---
kind: "section"
citation: "19 U.S.C. § 3512"
title: "19"
title_heading: "Customs Duties"
number: "3512"
heading: "Relationship of agreements to United States law and State law"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3512"
units:
  - "Chapter 22 — Uruguay Round Trade Agreements"
  - "Subchapter I — Approval of, and General Provisions Relating to, Uruguay Round Agreements"
  - "Part A — Approval of Agreements and Related Provisions"
---

# §3512. Relationship of agreements to United States law and State law

- (a) **Relationship of agreements to United States law—**
  - (1) **United States law to prevail in conflict—** No provision of any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), nor the application of any such provision to any [person](/usc/19/1683.md?p=8) or circumstance, that is inconsistent with any law of the [United States](/usc/19/1683.md?p=9) shall have effect.
  - (2) **Construction—** Nothing in this Act shall be construed—
    - (A) to amend or modify any law of the [United States](/usc/19/1683.md?p=9), including any law relating to—
      - (i) the protection of human, [animal](/usc/19/2575b.md?p=1), or [plant](/usc/19/2575b.md?p=5) life or health,
      - (ii) the protection of the environment, or
      - (iii) worker safety, or
    - (B) to limit any authority conferred under any law of the [United States](/usc/19/1683.md?p=9), including [section 2411 of this title](/usc/19/2411.md),

    unless specifically provided for in this Act.

- (b) **Relationship of agreements to State law—**
  - (1) **Federal-State consultation—**
    - (A) **In general—** On December 8, 1994, the President shall, through the intergovernmental policy advisory committees on trade established under [section 2114c(2)(A) of this title](/usc/19/2114c.md?p=2-A), consult with the [States](/usc/19/2577.md?p=2) for the purpose of achieving conformity of [State](/usc/19/2577.md?p=2) laws and practices with the [Uruguay Round Agreements](/usc/19/3501.md?p=7).
    - (B) **Federal-State consultation process—** The [Trade Representative](/usc/19/3501.md?p=6) shall establish within the Office of the [United States](/usc/19/1683.md?p=9) [Trade Representative](/usc/19/3501.md?p=6) a Federal-[State](/usc/19/2577.md?p=2) consultation process for addressing issues relating to the [Uruguay Round Agreements](/usc/19/3501.md?p=7) that directly relate to, or will potentially have a direct effect on, the [States](/usc/19/2577.md?p=2). The Federal-[State](/usc/19/2577.md?p=2) consultation process shall include procedures under which—
      - (i) the [States](/usc/19/2577.md?p=2) will be informed on a continuing basis of matters under the [Uruguay Round Agreements](/usc/19/3501.md?p=7) that directly relate to, or will potentially have a direct impact on, the [States](/usc/19/2577.md?p=2);
      - (ii) the [States](/usc/19/2577.md?p=2) will be provided an opportunity to submit, on a continuing basis, to the [Trade Representative](/usc/19/3501.md?p=6) information and advice with respect to matters referred to in [clause (i)](#b-1-B-i); and
      - (iii) the [Trade Representative](/usc/19/3501.md?p=6) will take into account the information and advice received from the [States](/usc/19/2577.md?p=2) under [clause (ii)](#b-1-B-ii) when formulating [United States](/usc/19/1683.md?p=9) positions regarding matters referred to in [clause (i)](#b-1-B-i).

      [Chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply to the Federal-[State](/usc/19/2577.md?p=2) consultation process established by this paragraph.

