(a) Presidential proclamationSubject to the provisions of section 2435(c) of this title, the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in section 2435 of this title.
(b) Limitation on period of effectivenessThe application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this subchapter which has entered into an agreement with the United States regarding the settlement of lendlease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement.
(c) Suspension or withdrawal of extensions of nondiscriminatory treatmentThe President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a) and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States.
(Pub. L. 93–618, title IV, § 404, Jan. 3, 1975, 88 Stat. 2060; Pub. L. 96–39, title XI, § 1106(f)(2), July 26, 1979, 93 Stat. 312; Pub. L. 100–418, title I, § 1214(j)(3), Aug. 23, 1988, 102 Stat. 1158.)
Editorial Notes
References in TextThe Harmonized Tariff Schedule of the United States, referred to in subsec. (c), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Amendments1988—Subsec. (c). Pub. L. 100–418 substituted “Harmonized Tariff Schedule of the United States” for “Tariff Schedules for the United States”.
1979—Subsec. (c). Pub. L. 96–39 struck out the comma after “subsection (a)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–39 effective July 26, 1979, see section 1114 of Pub. L. 96–39, set out as an Effective Date note under section 2581 of this title.
Suspending Normal Trade Relations with Russia and BelarusPub. L. 117–110, §§ 2–5, Apr. 8, 2022, 136 Stat. 1159–1165, provided that:
Extension of Nondiscriminatory Treatment to Products of the Russian Federation; Trade Enforcement MeasuresPub. L. 112–208, titles I, II, Dec. 14, 2012, 126 Stat. 1497, 1498, as amended by Pub. L. 118–31, div. F, title LXVII, § 6707(b)(2), Dec. 22, 2023, 137 Stat. 1018, provided that:
Extension of Nondiscriminatory Treatment to Products of MoldovaPub. L. 112–208, title III, Dec. 14, 2012, 126 Stat. 1501, provided that:
Extension of Nondiscriminatory Treatment to Products of UkrainePub. L. 109–205, Mar. 23, 2006, 120 Stat. 313, provided that:
Extension of Nondiscriminatory Treatment to Products of ArmeniaPub. L. 108–429, title II, § 2001, Dec. 3, 2004, 118 Stat. 2587, provided that:
“(a) Findings.—Congress makes the following findings:“(1) Armenia has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.].
“(2) Armenia acceded to the World Trade Organization on February 5, 2003.
“(3) Since declaring its independence from the Soviet Union in 1991, Armenia has made considerable progress in enacting free-market reforms.
“(4) Armenia has demonstrated a strong desire to build a friendly and cooperative relationship with the United States and has concluded many bilateral treaties and agreements with the United States.
“(5) Total United States-Armenia bilateral trade for 2002 amounted to more than $134,200,000.
“(b) Presidential Determinations and Extensions of Nondiscriminatory Treatment.—Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may—“(1) determine that such title should no longer apply to Armenia; and
“(2) after making a determination under paragraph (1) with respect to Armenia, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.
“(c) Termination of application of Title IV.—On and after the effective date of the extension under subsection (b)(2) of nondiscriminatory treatment to the products of Armenia [Nondiscriminatory treatment extended Jan. 7, 2005, see Proc. No. 7860, listed in the table of presidential documents below.], title IV of the Trade Act of 1974 shall cease to apply to that country.”
Extension of Nondiscriminatory Treatment to Products of VietnamPub. L. 109–432, div. D, title IV, §§ 4001, 4002, Dec. 20, 2006, 120 Stat. 3177, 3178, provided that:
Pub. L. 107–52, Oct. 16, 2001, 115 Stat. 268, provided: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of the Socialist Republic of Vietnam transmitted by the President to the Congress on June 8, 2001.”
Extension of Nondiscriminatory Treatment to Products of GeorgiaPub. L. 106–476, title III, Nov. 9, 2000, 114 Stat. 2175, provided that:
Extension of Nondiscriminatory Treatment to Products of People’s Republic of ChinaPub. L. 106–286, div. A, title I, §§ 101, 102, Oct. 10, 2000, 114 Stat. 881, 882, provided that:
Extension of Nondiscriminatory Treatment to Products of AlbaniaPub. L. 106–200, title III, § 301, May 18, 2000, 114 Stat. 288, provided that:
“(a) Findings.—Congress makes the following findings:“(1) Albania has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.].
