Page:United States Statutes at Large Volume 102 Part 2.djvu/131

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PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1135

(B) foreign direct investment by United States persons, especiedly if such investment has implications for trade in goods and services. (6) The term "state trading enterprise" means— (A) any agency, instrumentality, or administrative unit of a foreign country which— (i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or (ii) sells goods or services in international trade; or (B) any business firm which— (i) is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof, (ii) is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and (iii) purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade, (b) CONFORMING AMENDMENTS.—

(1) Section 151(bKl) of the- Trade Act of 1974 (19 U.S.C. 2191(b)(l)) is amended by striking out "section 102" and inserting "section 102 of this Act or section 1103(a)(l) of the Omnibus Trade and Competitiveness Act of 1988". (2) Section 121 of the Trade Act of 1974 (19 U.S.C. 2131) is amended by striking out subsections (a), (b), and (c).

PART 2—HEARINGS AND ADVICE CONCERNING NEGOTIATIONS SEC. 1111. HEARINGS AND ADVICE. (a) ADVICE FROM I T C AND OTHER FEDERAL AGENCIES CONCERNING TRADE POLICY AND NEGOTIATIONS.—Sections 131 through 134, inclu-

sive, of the Trade Act of 1974 (19 U.S.C. 2151-2154) are amended to read as follows: "SEC. 131. ADVICE FROM INTERNATIONAL TRADE COMMISSION.

19 USC 2151.

"(a) LISTS OF ARTICLES WHICH MAY B E CONSIDERED FOR ACTION.—

"(1) In connection with any proposed trade agreement under President of U.S. section 123 of this Act or section 1102(a) or (c) of the Omnibus Trade and Competitiveness Act of 1988, the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the 'Commission') with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given. "(2) In connection with any proposed trade agreement under section 1102(b) or (c) of the Omnibus Trade and Competitive-

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