§2906. Definitions — Inbound Citations
19 U.S.C. § 2906
Cited by 80 provisions in release 119-102.
Citations to §2906(1)
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(i) to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and
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(II) will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets.
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(1) Whenever the President determines that any barrier to, or other distortion of, international trade—(A) unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy; or(B) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect;and that the purposes, policies, and objectives of this title will be promoted thereby, the President may, before June 1, 1993, enter into a trade agreement with foreign countries providing for—(i) the reduction or elimination of such barrier or other distortion; or(ii) the prohibition of, or limitations on the imposition of, such barrier or other distortion.
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(B) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect;
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(i) the reduction or elimination of such barrier or other distortion; or
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(ii) the prohibition of, or limitations on the imposition of, such barrier or other distortion.
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(1) Before June 1, 1993, the President may enter into bilateral trade agreements with foreign countries that provide for the elimination or reduction of any duty imposed by the United States. A trade agreement entered into under this paragraph may also provide for the reduction or elimination of barriers to, or other distortions of, the international trade of the foreign country or the United States.
Citations to §2906(2)
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(C) to obtain the enforcement of GATT rules against—(i) state trading enterprises, and(ii) the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that—(I) substantial direct investment in the foreign country be made,(II) intellectual property be licensed to the foreign country or to any firm of the foreign country, or(III) other collateral concessions be made,as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country.
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(I) substantial direct investment in the foreign country be made,
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(II) intellectual property be licensed to the foreign country or to any firm of the foreign country, or
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(A) to seek the enactment and effective enforcement by foreign countries of laws which—(i) recognize and adequately protect intellectual property, including copyrights, patents, trademarks, semiconductor chip layout designs, and trade secrets, and(ii) provide protection against unfair competition,
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(1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, and objectives of this title will be promoted thereby, the President—(A) before June 1, 1993, may enter into trade agreements with foreign countries; and(i) such modification or continuance of any existing duty,(ii) such continuance of existing duty-free or excise treatment, or(iii) such additional duties;as he determines to be required or appropriate to carry out any such trade agreement.
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(A) before June 1, 1993, may enter into trade agreements with foreign countries; and
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(1) Whenever the President determines that any barrier to, or other distortion of, international trade—(A) unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy; or(B) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect;and that the purposes, policies, and objectives of this title will be promoted thereby, the President may, before June 1, 1993, enter into a trade agreement with foreign countries providing for—(i) the reduction or elimination of such barrier or other distortion; or(ii) the prohibition of, or limitations on the imposition of, such barrier or other distortion.
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(1) Before June 1, 1993, the President may enter into bilateral trade agreements with foreign countries that provide for the elimination or reduction of any duty imposed by the United States. A trade agreement entered into under this paragraph may also provide for the reduction or elimination of barriers to, or other distortions of, the international trade of the foreign country or the United States.
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(3) A trade agreement may be entered into under paragraph (1) with any foreign country only if—(A) the agreement makes progress in meeting the applicable objectives described in section 2901 of this title;(B) such foreign country requests the negotiation of such an agreement; and(C) the President, at least 60 days before the date notice is provided under section 2903(a)(1)(A) of this title—(i) provides written notice of such negotiations to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, and(ii) consults with such committees regarding the negotiation of such agreement.
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(B) such foreign country requests the negotiation of such an agreement; and
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(5) In any case in which there is an inconsistency between any provision of this Act and any bilateral free trade area agreement that entered into force and effect with respect to the United States before January 1, 1987, the provision shall not apply with respect to the foreign country that is party to that agreement.
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(I) each foreign country that is a party to the agreement maintains non-commercial state trading enterprises that may adversely affect, nullify, or impair the benefits to the United States under the agreement, and
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(3) To ensure that a foreign country which receives benefits under a trade agreement entered into under section 2902(b) or (c) of this title is subject to the obligations imposed by such agreement, the President shall recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is consistent with the terms of such agreement. The President may also recommend with respect to any such agreement that the benefits and obligations of such agreement not apply uniformly to all parties to such agreement, if such application is consistent with the terms of such agreement.
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(2) The fast track procedures shall not apply to any implementing bill that contains a provision approving of any trade agreement which is entered into under section 2902(c) of this title with any foreign country if either—(A) the requirements of section 2902(c)(3) of this title are not met with respect to the negotiation of such agreement; or(B) the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives disapproves of the negotiation of such agreement before the close of the 60-day period which begins on the date notice is provided under section 2902(c)(3)(C)(i) of this title with respect to the negotiation of such agreement.
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(3) For purposes of this subsection, the term “major industrial country” means Canada, the European Communities, the individual member countries of the European Communities, Japan, and any other foreign country designated by the President for purposes of this subsection.
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(a) Before any major foreign country accedes, after August 23, 1988, to the GATT 1947, or to the WTO Agreement, the President shall determine—(1) whether state trading enterprises account for a significant share of—(A) the exports of such major foreign country, or(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and(2) whether such state trading enterprises—(A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or(B) are likely to result in such a burden, restriction, or effect.
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(A) the exports of such major foreign country, or
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(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and
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(b) If both of the determinations made under paragraphs (1) and (2) of subsection (a) with respect to a major foreign country are affirmative—(1) the President shall reserve the right of the United States to withhold extension of the application of the GATT 1947 or the WTO Agreement, between the United States and such major foreign country, and(2) the GATT 1947 or the WTO Agreement shall not apply between the United States and such major foreign country until—(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—(i) will—(I) make purchases which are not for the use of such foreign country, and(II) make sales in international trade,in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or(B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and such major foreign country is enacted into law.