“(2) Since its emergence from communism, Albania has made progress toward democratic rule and the creation of a free-market economy.
“(3) Albania has concluded a bilateral investment treaty with the United States.
“(4) Albania has demonstrated a strong desire to build a friendly relationship with the United States and has been very cooperative with NATO and the international community during and after the Kosova crisis.
“(5) The extension of unconditional normal trade relations treatment to the products of Albania will enable the United States to avail itself of all rights under the World Trade Organization with respect to Albania when that country becomes a member of the World Trade Organization.
“(b) Termination of Application of Title IV of the Trade Act of 1974 to Albania.—“(1) Presidential determinations and extensions of nondiscriminatory treatment.—Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may—“(A) determine that such title should no longer apply to Albania; and
“(B) after making a determination under subparagraph (A) with respect to Albania, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.
“(2) Termination of application of title iv.—On or after the effective date of the extension under paragraph (1)(B) of nondiscriminatory treatment to the products of Albania [Nondiscriminatory treatment extended June 29, 2000, see Proc. No. 7326, listed in the table of presidential documents below.], title IV of the Trade Act of 1974 shall cease to apply to that country.”
Extension of Nondiscriminatory Treatment to Products of KyrgyzstanPub. L. 106–200, title III, § 302, May 18, 2000, 114 Stat. 289, provided that:
“(a) Findings.—Congress makes the following findings:“(1) Kyrgyzstan has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.].
“(2) Since its independence from the Soviet Union in 1991, Kyrgyzstan has made great progress toward democratic rule and toward creating a free-market economic system.
“(3) Kyrgyzstan concluded a bilateral investment treaty with the United States in 1994.
“(4) Kyrgyzstan has demonstrated a strong desire to build a friendly and cooperative relationship with the United States.
“(5) The extension of unconditional normal trade relations treatment to the products of Kyrgyzstan will enable the United States to avail itself of all rights under the World Trade Organization with respect to Kyrgyzstan.
“(b) Termination of Application of Title IV of the Trade Act of 1974 to Kyrgyzstan.—“(1) Presidential determinations and extensions of nondiscriminatory treatment.—Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may—“(A) determine that such title should no longer apply to Kyrgyzstan; and
“(B) after making a determination under subparagraph (A) with respect to Kyrgyzstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.
“(2) Termination of application of title iv.—On or after the effective date of the extension under paragraph (1)(B) of nondiscriminatory treatment to the products of Kyrgyzstan [Nondiscriminatory treatment extended June 29, 2000, see Proc. No. 7326, listed in the table of presidential documents below.], title IV of the Trade Act of 1974 shall cease to apply to that country.”
Extension of Nondiscriminatory Treatment to Products of MongoliaPub. L. 106–36, title II, § 2424, June 25, 1999, 113 Stat. 180, provided that:
“(a) Findings.—The Congress finds that Mongolia—“(1) has received normal trade relations treatment since 1991 and has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.];
“(2) has emerged from nearly 70 years of communism and dependence on the former Soviet Union, approving a new constitution in 1992 which has established a modern parliamentary democracy charged with guaranteeing fundamental human rights, freedom of expression, and an independent judiciary;
“(3) has held four national elections under the new constitution, two presidential and two parliamentary, thereby solidifying the nation’s transition to democracy;
“(4) has undertaken significant market-based economic reforms, including privatization, the reduction of government subsidies, the elimination of most price controls and virtually all import tariffs, and the closing of insolvent banks;
“(5) has concluded a bilateral trade treaty with the United States in 1991, and a bilateral investment treaty in 1994;
“(6) has acceded to the Agreement Establishing the World Trade Organization, and extension of unconditional normal trade relations treatment to the products of Mongolia would enable the United States to avail itself of all rights under the World Trade Organization with respect to Mongolia; and
“(7) has demonstrated a strong desire to build friendly relationships and to cooperate fully with the United States on trade matters.
