US (United States) Code. Title 19. Chapter 19: Telecommunications trade

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Customs duties

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19 USC CHAPTER 19 - TELECOMMUNICATIONS TRADE 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

.

-HEAD-

CHAPTER 19 - TELECOMMUNICATIONS TRADE

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Sec.

3101. Findings and purposes.

(a) Findings.

(b) Purposes.

3102. Definitions.

3103. Investigation of foreign telecommunications trade barriers.

(a) In general.

(b) Factors to be taken into account.

(c) Revocations and additional identifications.

(d) Report to Congress.

3104. Negotiations in response to investigation.

(a) In general.

(b) Establishment of specific negotiating objectives

for each foreign priority country.

(c) General negotiating objectives.

(d) Specific negotiating objectives.

3105. Actions to be taken if no agreement obtained.

(a) In general.

(b) Actions authorized.

(c) Negotiating period.

(d) Modification and termination authority.

(e) Report.

3106. Review of trade agreement implementation by Trade

Representative.

(a) In general.

(b) Review factors.

(c) Action in response to affirmative determination.

3107. Compensation authority.

3108. Consultations.

(a) Advice from departments and agencies.

(b) Advice from private sector.

(c) Consultations with Congress and official

advisors.

(d) Modification of specific negotiating objectives.

3109. Submission of data; action to ensure compliance.

(a) Submission of data.

(b) Action to ensure compliance.

3110. Study on telecommunications competitiveness in United States.

(a) In general.

(b) Public comment.

(c) Report.

3111. International obligations.

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19 USC Sec. 3101 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

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Sec. 3101. Findings and purposes

-STATUTE-

(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 telecommunications products

and services, and

(ii) export-related employment and consumer 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 telecommunications products,

services, and investment are characterized by extensive

government intervention (including restrictive import practices

and discriminatory procurement practices) which adversely affect

United States exports of telecommunications products and services

and United States investment in telecommunications;

(4) the open nature of the United States telecommunications

market, accruing from the liberalization and restructuring of

such market, has contributed, and will continue to contribute, to

an increase in imports of telecommunications products and a

growing imbalance in competitive opportunities for trade in

telecommunications;

(5) unless this imbalance is corrected through the achievement

of mutually advantageous market opportunities for trade in

telecommunications products and services between the United

States and foreign countries, the United States should avoid

granting continued 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

combination 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

telecommunications products and services that should not

necessarily be a precedent for legislating specific sectoral

priorities in combating the closed markets or unfair foreign

trade practices 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 telecommunications 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 telecommunications 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 system for

telecommunications products and services through negotiation and

provision of mutually advantageous market opportunities for

United States telecommunications exporters and their subsidiaries

in those markets in which barriers exist to free international

trade.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1372, Aug. 23, 1988, 102 Stat.

1216.)

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SHORT TITLE

Section 1371 of Pub. L. 100-418 provided that: ''This part (part

4 (Sec. 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'.''

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19 USC Sec. 3102 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

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Sec. 3102. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1373, Aug. 23, 1988, 102 Stat.

1217.)

-REFTEXT-

REFERENCES IN TEXT

Such Schedules, referred to in par. (2), to be treated as a

reference to the Harmonized Tariff Schedule, pursuant to section

3012 of this title. The Harmonized Tariff Schedule is not set out

in the Code. See Publication of Harmonized Tariff Schedule note set

out under section 1202 of this title.

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19 USC Sec. 3103 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3103. Investigation of foreign telecommunications trade

barriers

-STATUTE-

(a) In general

The Trade Representative shall conduct an investigation to

identify priority foreign countries. Such investigation shall be

concluded by no later than the date that is 5 months after August

23, 1988.

(b) Factors to be taken into account

In identifying priority foreign countries under subsection (a) of

this section, the Trade Representative shall take into account,

among other relevant factors -

(1) the nature and significance of the acts, policies, and

practices that deny mutually advantageous market opportunities to

telecommunications products and services of United States firms;

(2) the economic benefits (actual and potential) accruing to

foreign firms from open access to the United States market;

(3) the potential size of the market of a foreign 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 establishment of a beneficial precedent; and

(5) measurable progress being made to eliminate the

objectionable acts, policies, or practices.

