---
kind: "section"
citation: "19 U.S.C. § 2136"
title: "19"
title_heading: "Customs Duties"
number: "2136"
heading: "Reciprocal nondiscriminatory treatment"
release: "119-102"
url: "https://uscodex.org/usc/19/2136"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter I — Negotiating and Other Authority"
  - "Part 2"
---

# §2136. Reciprocal nondiscriminatory treatment

- (a) **Direct and indirect imports—** Except as otherwise provided in this chapter or in any other provision of law, any [duty](/usc/19/2481.md?p=1) or [other import restriction](/usc/19/2481.md?p=2) or [duty](/usc/19/2481.md?p=1)-free treatment proclaimed in carrying out any [trade agreement](/usc/19/2504.md?p=c-4-A) under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.
- (b) **Presidential determination of whether major industrial countries have made substantially equivalent concessions to the United States—** The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975, whichever is earlier, whether any [major industrial country](/usc/19/2518.md?p=7) has failed to make concessions under [trade agreements](/usc/19/2504.md?p=c-4-A) entered into under this chapter which provide competitive opportunities for the [commerce](/usc/19/2481.md?p=10) of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under [trade agreements](/usc/19/2504.md?p=c-4-A) entered into under this chapter, for the [commerce](/usc/19/2481.md?p=10) of such country in the United States.
- (c) **Major industrial countries—** For purposes of this section, “[major industrial country](/usc/19/2518.md?p=7)” means Canada, the European Economic Community, the individual [member](/usc/19/2571.md?p=8) countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.

## Source credit

(Pub. L. 93–618, title I, § 126, Jan. 3, 1975, 88 Stat. 1992; Pub. L. 105–362, title XIV, § 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (b), 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.

### Amendments

1998—Subsecs. (c), (d). Pub. L. 105–362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.