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19 U.S.C. § 3108 — Consultations

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19 U.S.C. § 3108 — Consultations

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Stable record: federal_law:legal_authorities:record_usc_ef8be14a774931051dc526a7
Source file: Laws/federal/codes/united-states-code/title-19/section-3108-consultations--2a11fb4144.md
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Source location: Title 19, Chapter 19, § 3108; chapter-019-telecommunications-trade.md

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**(a) Advice from departments and agencies** Prior to taking any action under this chapter, the President shall seek information and advice from the interagency trade organization established under [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim). **(b) Advice from private sector** Before— (1) the Trade Representative concludes the investigation conducted under [section 3103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/a&num=0&edition=prelim) or takes action under [section 3103(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/c&num=0&edition=prelim), (2) the President establishes specific negotiating objectives under [section 3104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b&num=0&edition=prelim) with respect to any foreign country, or (3) the President takes action under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3105&num=0&edition=prelim), the Trade Representative shall provide an opportunity for the presentation of views by any interested party with respect to such investigation, objectives, or action, including appropriate committees established pursuant to [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim). **(c) Consultations with Congress and official advisors** For purposes of conducting negotiations under [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/a&num=0&edition=prelim), the Trade Representative shall keep appropriate committees of the Congress, as well as appropriate committees established pursuant to [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim), currently informed with respect to— (1) the negotiating priorities and objectives for each priority foreign country; (2) the assessment of negotiating prospects, both bilateral and multilateral; and (3) any United States concessions which might be included in negotiations to achieve the objectives described in subsections (c) and (d) of [section 3104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104&num=0&edition=prelim). **(d) Modification of specific negotiating objectives** Before the President takes any action under [section 3104(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b/2/A&num=0&edition=prelim) to refine or modify specific negotiating objectives, the President shall consult with the Congress and with members of the industry, and representatives of labor, affected by the proposed refinement or modification.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2155 — Public hearings

**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities. **(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3105 — Actions to be taken if no agreement obtained

**(a) In general** (1) If the President is unable, before the close of the negotiating period, to enter into an agreement under subtitle A with any priority foreign country identified under [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103&num=0&edition=prelim) which achieves the general negotiating objectives described in [section 3104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3104/b&num=0&edition=prelim) as defined by the specific objectives established by the President for that country, the President shall take whatever actions authorized under subsection (b) that are appropriate and most likely to achieve such general negotiating objectives. (2) In taking actions under paragraph (1), the President shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1). **(b) Actions authorized** (1) The President is authorized to take any of the following actions under subsection (a) with respect to any priority foreign country: (A) termination, withdrawal, or suspension of any portion of any trade agreement entered into with such country under— (i) the Trade Act of 1974 [[19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.], (ii) [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821&num=0&edition=prelim), or (iii) [section 1351 of th

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3104 — Negotiations in response to investigation

**(a) In general** Upon— (1) the date that is 30 days after the date on which any foreign country is identified in the investigation conducted under [section 3103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/a&num=0&edition=prelim) as a priority foreign country, and (2) the date on which any foreign country is identified under [section 3103(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3103/c/1/B&num=0&edition=prelim) as a priority foreign country, the President shall enter into negotiations with such priority foreign country for the purpose of entering into a bilateral or multilateral trade agreement under chapter 17 of this title which meets the specific negotiating objectives established by the President under subsection (b) for such priority foreign country. **(b) Establishment of specific negotiating objectives for each foreign priority country** (1) The President shall establish such relevant specific negotiating objectives on a country-by-country basis as are necessary to meet the general negotiating objectives of the United States under this section. (2) (A) The President may refine or modify specific negotiating objectives for particular negotiations in order to respond to circumstances arising during the negotiating period, including— (i) changed practices by the priority foreign country, (ii) tangible substantive developments in multilateral negotiations, (iii) changes in competitive positions, technological developments, or (iv) other relevant factors. (B) By no later than the date that is 30 days after the date on which the President makes any modifications or refinements to specific negotiating objectives under subparag

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3108 — Consultations

Page 832 TITLE 19—CUSTOMS DUTIES § 3107 that actions against other economic sectors would be more effective in achieving compliance by the foreign country with the trade agreement that is the subject of the affirmative determina- tion made under subsection (a)(2). (Pub. L. 100–418, title I, § 1377, Aug. 23, 1988, 102 Stat. 1222.) Editorial Notes REFERENCES IN TEXT The Trade Act of 1974, referred to in subsec. (c)(1), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title III of the Trade Act of 1974 is classified generally to subchapter III (§ 2411 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables. § 3107. Compensation authority If— (1) the President has taken action under sec- tion 3105(a) of this title with respect to any foreign country, and (2) such action is found to be inconsistent with the international obligations of the United States, including the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title), the President may enter into trade agreements with such foreign country for the purpose of granting new concessions as compensation for such action in order to maintain the general level of reciprocal and mutually advantageous concessions. (Pub. L. 100–418, title I, § 1378, Aug. 23, 1988, 102 Stat. 1222; Pub. L. 103–465, title VI, § 621(a)(6), Dec. 8, 1994, 108 Stat. 4993.) Editorial Notes AMENDMENTS 1994—Par. (2). Pub. L. 103–465 substituted ‘‘the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respec- tively, of section 3501 of this title)’’ for ‘‘the General Agreement on Tariffs an

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