(c) Revocations and additional identifications

(1) The Trade Representative may at any time, after taking into

account the factors described in subsection (b) of this section -

(A) revoke the identification of any priority foreign country

that was made under this section, or

(B) identify any foreign country as a priority foreign country

under this section,

if information available to the Trade Representative indicates that

such action is appropriate.

(2) The Trade Representative shall include in the semiannual

report submitted to the Congress 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 priority 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) of this section is

completed, the United States Trade Representative shall submit a

report on the investigation to the President and to appropriate

committees of the Congress.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1374, Aug. 23, 1988, 102 Stat.

1217.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3104, 3105, 3108 of this

title.

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19 USC Sec. 3104 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

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Sec. 3104. Negotiations in response to investigation

-STATUTE-

(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 established by the

President under subsection (b) of this section for such priority

foreign country.

(b) Establishment of specific negotiating objectives 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 general negotiating objectives of the United

States under this section.

(2)(A) The President may refine or modify specific negotiating

objectives for particular negotiations in order to respond to

circumstances arising during the negotiating period, including -

(i) changed practices by the priority foreign country,

(ii) tangible substantive developments in multilateral

negotiations,

(iii) changes in competitive positions, technological

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 negotiating objectives under subparagraph (A), the

President shall submit to appropriate committees 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 agreements (or the

modification of existing agreements) that provide mutually

advantageous market opportunities for trade in telecommunications

products and services between the United States and foreign

countries;

(2) to correct the imbalances in market opportunities accruing

from reductions in barriers 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

telecommunications industry.

(d) Specific negotiating objectives

The specific negotiating objectives of the United States under

this section regarding telecommunications products and services are

to obtain -

(1) national treatment for telecommunications products and

services that are provided 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

Government Procurement of the procurement (by sale or lease by

government-owned or controlled 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;

(6) the elimination of investment barriers that restrict the

establishment of foreign-owned business entities which market

such products and services;

(7) assurances that any requirement for the registration of

telecommunications products, which are to be located on customer

premises, for the purposes of -

(A) attachment to a telecommunications network in a foreign

country, and

(B) the marketing of the products in a foreign country,

be limited to the certification by the manufacturer that the

products meet the standards established by the foreign country

for preventing harm to the network or network personnel;

(8) transparency of, and open participation in, the

standards-setting processes used in foreign countries with

respect to telecommunications products;

(9) the ability to have telecommunications products, which are

to be located on customer premises, approved and registered by

type, and, if appropriate, the establishment of procedures

between the United States and foreign countries for the mutual

recognition of type approvals;

(10) access to the basic telecommunications network in foreign

countries on reasonable and nondiscriminatory terms and

conditions (including nondiscriminatory prices) for the provision

of value-added services by United States suppliers;

(11) the nondiscriminatory procurement of telecommunications

products and services by foreign entities that provide local

exchange telecommunications services which are owned, controlled,

or, if appropriate, regulated by foreign governments; and

(12) monitoring and effective dispute settlement mechanisms to

facilitate compliance with matters referred to in the preceding

paragraphs of this subsection.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1375, Aug. 23, 1988, 102 Stat.

1218.)

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REFERENCES IN TEXT

Chapter 17 of this title, referred to in subsec. (a), was in the

original ''part 1 of subtitle A'', meaning part 1 (Sec. 1101-1117)

of subtitle A of title I of Pub. L. 100-418, Aug. 23, 1988, 102

Stat. 1121, which enacted chapter 17 (Sec. 2901 et seq.) of this

title and amended sections 2131, 2133, and 2191 of this title. For

complete classification of part 1 to the Code, see Tables.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section relating to certain

telecommunications negotiations delegated to United States Trade

Representative, see section 1-401 of Ex. Ord. No. 12661, Dec. 27,

1988, 54 F.R. 779, set out as a note under section 2901 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3105, 3108 of this title.

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19 USC Sec. 3105 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3105. Actions to be taken if no agreement obtained

-STATUTE-

(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.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1376, Aug. 23, 1988, 102 Stat.

1220.)

-REFTEXT-

REFERENCES IN TEXT

Subtitle A, referred to in subsec. (a)(1), is subtitle A (Sec.

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.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3107, 3108 of this title.

