Page:United States Statutes at Large Volume 102 Part 2.djvu/871

 PUBLIC LAW 100-449—SEPT. 28, 1988

102 STAT. 1875

performed in the United States or Canada, or both, with respect to the product. (d) NEGOTIATION OF LIMITATION ON POTATO TRADE.—

(1) During the 5-year period beginning on the date of enactment of this Act, the President is authorized to enter into negotiations with Canada for the purpose of obtaining an agreement to limit the exportation and importation of all potatoes between the United States and Canada, including seed potatoes, fresh, chilled or frozen potatoes, dried, desiccated or dehydrated potatoes, and potatoes otherwise prepared or preserved. Any agreement negotiated under this subsection shall provide for an annual limitation divided equally into each half of the year. (2) For the purpose of conducting negotiations under paragraph (1), the Secretary of Agriculture and the United States Trade Representative shall consult with representatives of the potato producing industry, including the Ad Hoc Potato Advisory Group and the United States/Canada Horticultural Industry Advisory Committee, to solicit their views on negotiations with Canada for reciprocal quantitative limits on the potato trade. (3) The President is authorized to direct the Secretary of the Treasury to— (A) carry out such actions as may be necessary or appropriate to ensure the attainment of the objectives of any agreement that is entered into under this section; and (B) enforce any quantitative limitation, restriction, and other terms contained in the agreement. Such actions may include, but are not limited to, requirements Records, that valid export licenses or other documentation issued by a foreign government be presented as a condition for the entry into the United States of any article that is subject to the agreement. (4) The provisions of section 1204 of the Agriculture and Food Act of 1981 (7 U.S.C. 1736J) and the last sentence of section 812 of the Agricultural Act of 1970 (7 U.S.C. 612c-3) shall not apply in the case of actions taken pursuant to this subsection. (e) CANADIAN CONTROLS ON FISH.—

(1) Within 30 days of the application by Canada of export controls on unprocessed fish under statutes exempted from the Agreement under article 1203, or the application of landing requirements for fish caught in Canadian waters, the President shall take appropriate action to enforce United States rights under the General Agreement on Tariffs and Trade that are retained in article 1205 of the Agreement. (2) In enforcing the United States rights referred to in paragraph (1), the President has discretion to— (A) bring a challenge to the offending Canadian practices before the GATT; (B) retaliate against such offending practices; (C) seek resolution directly with Canada; (D) refer the matter for dispute resolution to the CanadaUnited States Trade Commission; or (E) take other action that the President considers appropriate to enforce such United States rights. (f) BIENNIAL REPORT.—The President shall submit to the Congress, at the close of each biennial period occurring after the date on which the Agreement enters into force, a report regarding—

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