Page:United States Statutes at Large Volume 102 Part 2.djvu/161

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1165

"(ii) the foreign country has— "(I) agreed to eliminate or phase out the act, policy, or practice, or "(II) agreed to an imminent solution to the burden or restriction on United States commerce that is satisfactory to the Trade Representative, "(iii) it is impossible for the foreign country to achieve the residts described in clause (i) or (ii), as appropriate, but the foreign country agrees to provide to the United States compensatory trade benefits that are satisfactory to the Trade Representative, "(iv) in extraordinary cases, where the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this chapter, or "(v) the taking of action under this subsection would cause serious harm to the national security of the United States. "(3) Any action taken under paragraph (1) to eliminate an act, policy, or practice shall be devised so as to affect goods or services of the foreign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States conunerce. "(b) DisousnONARY AcnoN.—If the Trade Representative determines under section 304(a)(l) that— "(1) an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, and "(2) action by the United States is appropriate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific direction, if any, of the President r^arding any such action, and all other appropriate and feasible action within the power of the President tiiat the President may direct the Trade Representative to take under this subsection, to obtain the elimination of that act, policy, or practice. "(c) SCOPE OF AUTHORITY.—

"(1) For purposes of carrying out the provisions of subsection (a) or (b), the IVade Representative is authorized to— "(A) suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with the foreign country referred to in such subsection; "(B) impose duties or other import restrictions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative determines appropriate; or "(C) enter into binding agreements with such foreign country that commit such foreign country to— "(i) eliminate, or phase out, the act, policy, or practice that is the subject of the action to be taJcen under subsection (a) or (b).

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