on 18 May 2004 and came into effect on 1 January 2005.

<span class="mw-page-title-main">Kennedy Round</span> Sixth session of General Agreement on Tariffs and Trade

The Kennedy Round was the sixth session of General Agreement on Tariffs and Trade (GATT) multilateral trade negotiations held between 1964 and 1967 in Geneva, Switzerland. Congressional passage of the U.S. Trade Expansion Act in 1962 authorized the White House to conduct mutual tariff negotiations, ultimately leading to the Kennedy Round. Participation greatly increased over previous rounds. Sixty-six nations, representing 80% of world trade, attended the official opening on May 4, 1964, at the Palais des Nations. Despite several disagreements over details, the director general announced the round's success on May 15, 1967, and the final agreement was signed on June 30, 1967—the last day permitted under the Trade Expansion Act. The round was named after U.S. President John F. Kennedy, who was assassinated six months before the opening negotiations.

The International Trade Organization (ITO) was the proposed name for an international institution for the regulation of trade.

<span class="mw-page-title-main">Uruguay Round Agreements Act</span> US free trade law with implications for intellectual property

The Uruguay Round Agreements Act is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade (GATT) into the World Trade Organization (WTO). One of its effects is to give United States copyright protection to foreign works that had previously been in the public domain in the United States.

Section 301 of the U.S. Trade Act of 1974 authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce. Section 301 cases can be self-initiated by the United States Trade Representative (USTR) or as the result of a petition filed by a firm or industry group. If USTR initiates a Section 301 investigation, it must seek to negotiate a settlement with the foreign country in the form of compensation or elimination of the trade barrier. For cases involving trade agreements, the USTR is required to request formal dispute proceedings as provided by the trade agreements. The law does not require that the U.S. government wait until it receives authorization from the World Trade Organization (WTO) to take enforcement actions, and the President is increasingly focused on enforcing intellectual property (IP) rights under the "Special" 301 amendments but the U.S. has committed itself to pursuing the resolution of disputes under WTO agreements through the WTO dispute settlement mechanism, which has its own timetable.

<span class="mw-page-title-main">Bahrain–United States Free Trade Agreement</span>

The United States–Bahrain Free Trade Agreement (USBFTA) is a free trade agreement (FTA) between the United States and Bahrain, signed on September 14, 2004. It was ratified by the United States House of Representatives on December 7, 2005, by 327–95, with 10 not voting.

The fast track authority for brokering trade agreements is the authority of the President of the United States to negotiate international agreements in an expedited manner and with limited congressional oversight. Renamed the trade promotion authority (TPA) in 2002, the TPA is an impermanent power granted by Congress to the President. It remained in effect from 1975 to 1994, pursuant to the Trade Act of 1974 and from 2002 to 2007 pursuant to the Trade Act of 2002. Although it technically expired in July 2007, it remained in effect for agreements that were already under negotiation until their passage in 2011. In June 2015, a third renewal passed Congress and was signed into law by President Barack Obama.

Rufus Hawkins Yerxa is an American lawyer and former U.S. government and international official. He is currently a Senior Advisor with the global consulting firm McClarty Associates. He served as Deputy United States Trade Representative during the George H.W. Bush and Clinton Administrations, and served for 11 years as Deputy Director General of the World Trade Organization (WTO). From 2016 to 2021 he was President of the National Foreign Trade Council.

<span class="mw-page-title-main">Trade Agreements Act of 1979</span> United States federal law

The Trade Agreements Act of 1979 (TAA), Pub. L.Tooltip Public Law  96–39, 93 Stat. 144, enacted July 26, 1979, codified at 19 U.S.C. ch. 13, is an Act of Congress that governs trade agreements negotiated between the United States and other countries under the Trade Act of 1974. It provided the implementing legislation for the Tokyo Round of the General Agreement on Tariffs and Trade.

