---
kind: "section"
citation: "19 U.S.C. § 2904"
title: "19"
title_heading: "Customs Duties"
number: "2904"
heading: "Termination and reservation authority; reciprocal nondiscriminatory treatment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2904"
units:
  - "Chapter 17 — Negotiation and Implementation of Trade Agreements"
---

# §2904. Termination and reservation authority; reciprocal nondiscriminatory treatment

- (a) **In general—** For purposes of applying sections [2135](/usc/19/2135.md), [2136(a)](/usc/19/2136.md?p=a), and [2137](/usc/19/2137.md) of this title—
  - (1) any trade agreement entered into under [section 2902 of this title](/usc/19/2902.md) shall be treated as an agreement entered into under section [2111](/usc/19/2111.md) or [2112](/usc/19/2112.md), as appropriate, of this title; and
  - (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under [section 2902 of this title](/usc/19/2902.md) shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under [section 2112 of this title](/usc/19/2112.md).
- (b) **Reciprocal nondiscriminatory treatment—**
  - (1) The President shall determine, before June 1, 1993, whether any major industrial [country](/usc/19/1677.md?p=3) has failed to make concessions under trade agreements entered into under [section 2902(a)](/usc/19/2902.md?p=a) and (b) of this title which provide competitive opportunities for the commerce of the [United States](/usc/19/1683.md?p=9) in such [country](/usc/19/1677.md?p=3) substantially equivalent to the competitive opportunities, provided by concessions made by the [United States](/usc/19/1683.md?p=9) under trade agreements entered into under [section 2902(a)](/usc/19/2902.md?p=a) and (b) of this title, for the commerce of such [country](/usc/19/1677.md?p=3) in the [United States](/usc/19/1683.md?p=9).
  - (2) If the President determines under [paragraph (1)](#b-1) that a major industrial [country](/usc/19/1677.md?p=3) has not made concessions under trade agreements entered into under [section 2902(a)](/usc/19/2902.md?p=a) and (b) of this title which provide substantially equivalent competitive opportunities for the commerce of the [United States](/usc/19/1683.md?p=9), the President shall, either generally with respect to such [country](/usc/19/1677.md?p=3) or by article produced by such [country](/usc/19/1677.md?p=3), in order to restore equivalence of competitive opportunities, recommend to the Congress—
    - (A) legislation providing for the termination or denial of the benefits of concessions of trade agreements entered into under [section 2902(a)](/usc/19/2902.md?p=a) and (b) of this title that have been made with respect to rates of duty or other import restrictions imposed by the [United States](/usc/19/1683.md?p=9), and
    - (B) legislation providing that any law necessary to carry out any trade agreement under [section 2902(a)](/usc/19/2902.md?p=a) or (b) of this title not apply to such [country](/usc/19/1677.md?p=3).
  - (3) For purposes of this subsection, the term “major industrial [country](/usc/19/1677.md?p=3)” means Canada, the European Communities, the individual member [countries](/usc/19/1677.md?p=3) of the European Communities, Japan, and any other [foreign country](/usc/19/2906.md?p=2) designated by the President for purposes of this subsection.

## Source credit

(Pub. L. 100–418, title I, § 1105, Aug. 23, 1988, 102 Stat. 1132.)