§ 3105. — Actions to be taken if no agreement obtained.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3105]
TITLE 19--CUSTOMS DUTIES
CHAPTER 19--TELECOMMUNICATIONS TRADE
Sec. 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 which
achieves the general negotiating objectives described in section 3104(b)
of this title as defined by the specific objectives established by the
President for that country, the President shall take whatever actions
authorized under subsection (b) of this section 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) of this section 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 et seq.],
(ii) section 1821 of this title, or
(iii) section 1351 of this title,
with respect to any duty or import restriction imposed by the United
States on any telecommunications product;
(B) actions described in section 301 of the Trade Act of 1974
[19 U.S.C. 2411];
(C) prohibition of purchases by the Federal Government of
telecommunications products of such country;
(D) increases in domestic preferences under title III of the Act
of March 3, 1933 (41 U.S.C. 10a, et seq.) for purchases by the
Federal Government of telecommunications products of such country;
(E) suspension of any waiver of domestic preferences under title
III of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.) which may
have been extended to such country pursuant to the Trade Agreements
Act of 1979 with respect to telecommunications products or any other
products;
(F) issuance of orders to appropriate officers and employees of
the Federal Government to deny Federal funds or Federal credits for
purchases of the telecommunications products of such country; and
(G) suspension, in whole or in part, of benefits accorded
articles of such country under title V of the Trade Act of 1974 (19
U.S.C. 2461, et seq.).
(2) Notwithstanding section 125 of the Trade Act of 1974 [19 U.S.C.
2135] and any other provision of law, if any portion of a trade
agreement described in paragraph (1)(A) is terminated, withdrawn, or
suspended under paragraph (1) with respect to any duty imposed by the
United States on the products of a foreign country, the rate of such
duty that shall apply to such products entered, or withdrawn from
warehouse for consumption, after the date on which such termination,
withdrawal, or suspension takes effect shall be a rate determined by the
President.
(c) Negotiating period
(1) For purposes of this section, the term ``negotiating period''
means--
(A) with respect to a priority foreign country 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 identified 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
priority foreign country, the President shall submit 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 substantial progress is
being made in negotiations with such country, and
(ii) a statement detailing the reasons why an extension of such
negotiating period is necessary.
(d) Modification and termination authority
The President may modify or terminate any action taken under
subsection (a) of this section if, after taking into consideration the
factors described in section 3103(b) of this title, the President
determines that changed circumstances warrant such modification or
termination.
(e) Report
The President shall promptly inform the appropriate committees of
the Congress of any action taken under subsection (a) of this section or
of the modification or termination of any such action under subsection
(d) of this section.
(Pub. L. 100-418, title I, Sec. 1376, Aug. 23, 1988, 102 Stat. 1220.)
References in Text
Subtitle A, referred to in subsec. (a)(1), is subtitle A
(Secs. 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, as amended, which is
classified principally to chapter 12 (Sec. 2101 et seq.) of this title.
Title V of the Trade Act of 1974 is classified generally to subchapter V
(Sec. 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.
Title III of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.),
referred to in subsec. (b)(1)(D), (E), is act Mar. 3, 1933, ch. 212,
title III, 47 Stat. 1520, as amended, known as the Buy American Act,
which is classified generally to sections 10a, 10b, and 10c of Title 41,
Public Contracts. For complete classification of this Act to the Code,
see Short Title note set out under section 10a of Title 41 and Tables.
The Trade Agreements Act of 1979, referred to in subsec. (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.
Delegation of Functions
Functions of President under subsec. (e) of this section 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.
Section Referred to in Other Sections
This section is referred to in sections 3107, 3108 of this title.