The Trade Act of 2002 granted the President of the United States the authority to negotiate trade deals with other countries and gives Congress the approval to only vote up or down on the agreement, not to amend it. This authority is sometimes called fast-track authority, since it is thought to streamline approval of trade agreements. This authority makes it easier to negotiate deals, which engenders both support and opposition, opposition coming from labor and environmental groups.

<span class="mw-page-title-main">Chief Agricultural Negotiator</span>

The Chief Agricultural Negotiator is an ambassador of the Office of the United States Trade Representative (USTR) responsible for conducting and overseeing international negotiations related to trade in agricultural products. The Chief Agricultural Negotiator is compensated at the rate payable for Level III of the Executive Schedule.

<span class="mw-page-title-main">Special 301 Report</span> Annual US report on trade barriers

The Special 301 Report is prepared annually by the Office of the United States Trade Representative (USTR) that identifies trade barriers to United States companies and products due to the intellectual property laws, such as copyright, patents and trademarks, in other countries. By April 30 of each year, the USTR must identify countries which do not provide "adequate and effective" protection of intellectual property rights or "fair and equitable market access to United States persons that rely upon intellectual property rights".

<span class="mw-page-title-main">Chile–United States Free Trade Agreement</span> Free trade agreement

The United States-Chile Free Trade Agreement is a free trade agreement (FTA) between the United States and Chile signed on June 6, 2003. The pact came into force on January 1, 2004. On that date, tariffs on 90% of U.S. exports to Chile and 95% of Chilean exports to the United States were eliminated. The agreement also established that Chile and the U.S. will establish duty-free trade in all products within a maximum of 12 years (2016). In 2009, bilateral trade between the United States and Chile reached US$15.4 billion, a 141% increase over bilateral trade levels before the U.S.-Chile FTA took effect. In particular, U.S. exports to Chile in 2009 showed a 248% increase over pre-FTA levels.

The negotiations for the Trans-Pacific Partnership Agreement were held between 12 countries between 2008 and 2015. The negotiations were aimed at obtaining an agreement between the Trans-Pacific Strategic Economic Partnership Agreement parties Brunei, Chile, Singapore and New Zealand, as well as the Australia and the United States.

<span class="mw-page-title-main">History of the World Trade Organization</span> Aspect of history

The World Trade Organization (WTO) is an intergovernmental organization which regulates international trade. The WTO officially commenced on 1 January 1995 under the Marrakesh Agreement, signed by 123 nations on 15 April 1994, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The WTO deals with regulation of trade between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements, which is signed by representatives of member governments and ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994).

References

  1. "19 U.S.C. ch.12—Trade Act of 1974". Archived from the original on March 30, 2018. Retrieved January 5, 2013.
  2. Trade Agreements Act of 1979, Pub. L. Tooltip Public Law (United States)  96–39, 93  Stat.   144
  3. Omnibus Trade and Competitiveness Act of 1988, Pub. L. Tooltip Public Law (United States)  100–148
  4. Pub. L. Tooltip Public Law (United States)  103–49, enacted July 2, 1993, codified at 19 U.S.C.   § 2902(e)
  5. U.S. International Trade Commission (August 2003). The Impact of Trade Agreements: Effect of the Tokyo Round, U.S.–Israel FTA, U.S.–Canada FTA, NAFTA, and the Uruguay Round on the U.S. Economy (PDF). p. 3. Archived (PDF) from the original on September 19, 2020. Retrieved January 28, 2012.
  6. U.S. House Committee on Ways and Means (June 2001). Overview and Compilation of U.S. Trade Statutes. p. 225. Archived from the original on February 4, 2018. Retrieved January 28, 2012.
  7. Charter of the Labor Advisory Committee for Trade Negotiations and Trade Policy Archived April 16, 2021, at the Wayback Machine , ss. 2–3, dated May 25, 2012.
  8. CRS Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition – Order Code 97-905 Archived 2011-02-12 at the Wayback Machine
  9. Knowledge Ecology International. "The US Special 301 Reports, 1989–2012". Accessible at Archived February 11, 2024, at the Wayback Machine