---
kind: "section"
citation: "19 U.S.C. § 2134"
title: "19"
title_heading: "Customs Duties"
number: "2134"
heading: "Two-year residual authority to negotiate duties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2134"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter I — Negotiating and Other Authority"
  - "Part 2"
---

# §2134. Two-year residual authority to negotiate duties

- (a) **Trade agreements—** Whenever the President determines that any [existing](/usc/19/2481.md?p=7) [duties](/usc/19/2481.md?p=1) or [other import restrictions](/usc/19/2481.md?p=2) of any foreign [country](/usc/19/1677.md?p=3) or the [United States](/usc/19/2319.md?p=8) are unduly burdening and restricting the foreign trade of the [United States](/usc/19/2319.md?p=8) and that the purposes of this chapter will be promoted thereby, the President—
  - (1) may enter into trade agreements with foreign [countries](/usc/19/1677.md?p=3) or instrumentalities thereof, and
  - (2) may proclaim such [modification](/usc/19/2481.md?p=6) or continuance of any [existing](/usc/19/2481.md?p=7) [duty](/usc/19/2481.md?p=1), such continuance of [existing](/usc/19/2481.md?p=7) [duty](/usc/19/2481.md?p=1)-free or excise treatment, or such additional [duties](/usc/19/2481.md?p=1), as he determines to be required or appropriate to carry out any such trade agreement.
- (b) **Maximum volume of imported articles subject to reduction of duties or continuance of duty-free or excise treatment—** Agreements entered into under this section in any 1-year period shall not provide for the reduction of [duties](/usc/19/2481.md?p=1), or the continuance of [duty](/usc/19/2481.md?p=1)-free or excise treatment, for articles which account for more than 2 percent of the value of [United States](/usc/19/2319.md?p=8) imports for the most recent 12-month period for which import statistics are available.
- (c) **Maximum reduction in duties—**
  - (1) No proclamation shall be made pursuant to [subsection (a)](#a) decreasing any rate of [duty](/usc/19/2481.md?p=1) to a rate which is less than 80 percent of the [existing](/usc/19/2481.md?p=7) rate of [duty](/usc/19/2481.md?p=1).
  - (2) No proclamation shall be made pursuant to [subsection (a)](#a) decreasing or increasing any rate of [duty](/usc/19/2481.md?p=1) to a rate which is lower or higher than the corresponding rate which would have resulted if the maximum authority granted by [section 2111 of this title](/usc/19/2111.md) with respect to such article had been exercised.
  - (3) Where the rate of [duty](/usc/19/2481.md?p=1) in effect at any time is an intermediate stage under [section 2119 of this title](/usc/19/2119.md), the proclamation made pursuant to [subsection (a)](#a) may provide for the reduction of each rate of [duty](/usc/19/2481.md?p=1) at each such stage proclaimed under [section 2111 of this title](/usc/19/2111.md) by not more than 20 percent of such rate of [duty](/usc/19/2481.md?p=1), and, subject to the limitation in [paragraph (2)](#c-2), may provide for a final rate of [duty](/usc/19/2481.md?p=1) which is not less than 80 percent of the rate of [duty](/usc/19/2481.md?p=1) proclaimed as the final stage under [section 2111 of this title](/usc/19/2111.md).
  - (4) If the President determines that such action will simplify the computation of the amount of [duty](/usc/19/2481.md?p=1) imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
    - (A) the difference between such limitation and the next lower whole number, or
    - (B) one-half of 1 percent [ad valorem](/usc/19/2481.md?p=3).
- (d) **Two-year period of authority—** Agreements may be entered into under this section only during the 2-year period which immediately follows the close of the period during which agreements may be entered into under [section 2111 of this title](/usc/19/2111.md).

## Source credit

(Pub. L. 93–618, title I, § 124, Jan. 3, 1975, 88 Stat. 1990.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.