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U.S. Code as of:
01/19/04
Section 3105. Actions to be taken if no agreement obtained
(a) In general
(1) If the President is unable, before the close of the
negotiating period, to enter into an agreement under subtitle A
with any priority foreign country identified under section 3103 of
this title which achieves the general negotiating objectives
described in section 3104(b) of this title as defined by the
specific objectives established by the President for that country,
the President shall take whatever actions authorized under
subsection (b) of this section that are appropriate and most likely
to achieve such general negotiating objectives.
(2) In taking actions under paragraph (1), the President shall
first take those actions which most directly affect trade in
telecommunications products and services with the priority foreign
country referred to in paragraph (1), unless the President
determines that actions against other economic sectors would be
more effective in achieving the general negotiating objectives
referred to in paragraph (1).
(b) Actions authorized
(1) The President is authorized to take any of the following
actions under subsection (a) of this section with respect to any
priority foreign country:
(A) termination, withdrawal, or suspension of any portion of
any trade agreement entered into with such country under -
(i) the Trade Act of 1974 [19 U.S.C. 2101 et seq.],
(ii) section 1821 of this title, or
(iii) section 1351 of this title,
with respect to any duty or import restriction imposed by the
United States on any telecommunications product;
(B) actions described in section 301 of the Trade Act of 1974
[19 U.S.C. 2411];
(C) prohibition of purchases by the Federal Government of
telecommunications products of such country;
(D) increases in domestic preferences under title III of the
Act of March 3, 1933 (41 U.S.C. 10a, et seq.) for purchases by
the Federal Government of telecommunications products of such
country;
(E) suspension of any waiver of domestic preferences under
title III of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.)
which may have been extended to such country pursuant to the
Trade Agreements Act of 1979 with respect to telecommunications
products or any other products;
(F) issuance of orders to appropriate officers and employees of
the Federal Government to deny Federal funds or Federal credits
for purchases of the telecommunications products of such country;
and
(G) suspension, in whole or in part, of benefits accorded
articles of such country under title V of the Trade Act of 1974
(19 U.S.C. 2461, et seq.).
(2) Notwithstanding section 125 of the Trade Act of 1974 [19
U.S.C. 2135] and any other provision of law, if any portion of a
trade agreement described in paragraph (1)(A) is terminated,
withdrawn, or suspended under paragraph (1) with respect to any
duty imposed by the United States on the products of a foreign
country, the rate of such duty that shall apply to such products
entered, or withdrawn from warehouse for consumption, after the
date on which such termination, withdrawal, or suspension takes
effect shall be a rate determined by the President.
(c) Negotiating period
(1) For purposes of this section, the term "negotiating period"
means -
(A) with respect to a priority foreign country identified in
the investigation conducted under section 3103(a) of this title,
the 18-month period beginning on August 23, 1988, and
(B) with respect to any foreign country identified as a
priority foreign country after the conclusion of such
investigation, the 1-year period beginning on the date on which
such identification is made.
(2)(A) The negotiating period with respect to a priority foreign
country may be extended for not more than two 1-year periods.
(B) By no later than the date that is 15 days after the date on
which the President extends the negotiating period with respect to
any priority foreign country, the President shall submit to
appropriate committees of the Congress a report on the status of
negotiations with such country that includes -
(i) a finding by the President that substantial progress is
being made in negotiations with such country, and
(ii) a statement detailing the reasons why an extension of such
negotiating period is necessary.
(d) Modification and termination authority
The President may modify or terminate any action taken under
subsection (a) of this section if, after taking into consideration
the factors described in section 3103(b) of this title, the
President determines that changed circumstances warrant such
modification or termination.
(e) Report
The President shall promptly inform the appropriate committees of
the Congress of any action taken under subsection (a) of this
section or of the modification or termination of any such action
under subsection (d) of this section.
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