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19 USC Sec. 3106 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3106. Review of trade agreement implementation by Trade

Representative

-STATUTE-

(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.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1377, Aug. 23, 1988, 102 Stat.

1222.)

-REFTEXT-

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.

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19 USC Sec. 3107 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3107. Compensation authority

-STATUTE-

If -

(1) the President has taken action under section 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.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1378, Aug. 23, 1988, 102 Stat.

1222; Pub. L. 103-465, title VI, Sec. 621(a)(6), Dec. 8, 1994, 108

Stat. 4993.)

-MISC1-

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), respectively, of section 3501 of this

title)'' for ''the General Agreement on Tariffs and Trade''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect 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.

-CITE-

19 USC Sec. 3108 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3108. Consultations

-STATUTE-

(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 established 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 negotiating 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 opportunity for the

presentation of views by any interested party with respect to such

investigation, objectives, or action, including appropriate

committees established pursuant to section 2155 of this title.

(c) Consultations with Congress and official advisors

For purposes of conducting negotiations under section 3104(a) of

this title, the Trade Representative shall keep appropriate

committees of the Congress, as well as appropriate committees

established 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 objectives

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 representatives of labor, affected by the

proposed refinement or modification.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1379, Aug. 23, 1988, 102 Stat.

1223.)

-CITE-

19 USC Sec. 3109 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3109. Submission of data; action to ensure compliance

-STATUTE-

(a) Submission of data

The Federal Communications Commission (hereafter in this section

referred to as the ''Commission'') shall periodically submit to

appropriate committees of the House of Representatives and of the

Senate any data collected and otherwise made public under Report

No. DC-1105, ''Information Reporting Requirements Established for

Common Carriers'', adopted February 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 Commission 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 appropriate customs officer at the time of such

entry in such form and manner as the Secretary 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 territory of the United States.

(2) The Commission, the Secretary of Commerce, and the Trade

Representative shall provide such assistance in the enforcement of

paragraph (1) as the Secretary of the Treasury may request.

(3) The Secretary of the Treasury shall compile the information

collected under paragraph (1)(A)(ii) into a summary and shall

annually submit such summary to the Congress until the authority to

negotiate trade agreements under chapter 17 of this title expires.

Such information shall also be made available to the public.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1380, Aug. 23, 1988, 102 Stat.

1223.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 17 of this title, referred to in subsec. (b)(3), was in

the original ''part 1 of subtitle A'', meaning part 1 (Sec.

1101-1117) of subtitle A of title I of Pub. L. 100-418, Aug. 23,

1988, 102 Stat. 1121, which enacted chapter 17 (Sec. 2901 et seq.)

of this title and amended sections 2131, 2133, and 2191 of this

title. For complete classification of part 1 to the Code, see

Tables.

-CITE-

19 USC Sec. 3110 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3110. Study on telecommunications competitiveness in United

States

-STATUTE-

(a) In general

The Secretary of Commerce, in consultation with the Federal

Communications Commission and the United States Trade

Representative, shall conduct a study of the competitiveness of the

United States telecommunications industry and the effects of

foreign telecommunications policies and practices on such industry

in order to assist the Congress and the President in determining

what actions might be necessary to preserve the competitiveness of

the United States telecommunications industry.

(b) Public comment

The Secretary of Commerce may, as appropriate, provide notice and

reasonable opportunity for public comment as part of the study

conducted under subsection (a) of this section.

(c) Report

The Secretary of Commerce shall, by no later than the date that

is 1 year after August 23, 1988, submit to the Congress and the

President a report on the findings and recommendations reached by

the Secretary of Commerce as a result of the study conducted under

subsection (a) of this section. Such report shall be referred to

the appropriate committees of the House of Representatives and of

the Senate.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1381, Aug. 23, 1988, 102 Stat.

1224.)

-CITE-

19 USC Sec. 3111 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 19 - TELECOMMUNICATIONS TRADE

-HEAD-

Sec. 3111. International obligations

-STATUTE-

Nothing in this chapter may be construed to require actions

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).

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1382, Aug. 23, 1988, 102 Stat.

1224; Pub. L. 103-465, title VI, Sec. 621(a)(7), Dec. 8, 1994, 108

Stat. 4993.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 substituted ''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)'' for ''the General Agreement on Tariffs and Trade''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect 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.

-CITE-