Page:United States Statutes at Large Volume 102 Part 2.djvu/173

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1177

United States exports, either directly or through the establishment of a beneficial precedent; "(B) priority foreign countries that, on the basis of such report, satisfy the criteria in paragraph (2); (C) estimate the total amount by which United States exports of goods and services to each foreign country identified under subparagraph (B) would have increased during the preceding calendar year if the priority practices of such country identified under subparagraph (A) did not exist; and "(D) submit to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and publish in the Federal Register, a report which lists— "(i) the priority foreign countries identified under subparagraph (B), "(ii) the priority practices identified under subparagraph (A) with respect to each of such priority foreign countries, and "(iii) the amount estimated under subparagraph (C) with respect to each of such priority foreign countries. "(2) In identifying priority foreign countries under paragraph (1)(B), the Trade Representative shall take into account— "(A) the number and pervasiveness of the acts, policies, and practices described in section 181(a)(l)(A), and "(B) the level of United States exports of goods and services that would be reasonably expected from full implementation of existing trade agreements to which that foreign country is a party, based on the international competitive position and export potential of such products and services. "(3) In identifying priority practices under paragraph (I)(A), the Trade Representative shall take into account— "(A) the international competitive position and export potential of United States products and services, "(B) circumstances in which the sale of a small quantity of a product or service may be more significant than ite value, and "(C) the measurable medium-term and long-term implications of government procurement commitments to United States exporters. "(b) INITIATION OF INVESTIGATIONS.—By no later than the date that is 21 days after the date on which a report is submitted to the appropriate Congressional committees under subsection (a)(l)(D), the Trade Representative shall initiate under section 302(b)(l) investigations under this chapter with respect to all of those priority practices identified in such report by reason of subsection (a)(l)(D) for each of the priority foreign countries. The Trade Representative may initiate investigations under section 302(b)(l) with respect to all other priority practices identified under subsection (a)(l)(A). "(c) AGREEMENTS FOR TERMINATION OF BARRIERS.—

"(1) In the consultations with a priority foreign country identified under subsection (a)(1) that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (b), the Trade Representative shall seek to negotiate an agreement which provides for—

Reports. Federal Register, publication.