19 U.S.C. § 3106 — Review of trade agreement implementa-

Page 831 TITLE 19—CUSTOMS DUTIES § 3106 (c) Negotiating period (1) For purposes of this section, the term ‘‘ne- gotiating period’’ means— (A) with respect to a priority foreign coun- try identified in the investigation conducted under section 3103(a) of this title, the 18-month period beginning on August 23, 1988, and (B) with respect to any foreign country iden- tified as a priority foreign country after the conclusion of such investigation, the 1-year period beginning on the date on which such identification is made. (2)(A) The negotiating period with respect to a priority foreign country may be extended for not more than two 1-year periods. (B) By no later than the date that is 15 days after the date on which the President extends the negotiating period with respect to any pri- ority foreign country, the President shall sub- mit to appropriate committees of the Congress a report on the status of negotiations with such country that includes— (i) a finding by the President that substan- tial progress is being made in negotiations with such country, and (ii) a statement detailing the reasons why an extension of such negotiating period is nec- essary. (d) Modification and termination authority The President may modify or terminate any action taken under subsection (a) if, after tak- ing into consideration the factors described in section 3103(b) of this title, the President deter- mines that changed circumstances warrant such modification or termination. (e) Report The President shall promptly inform the ap- propriate committees of the Congress of any ac- tion taken under subsection (a) or of the modi- fication or termination of any such action under subsection (d). (Pub. L. 100–418, title I, § 1376, Aug. 23, 1988, 102 Stat. 1220.) Editorial Notes REFERENCES IN TEXT Subtitle A, referred to in subsec. (a)(1), is subtitle A (§§ 1101–1125) of title I of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1121. For complete classification of subtitle A to the Code, see Tables. The Trade Act of 1974, referred to in subsec. (b)(1)(A)(i), (G), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. Title V of the Trade Act of 1974 is classified generally to subchapter V (§ 2461 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. The Trade Agreements Act of 1979, referred to in sub- sec. (b)(1)(E), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. CODIFICATION In subsec. (b)(1)(D), (E), ‘‘chapter 83 of title 41’’ sub- stituted for ‘‘title III of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (e) relating to reports to Congressional committees delegated to United States Trade Representative, see section 1–401 of Ex. Ord. No. 21661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of this title. § 3106. Review of trade agreement implementa- tion by Trade Representative (a) In general (1) In conducting the annual analysis under section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241), the Trade Representative shall review the operation and effectiveness of— (A) each trade agreement negotiated by rea- son of this chapter that is in force with re- spect to the United States; and (B) every other trade agreement regarding telecommunications products or services that is in force with respect to the United States. (2) In each review conducted under paragraph (1), the Trade Representative shall determine whether any act, policy, or practice of the for- eign country that has entered into the agree- ment described in paragraph (1)— (A) is not in compliance with the terms of such agreement, or (B) otherwise denies, within the context of the terms of such agreement, to telecommuni- cations products and services of United States firms mutually advantageous market opportu- nities in that foreign country. (b) Review factors (1) In conducting reviews under subsection (a), the Trade Representative shall consider any evi- dence of actual patterns of trade (including United States exports to a foreign country of telecommunications products and services, in- cluding sales and services related to those prod- ucts) that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions or commitments of such coun- try based on the international competitive posi- tion and export potential of such products and services. (2) The Trade Representative shall consult with the United States International Trade Commission with regard to the actual patterns of trade described in paragraph (1). (c) Action in response to affirmative determina- tion (1) Any affirmative determination made by the Trade Representative under subsection (a)(2) with respect to any act, policy, or practice of a foreign country shall, for purposes of chapter 1 of title III of the Trade Act of 1974 [19 U.S.C. 2411 et seq.], be treated as an affirmative determina- tion under section 304(a)(1)(A) of such Act [19 U.S.C. 2414(a)(1)(A)] that such act, policy, or practice violates a trade agreement. (2) In taking actions under section 301 [19 U.S.C. 2411] by reason of paragraph (1), the Trade Representative shall first take those actions which most directly affect trade in tele- communications products and services with the priority foreign country referred to in paragraph (1), unless the Trade Representative determines 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-