Page:United States Statutes at Large Volume 108 Part 6.djvu/371

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4939 (2) in subsection (d)— (A) in paragraph (3) by amending the matter preceding subparagraph (A) to read as follows: "(3) A fereign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright or related right, patent, trademark, mask work, trade secret, or plant breeder's right, through the use of laws, procedures, practices, or regulations which—"; and (B) by adding at the end the following: "(4) A foreign country may be determined to deny adequate and effective protection of intellectual property rights, notwithstanding the fact that the foreign country may be m comphance with the specific obhgations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act"; and (3) by adding at the end the following: "(g) ANNUAL REPORT.— The Trade Representative shall, by not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section dining the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights.". SEC. 314. AMENDMENTS TO TITLE m OF THE TRADE ACT OF 1974. (a) SCOPE OF AUTHORITY. — (1) IN GENERAL. —Subsections (a)(1) and (b)(2) of section 301 of the Trade Act of 1974 (19 U.S.C. 2411(a)(1) and (b)(2)) are each amended by adding the following sentence at the end: "Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.". (2) IMPORT RESTRICTIONS.— Section 301(c)(5) of the Trade Act of 1974 (19 U.S.C. 2411(c)(5)) is amended by striking the matter preceding subpsiragraph (B) and inserting the following: "(5) If the Trade Representative determines that actions to be taken under subsection (a) or (b) are to be in the form of import restrictions, the Trade Representative shall— "(A) give preference to the imposition of duties over the imposition of other import restrictions, and". (b) RELATIONSHIP WITH OTHER AUTHORITIES.— Section 301(c) of the Trade Act of 1974 (19 U.S.C. 2411(c)) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking "or" afler the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: "(C) in a case in which the act, poUcy, or practice also fails to meet the eHgibliity criteria for receiving duty- free treatment under subsections (b) and (c) of section 502 of this Act, subsections (b) and (c) of section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C.