“(b) Termination of Application of Title IV of the Trade Act of 1974 to Mongolia.—“(1) Presidential determinations and extensions of nondiscriminatory treatment.—Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may—“(A) determine that such title should no longer apply to Mongolia; and
“(B) after making a determination under subparagraph (A) with respect to Mongolia, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.
“(2) Termination of application of title iv.—On or after the effective date of the extension under paragraph (1)(B) of nondiscriminatory treatment to the products of Mongolia [Nondiscriminatory treatment extended July 1, 1999, see Proc. No. 7207, listed in the table of presidential documents below.], title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.] shall cease to apply to that country.”
Extension of Nondiscriminatory Treatment to Products of RomaniaPub. L. 104–171, Aug. 3, 1996, 110 Stat. 1539, provided that:
Pub. L. 103–133, Nov. 2, 1993, 107 Stat. 1373, provided: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of Romania transmitted by the President to the Congress on July 2, 1993.”
Withdrawal of Most-Favored-Nation Status From Serbia and MontenegroPub. L. 102–420, Oct. 16, 1992, 106 Stat. 2149, provided that:
“(a) Findings.—The Congress finds that Serbia or Montenegro are not complying with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (also known as the ‘Helsinki Final Act’), particularly the provisions regarding human rights and humanitarian affairs and are not respecting minority rights in Kosovo and Vojvodina.
“(b) Withdrawal of MFN Status.—Except as provided in subsection (c), nondiscriminatory treatment shall not apply with respect to any goods that—“(1) are the product of Serbia or Montenegro; and
“(2) are entered into the customs territory of the United States on or after the 15th day after the date of the enactment of this Act [Oct. 16, 1992].
“(c) Restoration of Nondiscriminatory Treatment.—Notwithstanding subsection (b), the President may restore nondiscriminatory treatment to goods that are the product of Serbia or Montenegro, as the case may be, 30 days after he certifies to the Congress that Serbia or Montenegro, as the case may be—“(1) has ceased its armed conflict with the other ethnic peoples of the region formerly comprising the Socialist Federal Republic of Yugoslavia;
“(2) has agreed to respect the borders of the 6 republics that comprised the Socialist Federal Republic of Yugoslavia under the 1974 Yugoslav Constitution; and
“(3) has ceased all support of Serbian forces inside Bosnia-Hercegovina.”
Extension of Nondiscriminatory Treatment to Products of Republic of AlbaniaPub. L. 102–363, Aug. 26, 1992, 106 Stat. 969, provided: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of the Republic of Albania transmitted by the President to the Congress on June 16, 1992.”
Extension of Nondiscriminatory Treatment to Products of Union of Soviet Socialist RepublicsPub. L. 102–197, Dec. 9, 1991, 105 Stat. 1622, provided: “That the Congress approves the extension of nondiscriminatory treatment to the products of the Union of Soviet Socialist Republics transmitted by the President to the Congress on October 9, 1991.”
Extension of Nondiscriminatory Treatment to Products of Czechoslovakia and HungaryPub. L. 102–182, §§ 1, 2, Dec. 4, 1991, 105 Stat. 1233, provided that:
Extension of Nondiscriminatory Treatment to Products of Estonia, Latvia, and LithuaniaPub. L. 102–182, title I, Dec. 4, 1991, 105 Stat. 1235, provided that:
Extension of Nondiscriminatory Treatment to Products of BulgariaPub. L. 104–162, July 18, 1996, 110 Stat. 1414, provided that:
Pub. L. 102–158, Nov. 13, 1991, 105 Stat. 1041, provided: “That the Congress approves the extension of nondiscriminatory treatment to the products of the People’s Republic of Bulgaria transmitted by the President to the Congress on June 25, 1991.”
Extension of Nondiscriminatory Treatment to Products of Mongolian People’s RepublicPub. L. 102–157, Nov. 13, 1991, 105 Stat. 1040, provided: “That the Congress approves the extension of nondiscriminatory treatment to the products of the Mongolian People’s Republic transmitted by the President to the Congress on June 25, 1991.”