    - (C) **Federal-State cooperation in WTO dispute settlement—**
      - (i) When a [WTO member](/usc/19/3501.md?p=10) requests consultations with the [United States](/usc/19/1683.md?p=9) under Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in [section 3511(d)(16) of this title](/usc/19/3511.md?p=d-16) (hereafter in this subsection referred to as the “[Dispute Settlement Understanding](/usc/19/3531.md?p=6)”) concerning whether the law of a [State](/usc/19/2577.md?p=2) is inconsistent with the obligations undertaken by the [United States](/usc/19/1683.md?p=9) in any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), the [Trade Representative](/usc/19/3501.md?p=6) shall notify the Governor of the [State](/usc/19/2577.md?p=2) or the Governor’s designee, and the chief legal officer of the jurisdiction whose law is the subject of the consultations, as soon as possible after the request is received, but in no event later than 7 days thereafter.
      - (ii) Not later than 30 days after receiving such a request for consultations, the [Trade Representative](/usc/19/3501.md?p=6) shall consult with representatives of the [State](/usc/19/2577.md?p=2) concerned regarding the matter. If the consultations involve the laws of a large number of [States](/usc/19/2577.md?p=2), the [Trade Representative](/usc/19/3501.md?p=6) may consult with an appropriate group of representatives of the [States](/usc/19/2577.md?p=2) concerned, as determined by those [States](/usc/19/2577.md?p=2).
      - (iii) The [Trade Representative](/usc/19/3501.md?p=6) shall make every effort to ensure that the [State](/usc/19/2577.md?p=2) concerned is involved in the development of the position of the [United States](/usc/19/1683.md?p=9) at each stage of the consultations and each subsequent stage of dispute settlement proceedings regarding the matter. In particular, the [Trade Representative](/usc/19/3501.md?p=6) shall—
        - (I) notify the [State](/usc/19/2577.md?p=2) concerned not later than 7 days after a [WTO member](/usc/19/3501.md?p=10) requests the establishment of a [dispute settlement panel](/usc/19/3531.md?p=4) or gives notice of the [WTO member](/usc/19/3501.md?p=10)’s decision to appeal a report by a [dispute settlement panel](/usc/19/3531.md?p=4) regarding the matter; and
        - (II) provide the [State](/usc/19/2577.md?p=2) concerned with the opportunity to advise and assist the [Trade Representative](/usc/19/3501.md?p=6) in the preparation of factual information and argumentation for any written or oral presentations by the [United States](/usc/19/1683.md?p=9) in consultations or in proceedings of a [panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) regarding the matter.
      - (iv) If a [dispute settlement panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) finds that the law of a [State](/usc/19/2577.md?p=2) is inconsistent with any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), the [Trade Representative](/usc/19/3501.md?p=6) shall consult with the [State](/usc/19/2577.md?p=2) concerned in an effort to develop a mutually agreeable response to the report of the [panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) and shall make every effort to ensure that the [State](/usc/19/2577.md?p=2) concerned is involved in the development of the [United States](/usc/19/1683.md?p=9) position regarding the response.
    - (D) **Notice to States regarding consultations on foreign subcentral government laws—**
      - (i) Subject to [clause (ii)](#b-1-D-ii), the [Trade Representative](/usc/19/3501.md?p=6) shall, at least 30 days before making a request for consultations under Article 4 of the [Dispute Settlement Understanding](/usc/19/3531.md?p=6) regarding a subcentral government measure of another [WTO member](/usc/19/3501.md?p=10), notify, and solicit the views of, appropriate representatives of each [State](/usc/19/2577.md?p=2) regarding the matter.
      - (ii) In exigent circumstances [clause (i)](#b-1-D-i) shall not apply, in which case the [Trade Representative](/usc/19/3501.md?p=6) shall notify the appropriate representatives of each [State](/usc/19/2577.md?p=2) not later than 3 days after making the request for consultations referred to in [clause (i)](#b-1-D-i).
  - (2) **Legal challenge—**
    - (A) **In general—** No [State](/usc/19/2577.md?p=2) law, or the application of such a [State](/usc/19/2577.md?p=2) law, may be declared invalid as to any [person](/usc/19/1683.md?p=8) or circumstance on the ground that the provision or application is inconsistent with any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), except in an action brought by the [United States](/usc/19/1683.md?p=9) for the purpose of declaring such law or application invalid.
    - (B) **Procedures governing action—** In any action described in [subparagraph (A)](#b-2-A) that is brought by the [United States](/usc/19/1683.md?p=9) against a [State](/usc/19/2577.md?p=2) or any subdivision thereof—
      - (i) a report of a [dispute settlement panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) convened under the [Dispute Settlement Understanding](/usc/19/3531.md?p=6) regarding the [State](/usc/19/2577.md?p=2) law, or the law of any political subdivision thereof, shall not be considered as binding or otherwise accorded deference;
      - (ii) the [United States](/usc/19/1683.md?p=9) shall have the burden of proving that the law that is the subject of the action, or the application of that law, is inconsistent with the agreement in question;
      - (iii) any [State](/usc/19/2577.md?p=2) whose interests may be impaired or impeded in the action shall have the unconditional right to intervene in the action as a party, and the [United States](/usc/19/1683.md?p=9) shall be entitled to amend its complaint to include a claim or cross-claim concerning the law of a [State](/usc/19/2577.md?p=2) that so intervenes; and
      - (iv) any [State](/usc/19/2577.md?p=2) law that is declared invalid shall not be deemed to have been invalid in its application during any period before the court’s judgment becomes final and all timely appeals, including discretionary review, of such judgment are exhausted.
    - (C) **Reports to congressional committees—** At least 30 days before the [United States](/usc/19/1683.md?p=9) brings an action described in [subparagraph (A)](#b-2-A), the [Trade Representative](/usc/19/3501.md?p=6) shall provide a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
      - (i) describing the proposed action;
      - (ii) describing efforts by the [Trade Representative](/usc/19/3501.md?p=6) to resolve the matter with the [State](/usc/19/2577.md?p=2) concerned by other means; and
      - (iii) if the [State](/usc/19/2577.md?p=2) law was the subject of consultations under the [Dispute Settlement Understanding](/usc/19/3531.md?p=6), certifying that the [Trade Representative](/usc/19/3501.md?p=6) has substantially complied with the requirements of [paragraph (1)(C)](#b-1-C) in connection with the matter.

