Trade Act of 1974
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The Trade Act of 1974 (, codified at 19 U.S.C. ch.12—Trade Act of 1974
/ref>) was passed to help industry in the
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become more competitive or phase workers into other industries or occupations.


Fast track authority

The Trade Act of 1974 created
fast track The fast track is an informal English term meaning "the quickest and most direct route to achievement of a goal, as in competing for professional advancement". By definition, it implies that a less direct, slower route also exists. Fast track or F ...
authority for the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
to negotiate trade agreements that
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
can approve or disapprove but cannot amend or
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
. The Act provided the President with tariff and non-tariff trade barrier negotiating authority for the
Tokyo Round The Tokyo Round was a multi-year multilateral trade negotiation (MTN) between 102 nation-states that were parties to the GATT. The negotiations resulted in reduced tariffs and established new regulations aimed at controlling the proliferation of ...
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, was renewed again in 1988 until 1993 to allow for the negotiation of the
Uruguay Round 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 R ...
within the framework of the
General Agreement on Tariffs and Trade 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 pre ...
(GATT), and was again extended to 16 April 1994, a day after the Uruguay Round concluded in the
Marrakech Agreement The Marrakesh Agreement, manifested by the Marrakesh Declaration, was an agreement signed in Marrakesh, Morocco, by 123 nations on 15 April 1994, marking the culmination of the 8-year-long Uruguay Round and establishing the World Trade Organi ...
transforming the GATT into the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...
(WTO). It was restored in 2002 by the
Trade Act of 2002 The Trade Act of 2002 (; ; ''U.S. Trade Promotion Authority Act'') 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 ...
. 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. *Section 135 of the Act provides for the establishment of the Labor Advisory Committee for Trade Negotiations and Trade Policy (LAC) whose duty is to provide advice and information to the Office of the United States Trade Representative (USTR) and the
Secretary of Labor The United States Secretary of Labor is a member of the Cabinet of the United States, and as the head of the United States Department of Labor, controls the department, and enforces and suggests laws involving unions, the workplace, and all ot ...
regarding the U.S.'s negotiating objectives and bargaining positions before the nation enters into trade agreements with foreign countries. LAC is to meet on any trade agreement and provide a report to the President, the Congress, and the Office of the USTR at the conclusion of negotiations. *
Section 201 Section 201, as referred to in shorthand, is a section of the Trade Act of 1974 (P.L. 93-618) that permits the President to grant temporary import relief, by raising import duties or imposing nontariff barriers on goods entering the United States th ...
of the Act requires the
International Trade Commission The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...
to investigate petitions filed by domestic industries or workers claiming injury or threat of injury due to expanding imports. Investigations must be completed within 6 months. If such injury is found, restrictive measures may be implemented. Action under Section 201 is allowed under the GATT escape clause, GATT Article XIX. *
Section 301 Section 301 of the U.S. Trade Act of 1974 (19U.S.C.br>§ 2411 last amended March 23, 2018) authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, poli ...
was designed to eliminate unfair foreign trade practices that adversely affect U.S. trade and investment in both goods and services. Under Section 301, the President must determine whether the alleged practices are unjustifiable, unreasonable, or discriminatory and burden or restrict U.S. commerce. If the President determines that action is necessary, the law directs that all appropriate and feasible action within the President’s power should be taken to secure the elimination of the practice. A
Special 301 Report 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 ...
is prepared annually by the Office of the USTR which must identify a list of " Priority Foreign Countries", those countries judged to have inadequate intellectual property laws; these countries may be subject to sanctions. This has been issued every year beginning in 1989 since the enactment of the
Omnibus Foreign Trade and Competitiveness Act The Omnibus Foreign Trade and Competitiveness Act of 1988 is an act passed by the United States Congress and signed into law by President Ronald Reagan. History During the 1970s, the U.S. trade surplus slowly diminished and turned into an in ...
of 1988 and the
Uruguay Round Agreements Act The Uruguay Round Agreements Act (URAA; ) 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 ...
(enacted in 1994).Knowledge Ecology International. "The US Special 301 Reports, 1989-2012". Accessible a

/ref> (See also
China–United States trade war The China–United States trade war () is an ongoing economic conflict between the People's Republic of China and the United States of America. In January 2018, U.S. President Donald Trump began setting tariffs and other trade barriers on Chin ...
.)


See also

*
Trade Expansion Act The Trade Expansion Act of 1962 (, codified at ) is an American trade law. Section 232 of the Act permits the President to impose tariffs based on a recommendation by the U.S. Secretary of Commerce if "an article is being imported into the Unite ...
* Smoot-Hawley Tariff Act *
Trade Agreements Act of 1979 The Trade Agreements Act of 1979 (TAA), , codified at (), 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 ...


References


External links


Trade Act of 1974PDFdetails
as amended in the
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br>Statute Compilations collection
{{DEFAULTSORT:Trade Act Of 1974 United States federal trade legislation 1974 in American law 1974 in the United States 1974 in international relations Foreign trade of the United States January 1975 events in the United States