Page:United States Statutes at Large Volume 93.djvu/328

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 296

"(1) to enforce the rights of the United States under any trade agreement; or "(2) to respond to any act, policy, or practice of a foreign country or instrumentality that— "(A) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or "(B) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President shall take all appropriate and feasible action within his power to enforce such rights or to obtain the elimination of such act, policy, or practice. Action under this section may be taken on a nondiscriminatory basis or solely against the products or services of the foreign country or instrumentality involved. "(b) OTHER ACTION.—Upon making a determination described in subsection (a), the President, in addition to taking action referred to in such subsection, may— "(1) suspend, withdraw, or prevent the application of, or refrain from proclaiming, benefits of trade agreement concessions to carry out a trade agreement with the foreign country or instrumentality involved; and "(2) impose duties or other import restrictions on the products of, and fees or restrictions on the services of, such foreign country or instrumentality for such time as he determines appropriate. Publication in Federal Register.

Publication in Federal Register.

"(c) PRESIDENTIAL PROCEDURES.— "(1) ACTION ON OWN MOTION.—If

the President decides to take action under this section and no petition requesting action on the matter involved has been filed under section 302, the President shall publish notice of his determination, including the reasons for the determination in the Federal Register. Unless he determines that expeditious action is required, the President shall provide an opportunity for the presentation of views concerning the taking of such action. "(2) ACTION REQUESTED BY PETITION.—Not later than 21 days after the date on which he receives the recommendation of the Special Representative under section 304 with respect to a petition, the President shall determine what action, if any, he will take under this section, and shall publish notice of his determination, including the reasons for the determination, in the Federal Register.

"(d) SPECIAL PROVISIONS.— "(1) DEFINITION OF COMMERCE.—For

purposes of this section, the term 'commerce' includes, but is not limited to, services associated with international trade, whether or not such services are related to specific products. "(2) VESSEL CONSTRUCTION SUBSIDIES.—An act, policy, or practice of a foreign country or instrumentality that burdens or restricts United States commerce may include the provision, directly or indirectly, by that foreign country or instrumentality of subsidies for the construction of vessels used in the commercial transportation by water of goods between foreign countries and the United States.

19 USC 2412.

"SEC. 302. PETITIONS FOR PRESIDENTIAL ACTION. "(a)

FiuNG OF PETITION WITH SPECIAL REPRESENTATIVE.—Any

interested person may file a petition with the Special Representative for Trade Negotiations (hereinafter in this chapter referred to as the 'Special Representative') requesting the President to take action

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