    Following the submission of the report, and before the action is brought, the [Trade Representative](/usc/19/3501.md?p=6) shall consult with the committees referred to in the preceding sentence concerning the matter.

  - (3) **“State law” defined—** For purposes of this subsection—
    - (A) the term “[State](/usc/19/2577.md?p=2) law” includes—
      - (i) any law of a political subdivision of a [State](/usc/19/2577.md?p=2); and
      - (ii) any [State](/usc/19/2577.md?p=2) law regulating or taxing the business of insurance; and
    - (B) the terms “[dispute settlement panel](/usc/19/3531.md?p=4)” and “[Appellate Body](/usc/19/3531.md?p=2)” have the meanings given those terms in [section 3531 of this title](/usc/19/3531.md).
- (c) **Effect of agreement with respect to private remedies—**
  - (1) **Limitations—** No [person](/usc/19/1683.md?p=8) other than the [United States](/usc/19/1683.md?p=9)—
    - (A) shall have any cause of action or defense under any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7) or by virtue of congressional approval of such an agreement, or
    - (B) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the [United States](/usc/19/1683.md?p=9), any [State](/usc/19/2577.md?p=2), or any political subdivision of a [State](/usc/19/2577.md?p=2) on the ground that such action or inaction is inconsistent with such agreement.
  - (2) **Intent of Congress—** It is the intention of the Congress through [paragraph (1)](#c-1) to occupy the field with respect to any cause of action or defense under or in connection with any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), including by precluding any [person](/usc/19/1683.md?p=8) other than the [United States](/usc/19/1683.md?p=9) from bringing any action against any [State](/usc/19/2577.md?p=2) or political subdivision thereof or raising any defense to the application of [State](/usc/19/2577.md?p=2) law under or in connection with any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7)—
    - (A) on the basis of a judgment obtained by the [United States](/usc/19/1683.md?p=9) in an action brought under any such agreement; or
    - (B) on any other basis.
- (d) **Statement of administrative action—** The statement of administrative action approved by the Congress under [section 3511(a) of this title](/usc/19/3511.md?p=a) shall be regarded as an authoritative expression by the [United States](/usc/19/1683.md?p=9) concerning the interpretation and application of the [Uruguay Round Agreements](/usc/19/3501.md?p=7) and this Act in any judicial proceeding in which a question arises concerning such interpretation or application.

## Source credit

(Pub. L. 103–465, title I, § 102, Dec. 8, 1994, 108 Stat. 4815; Pub. L. 117–286, § 4(a)(142), Dec. 27, 2022, 136 Stat. 4321.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (a)(2) and (d), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of this title and Tables.

### Amendments

2022—Subsec. (b)(1)(B). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in concluding provisions.