§ 3106. — Review of trade agreement implementation by Trade Representative.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3106]
TITLE 19--CUSTOMS DUTIES
CHAPTER 19--TELECOMMUNICATIONS TRADE
Sec. 3106. Review of trade agreement implementation 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 reason of this chapter
that is in force with respect 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 foreign country that has entered into the agreement 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 telecommunications products and services of United
States firms mutually advantageous market opportunities in that
foreign country.
(b) Review factors
(1) In conducting reviews under subsection (a) of this section, the
Trade Representative shall consider any evidence of actual patterns of
trade (including United States exports to a foreign country of
telecommunications products and services, including sales and services
related to those products) that do not reflect patterns of trade which
would reasonably be anticipated to flow from the concessions or
commitments of such country based on the international competitive
position 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 determination
(1) Any affirmative determination made by the Trade Representative
under subsection (a)(2) of this section 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 determination 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 telecommunications products
and services with the priority foreign country referred to in paragraph
(1), unless the Trade Representative determines 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 determination made under subsection (a)(2) of this
section.
(Pub. L. 100-418, title I, Sec. 1377, Aug. 23, 1988, 102 Stat. 1222.)
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, as amended. Chapter 1 of title III of
the Trade Act of 1974 is classified generally to subchapter III
(Sec. 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.
