---
kind: "section"
citation: "19 U.S.C. § 2151"
title: "19"
title_heading: "Customs Duties"
number: "2151"
heading: "Advice from International Trade Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2151"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter I — Negotiating and Other Authority"
  - "Part 3"
---

# §2151. Advice from International Trade Commission

- (a) **Lists of articles which may be considered for action—**
  - (1) In connection with any proposed trade agreement under [section 2133 of this title](/usc/19/2133.md) or subsection (a) or (b) of [section 4202 of this title](/usc/19/4202.md), the President shall from time to time publish and furnish the International Trade [Commission](/usc/19/1677.md?p=2) (hereafter in this section referred to as the “[Commission](/usc/19/1677.md?p=2)”) with lists of articles which may be considered for [modification](/usc/19/2481.md?p=6) or continuance of [United States](/usc/19/2319.md?p=8) [duties](/usc/19/2481.md?p=1), continuance of [United States](/usc/19/2319.md?p=8) [duty](/usc/19/2481.md?p=1)-free or excise treatment, or additional [duties](/usc/19/2481.md?p=1). In the case of any article with respect to which consideration may be given to reducing or increasing the rate of [duty](/usc/19/2481.md?p=1), the list shall specify the provision of this subchapter under which such consideration may be given.
  - (2) In connection with any proposed trade agreement under [section 4202(b) of this title](/usc/19/4202.md?p=b), the President may from time to time publish and furnish the [Commission](/usc/19/1677.md?p=2) with lists of nontariff matters which may be considered for [modification](/usc/19/2481.md?p=6).
- (b) **Advice to President by Commission—** Within 6 months after receipt of a list under [subsection (a)](#a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the [Commission](/usc/19/1677.md?p=2) shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of [modification](/usc/19/2481.md?p=6) of the tariff or nontariff measure on [industries](/usc/19/1677.md?p=4-A) producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such [modifications](/usc/19/2481.md?p=6) on [United States](/usc/19/2319.md?p=8) interests, such as sectors involved in manufacturing, agriculture, mining, fishing, [services](/usc/19/2576b.md?p=4), intellectual property, investment, labor, and consumers. Such advice may include in the case of any article the advice of the [Commission](/usc/19/1677.md?p=2) as to whether any reduction in the rate of [duty](/usc/19/2481.md?p=1) should take place over a longer period of time than the minimum period provided for in [section 4202(a)(4)(A) of this title](/usc/19/4202.md?p=a-4-A).
- (c) **Additional investigations and reports requested by President or Trade Representative—** In addition, in order to assist the President in his determination whether to enter into any agreement under [section 2133 of this title](/usc/19/2133.md) or [section 4202(a) of this title](/usc/19/4202.md?p=a), or how to develop trade policy, priorities or other matters (such as priorities for actions to improve opportunities in foreign markets), the [Commission](/usc/19/1677.md?p=2) shall make such investigations and reports as may be requested by the President or the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32) on matters such as effects of [modification](/usc/19/2481.md?p=6) of any barrier to (or other distortion of) international trade on domestic workers, [industries](/usc/19/1677.md?p=4-A) or sectors, purchasers, prices and quantities of articles in the [United States](/usc/19/2319.md?p=8).
- (d) **Commission steps in preparing its advice to President—** In preparing its advice to the President under this section, the [Commission](/usc/19/1677.md?p=2) shall to the extent practicable—
  - (1) investigate conditions, causes, and effects relating to competition between the foreign [industries](/usc/19/1677.md?p=4-A) producing the articles or [services](/usc/19/2576b.md?p=4) in question and the domestic [industries](/usc/19/1677.md?p=4-A) producing the like or directly competitive articles or [services](/usc/19/2576b.md?p=4);
  - (2) analyze the production, trade, and consumption of each like or directly competitive article or [service](/usc/19/2576b.md?p=4), taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic [industries](/usc/19/1677.md?p=4-A) concerned, and such other economic factors in such [industries](/usc/19/1677.md?p=4-A) as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production;
  - (3) describe the probable nature and extent of any significant change in employment, profit levels, and use of productive facilities; the overall impact of such or other possible changes on the competitiveness of relevant domestic [industries](/usc/19/1677.md?p=4-A) or sectors; and such other conditions as it deems relevant in the domestic [industries](/usc/19/1677.md?p=4-A) or sectors concerned which it believes such [modifications](/usc/19/2481.md?p=6) would cause; and
  - (4) make special studies (including studies of real wages paid in foreign supplying [countries](/usc/19/1677.md?p=3)), whenever deemed to be warranted, of particular proposed [modifications](/usc/19/2481.md?p=6) affecting [United States](/usc/19/2319.md?p=8) manufacturing, agriculture, mining, fishing, labor, consumers, [services](/usc/19/2576b.md?p=4), intellectual property and investment, using to the fullest extent practicable [United States](/usc/19/2319.md?p=8) Government facilities abroad and appropriate personnel of the [United States](/usc/19/2319.md?p=8).
- (e) **Public hearings—** In preparing its advice to the President under this section, the [Commission](/usc/19/1677.md?p=2) shall, after reasonable notice, hold public hearings.

## Source credit

(Pub. L. 93–618, title I, § 131, Jan. 3, 1975, 88 Stat. 1994; Pub. L. 100–418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 107–210, div. B, title XXI, § 2110(a)(2), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 114–26, title I, § 110(a)(1), June 29, 2015, 129 Stat. 357.)

## Notes

### Editorial Notes

### Amendments

2015—Subsec. (a)(1). Pub. L. 114–26, § 110(a)(1)(A)(i), substituted “subsection (a) or (b) of section 4202 of this title” for “section 3803(a) or (b) of this title”.

Subsec. (a)(2). Pub. L. 114–26, § 110(a)(1)(A)(ii), substituted “section 4202(b) of this title” for “section 3803(b) of this title”.

Subsec. (b). Pub. L. 114–26, § 110(a)(1)(B), substituted “section 4202(a)(4)(A) of this title” for “section 3803(a)(3)(A) of this title”.

Subsec. (c). Pub. L. 114–26, § 110(a)(1)(C), substituted “section 4202(a) of this title” for “section 3803 of this title”.

2002—Subsec. (a)(1). Pub. L. 107–210, § 2110(a)(2)(A)(i), substituted “section 2133 of this title or section 3803(a) or (b) of this title,” for “section 2133 of this title or section 2902(a) or (c) of this title,”.

Subsec. (a)(2). Pub. L. 107–210, § 2110(a)(2)(A)(ii), substituted “section 3803(b) of this title” for “section 2902(b) or (c) of this title”.

Subsec. (b). Pub. L. 107–210, § 2110(a)(2)(B), substituted “section 3803(a)(3)(A) of this title” for “section 2902(a)(3)(A) of this title”.

Subsec. (c). Pub. L. 107–210, § 2110(a)(2)(C), substituted “section 3803 of this title,” for “section 2902 of this title,”.

1988—Pub. L. 100–418 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), lists of articles which could be considered for modification or continuance of duties, duty-free or excise treatment, or additional duties; in subsec. (b), advice to President following receipt of list by Commission; in subsec. (c), additional investigations and reports requested by President; in subsec. (d), Commission steps in preparing its advice to President; and in subsec. (e), public hearings.

### Executive Documents

### Delegation of Authority

For delegation of functions of President under div. B of Pub. L. 107–210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.