Page:United States Statutes at Large Volume 102 Part 2.djvu/160

 102 STAT. 1164

PUBLIC LAW 100-418—AUG. 23, 1988

Subtitle C—Response to Unfair International Trade Practices PART 1—ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES SEC. 1301, REVISION OF CHAPTER 1 OF TITLE III OF THE TRADE ACT OF 1974.

(a) IN GENERAL.—Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended to read as follows: "CHAPTER 1—ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES 19 USC 2411.

"SEC. 301. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. "(a) MANDATORY ACTION.—

"(1) If the United States Trade Representative determines under section 304(a)(l) that— "(A) the rights of the United States under any trade agreement are being denied; or "(B) an act, policy, or practice of a foreign country— "(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or "(ii) is unjustifiable and burdens or restricts United States commerce; the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President r ^ a r d i n g any such action, and shall taJce all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. "(2) The Trade Representative is not required to take action under paragraph (1) in any case in which— (A) the Contracting Parties to the General Agreement on Tariffs and Trade have determined, a panel of experts has reported to the Contracting Parties, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that— "(i) the rights of the United States under a trade agreement are not being denied, or "(ii) the act, policy, or practice— "(I) is not a violation of, or inconsistent with, the rights of the United States, or "(II) does not deny, nullify, or impair benefits to the United States under any trade agreement; or "(B) the Trade Representative finds that— "(i) the foreign country is taking satisfactory measures to grant the rights of the United States under a trade agreement.

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