Extension of Nondiscriminatory Treatment to Products of CzechoslovakiaPub. L. 101–541, Nov. 8, 1990, 104 Stat. 2380, provided: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of Czechoslovakia transmitted by the President to the Congress on September 6, 1990.”
Authority of President To Deny and To Restore Nondiscriminatory Trade Treatment to Products of Afghanistan or To Deny or To Restore Credits, etc., to AfghanistanPub. L. 99–190, § 118, Dec. 19, 1985, 99 Stat. 1319, provided that:
“(a) Notwithstanding any other provision of law, the President is authorized—“(1) to deny nondiscriminatory (most-favored-nation) trade treatment to the products of Afghanistan and thereby cause such products to be subject to the rate of duty set forth in column number 2 of the Tariff Schedules of the United States, and
“(2) to deny credit, credit guarantees, and investment guarantees to, or for the benefit of, Afghanistan under any Federal program.
“(b) If the President has not denied nondiscriminatory trade treatment to the products of Afghanistan before the date that is 45 days after the date of enactment of this joint resolution [Dec. 19, 1985], the President shall submit to the Congress on such date a report which states the reasons why the President has not denied such treatment.
“(c) Notwithstanding any other provision of law, if the President takes any action under subsection (a), the President is authorized to—“(1) restore nondiscriminatory trade treatment to the products of Afghanistan, and
“(2) extend credit, credit guarantees, and investment guarantees to, or for the benefit of, Afghanistan under any Federal program. [sic]
only if the President provides written notice of such restoration or extension to the Congress at least 30 days prior to the date on which such restoration or extension takes effect.
“(d) For purposes of this joint resolution, the term ‘product of Afghanistan’ means any article which is grown, produced, or manufactured (in whole or in part) in Afghanistan.”
Similar provisions were contained in Pub. L. 99–190, § 101(i) [title V, § 552], Dec. 19, 1985, 99 Stat. 1291, 1314.
Extension of Nondiscriminatory Treatment to Products of Socialist Republic of Romania
S. Con. Res. 35, July 28, 1975, 89 Stat. 1202, provided: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of the Socialist Republic of Romania transmitted by the President to the Congress on April 25, 1975.”
Executive Documents
Presidential Documents Relating to Extension of Nondiscriminatory Trade Treatment
Afghanistan.—Proc. No. 7553, May 3, 2002, 67 F.R. 30535.
Determination of President of the United States, No. 93–3, Oct. 7, 1992, 57 F.R. 47557.
Proc. No. 5437, Jan. 31, 1986, 51 F.R. 4287.
Albania.—Proc. No. 7326, June 29, 2000, 65 F.R. 41547.
Determination of President of the United States, No. 96–44, Aug. 27, 1996, 61 F.R. 45859.
Proc. No. 6445, June 15, 1992, 57 F.R. 26921.
Determination of President of the United States, No. 92–33, June 15, 1992, 57 F.R. 28583.
Armenia.—Proc. No. 7860, Jan. 7, 2005, 70 F.R. 2321.
Determination of President of the United States, No. 96–47, Aug. 27, 1996, 61 F.R. 45865.
Belarus.—Determination of President of the United States, No. 96–15, Mar. 7, 1996, 61 F.R. 49935.
Bulgaria.—Proc. No. 6922, Sept. 27, 1996, 61 F.R. 51205.
Proc. No. 6307, June 24, 1991, 56 F.R. 29787.
Determination of President of the United States, No. 91–43, June 24, 1991, 56 F.R. 31037.
China.—Proc. No. 7516, Dec. 27, 2001, 67 F.R. 479.
Determination of President of the United States, No. 98–13, Jan. 30, 1998, 63 F.R. 5857.
Determination of President of the United States, No. 96–33, June 21, 1996, 61 F.R. 32631.
Determination of President of the United States, No. 92–12, Jan. 31, 1992, 57 F.R. 19077.
Memorandum of President of the United States, Dec. 19, 1988, 53 F.R. 51217.
Memorandum of President of the United States, Dec. 23, 1982, 47 F.R. 57653.
Proc. No. 4697, Oct. 23, 1979, 44 F.R. 61161.
Czechoslovakia.—Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865.
