Page:United States Statutes at Large Volume 93.djvu/274

 93 STAT. 242

PUBLIC LAW 96-39—JULY 26, 1979

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(1) the authority of the President to grant waivers under section 303 shall be effective on January 1, 1980; and (2) the authority of the President to grant waivers under section 301 shall be effective on January 1, 1981. TITLE IV—TECHNICAL BARRIERS TO TRADE (STANDARDS) Subtitle A—Obligations of the United States

19 USC 2531.

19 USC 2532.

SEC. 401. CERTAIN STANDARDS-RELATED ACTIVITIES. Nothing in this title may be construed as prohibiting any private person, Federal agency, or State agency from engaging in standardsrelated activities that do not create unnecessary obstacles to the foreign commerce of the United States. No standards-related activity of any private person, Federal agency, or State agency shall be deemed to constitute an unnecessary obstacle to the foreign commerce of the United States if the demonstrable purpose of the standards-related activity is to achieve a legitimate domestic objective including, but not limited to, the protection of legitimate health or safety, essential security, environmental, or consumer interests and if such activity does not operate to exclude imported products which fully meet the objectives of such activity. SEC. 402. FEDERAL STANDARDS-RELATED ACTIVITIES. No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements: (1) NONDISCRIMINATORY TREATMENT.—Each Federal agency

shall ensure, in applying standards-related activities with respect to any imported product, that such product is treated no less favorably than are like domestic or imported products, including, but not limited to, when applying tests or test methods, no less favorable treatment with respect to— (A) the acceptance of the product for testing in comparable situations; (B) the administration of the tests in comparable situations; (C) the fees charged for tests; (D) the release of test results to the exporter, importer, or agents; (E) the siting of testing facilities and the selection of samples for testing; and (F) the treatment of confidential information pertaining to the product. (2) USE OF INTERNATIONAL STANDARDS.—

(A) IN GENERAL.—Except as provided in subparagraph (B)(ii), each Federal agency, in developing standards, shall take into consideration international standards and shall, if appropriate, base the standards on international standards. (B) APPLICATION OF REQUIREMENT.—For purposes of this paragraph, the following apply: (i) INTERNATIONAL STANDARDS NOT APPROPRIATE.—The

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reasons for which the basing of a standard on an international standard may not be appropriate include, but are not limited to, the following: (I) National security requirements.

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