19 U.S.C. § 3107 — Compensation authority

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 and Trade’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title. § 3108. Consultations (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 estab- lished under section 1872(a) of this title. (b) Advice from private sector Before— (1) the Trade Representative concludes the investigation conducted under section 3103(a) of this title or takes action under section 3103(c) of this title, (2) the President establishes specific negoti- ating objectives under section 3104(b) of this title with respect to any foreign country, or (3) the President takes action under section 3105 of this title, the Trade Representative shall provide an op- portunity for the presentation of views by any interested party with respect to such investiga- tion, objectives, or action, including appropriate committees established pursuant to section 2155 of this title. (c) Consultations with Congress and official ad- visors For purposes of conducting negotiations under section 3104(a) of this title, the Trade Represent- ative shall keep appropriate committees of the Congress, as well as appropriate committees es- tablished pursuant to section 2155 of this title, 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. (d) Modification of specific negotiating objec- tives Before the President takes any action under section 3104(b)(2)(A) of this title to refine or modify specific negotiating objectives, the President shall consult with the Congress and with members of the industry, and representa- tives of labor, affected by the proposed refine- ment or modification. (Pub. L. 100–418, title I, § 1379, Aug. 23, 1988, 102 Stat. 1223.) § 3109. Submission of data; action to ensure com- pliance (a) Submission of data The Federal Communications Commission (hereafter in this section referred to as the ‘‘Commission’’) shall periodically submit to ap- propriate committees of the House of Represent- atives and of the Senate any data collected and otherwise made public under Report No. DC–1105, ‘‘Information Reporting Requirements Established for Common Carriers’’, adopted Feb- ruary 25, 1988, relating to FCC Docket No. 86–494, adopted December 23, 1987. (b) Action to ensure compliance (1)(A) Any product of a foreign country that is subject to registration or approval by the Com- mission may be entered only if— (i) such product conforms with all applicable rules and regulations of the Commission, and (ii) the information which is required on Federal Communications Commission Form 740 on August 23, 1988, is provided to the appro- priate customs officer at the time of such entry in such form and manner as the Sec- retary of the Treasury may prescribe. (B) For purposes of this paragraph, the term ‘‘entered’’ means entered, or withdrawn from warehouse for consumption, in the customs ter- ritory of the United States. (2) The Commission, the Secretary of Com- merce, and the Trade Representative shall pro-