Page:United States Statutes at Large Volume 102 Part 2.djvu/162

 102 STAT. 1166

Discrimination, prohibition.

PUBLIC LAW 100-418—AUG. 23, 1988 "(ii) eliminate any burden or restriction on United States commerce resulting from such act, policy, or practice, or "(iii) provide the United States with compensatory trade benefits that— "(I) are satisfactory to the Trade Representative, and "(II) meet the requirements of paragraph (4). "(2)(A) Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in paragraph (1), the Trade Representative may, for purposes of carrying out the provisions of subsection (a) or(b)— "(i) restrict, in the manner and to the extent the Trade Representative determines appropriate, the terms and conditions of any such authorization, or "(ii) deny the issuance of any such authorization. "(B) Actions described in subparagraph (A) may only be taken under this section with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which— "(i) a petition is filed under section 302(a), or "(ii) a determination to initiate an investigation is made by the Trade Representative under section 302(b). "(C) Before the Trade Representative takes any action under this section involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned. (3) The actions the Trade Representative is authorized to take under subsection (a) or (b) may be taken against any goods or economic sector— "(A) on a nondiscriminatory basis or solely against the foreign country described in such subsection, and "(B) without regard to whether or not such goods or economic sector were involved in the act, policy, or practice that is the subject of such action. "(4) Any trade agreement described in paragraph (IXCXiii) shall provide compensatory trade benefits that benefit the economic sector which includes the domestic industry that would benefit from the elimination of the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), or benefit the economic sector as closely related as possible to such economic sector, unless— "(A) the provision of such trade benefits is not feasible, or "(B) trade benefits that benefit any other economic sector would be more satisfactory than such trade benefits. "(5) In taking actions under subsection (a) or 0)), the Trade Representative shall— "(A) give preference to the imposition of duties over the imposition of other import restrictions, and (B) if an import restriction other than a duty is imposed, consider substituting, on an incremental basis, an equivalent duty for such other import restriction. "(6) Any action taken by the Trade Representative under this section with respect to export targeting shall, to the extent

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