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U.S. Code as of:
01/19/04
Section 3106. Review of trade agreement implementation by Trade Representative
(a) In general
(1) In conducting the annual analysis under section 181(a) of the
Trade Act of 1974 (19 U.S.C. 2241), the Trade Representative shall
review the operation and effectiveness of -
(A) each trade agreement negotiated by reason of this chapter
that is in force with respect to the United States; and
(B) every other trade agreement regarding telecommunications
products or services that is in force with respect to the United
States.
(2) In each review conducted under paragraph (1), the Trade
Representative shall determine whether any act, policy, or practice
of the foreign country that has entered into the agreement
described in paragraph (1) -
(A) is not in compliance with the terms of such agreement, or
(B) otherwise denies, within the context of the terms of such
agreement, to telecommunications products and services of United
States firms mutually advantageous market opportunities in that
foreign country.
(b) Review factors
(1) In conducting reviews under subsection (a) of this section,
the Trade Representative shall consider any evidence of actual
patterns of trade (including United States exports to a foreign
country of telecommunications products and services, including
sales and services related to those products) that do not reflect
patterns of trade which would reasonably be anticipated to flow
from the concessions or commitments of such country based on the
international competitive position and export potential of such
products and services.
(2) The Trade Representative shall consult with the United States
International Trade Commission with regard to the actual patterns
of trade described in paragraph (1).
(c) Action in response to affirmative determination
(1) Any affirmative determination made by the Trade
Representative under subsection (a)(2) of this section with respect
to any act, policy, or practice of a foreign country shall, for
purposes of chapter 1 of title III of the Trade Act of 1974 [19
U.S.C. 2411 et seq.], be treated as an affirmative determination
under section 304(a)(1)(A) of such Act [19 U.S.C. 2414(a)(1)(A)]
that such act, policy, or practice violates a trade agreement.
(2) In taking actions under section 301 [19 U.S.C. 2411] by
reason of paragraph (1), the Trade Representative 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 Trade
Representative determines that actions against other economic
sectors would be more effective in achieving compliance by the
foreign country with the trade agreement that is the subject of the
affirmative determination made under subsection (a)(2) of this
section.
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