Determination of President of the United States, No. 92–21, Apr. 10, 1992, 57 F.R. 12863.
Proc. No. 6175, Sept. 6, 1990, 55 F.R. 37643.
Memorandum of President of the United States, Sept. 6, 1990, 55 F.R. 39259.
Georgia.—Proc. No. 7389, Dec. 29, 2000, 66 F.R. 703.
Determination of President of the United States, No. 96–49, Aug. 27, 1996, 61 F.R. 45869.
Hungary.—Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865.
Determination of President of the United States, No. 92–21, Apr. 10, 1992, 57 F.R. 12863.
Determination of President of the United States, No. 90–27, June 22, 1990, 55 F.R. 25945.
Determination of President of the United States, No. 87–15, June 23, 1987, 52 F.R. 23785.
Determination of President of the United States, No. 84–10, May 31, 1984, 49 F.R. 23025.
Determination of President of the United States, No. 81–9, June 2, 1981, 46 F.R. 29921.
Proc. No. 4560, Apr. 7, 1978, 43 F.R. 15125.
Kazakhstan.—Determination of President of the United States, No. 96–16, Mar. 7, 1996, 61 F.R. 49937.
Kyrgyzstan.—Proc. No. 7326, June 29, 2000, 65 F.R. 41547.
Determination of President of the United States, No. 96–45, Aug. 27, 1996, 61 F.R. 45861.
Moldova.—Proc. No. 8920, Dec. 20, 2012, 77 F.R. 76797.
Determination of President of the United States, No. 96–48, Aug. 27, 1996, 61 F.R. 45867.
Mongolia.—Proc. No. 7207, July 1, 1999, 64 F.R. 36549.
Proc. No. 6308, June 24, 1991, 56 F.R. 29834.
Determination of President of the United States, No. 91–44, June 24, 1991, 56 F.R. 31039.
Romania.—Proc. No. 6951, Nov. 7, 1996, 61 F.R. 58129.
Proc. No. 6577, July 2, 1993, 58 F.R. 36301.
Determination of President of the United States, No. 93–30, July 2, 1993, 58 F.R. 43785.
Proc. No. 6449, June 22, 1992, 57 F.R. 28033.
Determination of President of the United States, No. 92–34, June 22, 1992, 57 F.R. 30099.
Determination of President of the United States, No. 90–28, July 3, 1990, 55 F.R. 27797.
Determination of President of the United States, No. 87–16, June 24, 1987, 52 F.R. 23931.
Determination of President of the United States, No. 87–15, June 23, 1987, 52 F.R. 23785.
Determination of President of the United States, No. 84–10, May 31, 1984, 49 F.R. 23025.
Determination of President of the United States, No. 81–9, June 2, 1981, 46 F.R. 29921.
Proc. No. 4369, Apr. 24, 1975, 40 F.R. 18389.
Russia.—Proc. No. 8920, Dec. 20, 2012, 77 F.R. 76797.
Tajikistan.—Determination of President of the United States, No. 97–7, Nov. 26, 1996, 61 F.R. 63695.
Turkmenistan.—Determination of President of the United States, No. 97–5, Nov. 20, 1996, 61 F.R. 59303.
Ukraine.—Proc. No. 7995, Mar. 31, 2006, 71 F.R. 16969.
Determination of President of the United States, No. 96–46, Aug. 27, 1996, 61 F.R. 45863.
Union of Soviet Socialist Republics.—Proc. No. 6352, Oct. 9, 1991, 56 F.R. 51317.
Proc. No. 6320, Aug. 2, 1991, 56 F.R. 37407.
Determination of President of the United States, No. 91–47, Aug. 2, 1991, 56 F.R. 40741.
Uzbekistan.—Determination of President of the United States, No. 97–6, Nov. 26, 1996, 61 F.R. 63693.
Vietnam.—Proc. No. 8096, Dec. 29, 2006, 72 F.R. 451.
Determination of President of the United States, No. 2005–11, Dec. 10, 2004, 69 F.R. 76587.
Proc. No. 7449, June 8, 2001, 66 F.R. 31375.
Determination of President of the United States, No. 2001–18, June 8, 2001, 66 F.R. 34353.