19 U.S.C. § 3103 — Investigation of foreign telecommuni-

Page 828 TITLE 19—CUSTOMS DUTIES § 3101 Sec. 3106. Review of trade agreement implementation by Trade Representative. 3107. Compensation authority. 3108. Consultations. 3109. Submission of data; action to ensure compli- ance. 3110. Study on telecommunications competitive- ness in United States. 3111. International obligations. § 3101. Findings and purposes (a) Findings The Congress finds that— (1) rapid growth in the world market for telecommunications products and services is likely to continue for several decades; (2) the United States can improve prospects for— (A) the growth of— (i) United States exports of tele- communications products and services, and (ii) export-related employment and con- sumer services in the United States, and (B) the continuance of the technological leadership of the United States, by undertaking a program to achieve an open world market for trade in telecommunications products, services, and investment; (3) most foreign markets for telecommuni- cations products, services, and investment are characterized by extensive government inter- vention (including restrictive import practices and discriminatory procurement practices) which adversely affect United States exports of telecommunications products and services and United States investment in tele- communications; (4) the open nature of the United States tele- communications market, accruing from the liberalization and restructuring of such mar- ket, has contributed, and will continue to con- tribute, to an increase in imports of tele- communications products and a growing im- balance in competitive opportunities for trade in telecommunications; (5) unless this imbalance is corrected through the achievement of mutually advan- tageous market opportunities for trade in telecommunications products and services be- tween the United States and foreign countries, the United States should avoid granting con- tinued open access to the telecommunications products and services of such foreign countries in the United States market; and (6) the unique business conditions in the worldwide market for telecommunications products and services caused by the combina- tion of deregulation and divestiture in the United States, which represents a unilateral liberalization of United States trade with the rest of the world, and continuing government intervention in the domestic industries of many other countries create a need to make an exception in the case of telecommuni- cations products and services that should not necessarily be a precedent for legislating spe- cific sectoral priorities in combating the closed markets or unfair foreign trade prac- tices of other countries. (b) Purposes The purposes of this chapter are— (1) to foster the economic and technological growth of, and employment in, the United States telecommunications industry; (2) to secure a high quality telecommuni- cations network for the benefit of the people of the United States; (3) to develop an international consensus in favor of open trade and competition in tele- communications products and services; (4) to ensure that countries which have made commitments to open telecommunications trade fully abide by those commitments; and (5) to achieve a more open world trading sys- tem for telecommunications products and services through negotiation and provision of mutually advantageous market opportunities for United States telecommunications export- ers and their subsidiaries in those markets in which barriers exist to free international trade. (Pub. L. 100–418, title I, § 1372, Aug. 23, 1988, 102 Stat. 1216.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–418, title I, § 1371, Aug. 23, 1988, 102 Stat. 1216, provided that: ‘‘This part [part 4 (§§ 1371–1382) of subtitle C of title I of Pub. L. 100–418, enacting this chapter] may be cited as the ‘Telecommunications Trade Act of 1988’.’’ § 3102. Definitions For purposes of this chapter— (1) The term ‘‘Trade Representative’’ means the United States Trade Representative. (2) The term ‘‘telecommunications product’’ means— (A) any paging devices provided for under item 685.65 of such Schedules, and (B) any article classified under any of the following item numbers of such Schedules: 684.57 684.67 685.28 685.39 684.58 684.80 685.30 685.48 684.59 685.16 685.31 688.17 684.65 685.24 685.33 688.41 684.66 685.25 685.34 707.90. (Pub. L. 100–418, title I, § 1373, Aug. 23, 1988, 102 Stat. 1217.) Editorial Notes REFERENCES IN TEXT Such Schedules, referred to in par. (2), to be treated as a reference to the Harmonized Tariff Schedule, pur- suant to section 3012 of this title. The Harmonized Tar- iff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under sec- tion 1202 of this title. § 3103. Investigation of foreign telecommuni- cations trade barriers (a) In general The Trade Representative shall conduct an in- vestigation to identify priority foreign coun- tries. Such investigation shall be concluded by no later than the date that is 5 months after Au- gust 23, 1988. Page 829 TITLE 19—CUSTOMS DUTIES § 3104 (b) Factors to be taken into account In identifying priority foreign countries under subsection (a), the Trade Representative shall take into account, among other relevant fac- tors— (1) the nature and significance of the acts, policies, and practices that deny mutually ad- vantageous market opportunities to tele- communications products and services of United States firms; (2) the economic benefits (actual and poten- tial) accruing to foreign firms from open ac- cess to the United States market; (3) the potential size of the market of a for- eign country for telecommunications products and services of United States firms; (4) the potential to increase United States exports of telecommunications products and services, either directly or through the estab- lishment of a beneficial precedent; and (5) measurable progress being made to elimi- nate the objectionable acts, policies, or prac- tices. (c) Revocations and additional identifications (1) The Trade Representative may at any time, after taking into account the factors described in subsection (b)— (A) revoke the identification of any priority foreign country that was made under this sec- tion, or (B) identify any foreign country as a priority foreign country under this section, if information available to the Trade Represent- ative indicates that such action is appropriate. (2) The Trade Representative shall include in the semiannual report submitted to the Con- gress under section 2419(3) of this title a detailed explanation of the reasons for the revocation under paragraph (1) of this subsection of any identification of any foreign country as a pri- ority foreign country. (d) Report to Congress By no later than the date that is 30 days after the date on which the investigation conducted under subsection (a) is completed, the United States Trade Representative shall submit a re- port on the investigation to the President and to appropriate committees of the Congress. (Pub. L. 100–418, title I, § 1374, Aug. 23, 1988, 102 Stat. 1217.) § 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 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 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 estab- lished by the President under subsection (b) for such priority foreign country. (b) Establishment of specific negotiating objec- tives 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 gen- eral negotiating objectives of the United States under this section. (2)(A) The President may refine or modify spe- cific negotiating objectives for particular nego- tiations in order to respond to circumstances arising during the negotiating period, includ- ing— (i) changed practices by the priority foreign country, (ii) tangible substantive developments in multilateral negotiations, (iii) changes in competitive positions, tech- nological 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 negoti- ating objectives under subparagraph (A), the President shall submit to appropriate commit- tees of the Congress a statement describing such modifications or refinements and the reasons for such modifications or refinements. (c) General negotiating objectives The general negotiating objectives of the United States under this section are— (1) to obtain multilateral or bilateral agree- ments (or the modification of existing agree- ments) that provide mutually advantageous market opportunities for trade in tele- communications products and services be- tween the United States and foreign countries; (2) to correct the imbalances in market op- portunities accruing from reductions in bar- riers to the access of telecommunications products and services of foreign firms to the United States market; and (3) to facilitate the increase in United States exports of telecommunications products and services to a level of exports that reflects the competitiveness of the United States tele- communications industry. (d) Specific negotiating objectives The specific negotiating objectives of the United States under this section regarding tele- communications products and services are to ob- tain— (1) national treatment for telecommuni- cations products and services that are pro- vided by United States firms; (2) most-favored-nation treatment for such products and services; (3) nondiscriminatory procurement policies with respect to such products and services and the inclusion under the Agreement on Govern- ment Procurement of the procurement (by sale or lease by government-owned or con- trolled entities) of all telecommunications products and services; (4) the reduction or elimination of customs duties on telecommunications products; (5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in telecommunications products and services;