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(1) the President shall reserve the right of the United States to withhold extension of the application of the GATT 1947 or the WTO Agreement, between the United States and such major foreign country, and
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(2) the GATT 1947 or the WTO Agreement shall not apply between the United States and such major foreign country until—(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—(i) will—(I) make purchases which are not for the use of such foreign country, and(II) make sales in international trade,in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or(B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and such major foreign country is enacted into law.
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(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—(i) will—(I) make purchases which are not for the use of such foreign country, and(II) make sales in international trade,in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or
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(I) make purchases which are not for the use of such foreign country, and
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(B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and such major foreign country is enacted into law.
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(1) The President may submit to the Congress any draft of a bill which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and a major foreign country.
Citations to §2906(3)
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(B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.
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(2) The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are—(A) to enhance the status of the GATT;(B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and(C) to expand country participation in particular agreements or arrangements, where appropriate.
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(A) to enhance the status of the GATT;
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(B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and
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(3) The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT.
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(A) to improve the provisions of the GATT and nontariff measure agreements in order to define, deter, discourage the persistent use of, and otherwise discipline unfair trade practices having adverse trade effects, including forms of subsidy and dumping and other practices not adequately covered such as resource input subsidies, diversionary dumping, dumped or subsidized inputs, and export targeting practices;
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(B) to obtain the application of similar rules to the treatment of primary and nonprimary products in the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the GATT (relating to subsidies and countervailing measures); and
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(C) to obtain the enforcement of GATT rules against—(i) state trading enterprises, and(ii) the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that—(I) substantial direct investment in the foreign country be made,(II) intellectual property be licensed to the foreign country or to any firm of the foreign country, or(III) other collateral concessions be made,as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country.
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(B) to establish in the GATT obligations—(i) to implement adequate substantive standards based on—(I) the standards in existing international agreements that provide adequate protection, and(II) the standards in national laws if international agreement standards are inadequate or do not exist,(ii) to establish effective procedures to enforce, both internally and at the border, the standards implemented under clause (i), and(iii) to implement effective dispute settlement procedures that improve on existing GATT procedures;
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(iii) to implement effective dispute settlement procedures that improve on existing GATT procedures;
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(C) to recognize that the inclusion in the GATT of—(i) adequate and effective substantive norms and standards for the protection and enforcement of intellectual property rights, and(ii) dispute settlement provisions and enforcement procedures,is without prejudice to other complementary initiatives undertaken in other international organizations; and
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(C) to require notification of, and to monitor the use by, GATT Contracting Parties of import relief actions for their domestic industries.
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(B) to secure a review of the relationship of worker rights to GATT articles, objectives, and related instruments with a view to ensuring that the benefits of the trading system are available to all workers; and
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(C) to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade.
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(16) The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the GATT with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily for revenue on direct taxes rather than indirect taxes.
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(a) Before any major foreign country accedes, after August 23, 1988, to the GATT 1947, or to the WTO Agreement, the President shall determine—(1) whether state trading enterprises account for a significant share of—(A) the exports of such major foreign country, or(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and(2) whether such state trading enterprises—(A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or(B) are likely to result in such a burden, restriction, or effect.
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(1) the President shall reserve the right of the United States to withhold extension of the application of the GATT 1947 or the WTO Agreement, between the United States and such major foreign country, and
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(2) the GATT 1947 or the WTO Agreement shall not apply between the United States and such major foreign country until—(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—(i) will—(I) make purchases which are not for the use of such foreign country, and(II) make sales in international trade,in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or(B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and such major foreign country is enacted into law.
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(B) a bill submitted under subsection (c) which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and such major foreign country is enacted into law.
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(1) The President may submit to the Congress any draft of a bill which approves of the extension of the application of the GATT 1947 or the WTO Agreement between the United States and a major foreign country.
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(1) The term “GATT 1947” has the meaning given that term in section 3501(1)(A) of this title.
Citations to §2906(4)
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(6) A rate of duty reduction or increase that may not be proclaimed by reason of paragraph (2) may take effect only if a provision authorizing such reduction or increase is included within an implementing bill provided for under section 2903 of this title and that bill is enacted into law.
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(3) If it is proposed to implement two or more trade agreements in a single implementing bill under section 2903 of this title, the consultation under paragraph (1) shall include the desirability and feasibility of such proposed implementation.
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(i) a draft of an implementing bill,
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(C) the implementing bill is enacted into law.
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(A) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and
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(III) why the implementing bill and proposed administrative action is required or appropriate to carry out the agreement;
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(3) To ensure that a foreign country which receives benefits under a trade agreement entered into under section 2902(b) or (c) of this title is subject to the obligations imposed by such agreement, the President shall recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is consistent with the terms of such agreement. The President may also recommend with respect to any such agreement that the benefits and obligations of such agreement not apply uniformly to all parties to such agreement, if such application is consistent with the terms of such agreement.
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(A) the provisions of section 2191 of this title (hereinafter in this section referred to as “fast track procedures”) apply to implementing bills submitted with respect to trade agreements entered into under section 2902(b) or (c) of this title before June 1, 1991; and
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(B) such fast track procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under section 2902(b) or (c) of this title after May 31, 1991, and before June 1, 1993, if (and only if)—(i) the President requests such extension under paragraph (2); and(ii) neither House of the Congress adopts an extension disapproval resolution under paragraph (5) before June 1, 1991.
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(2) If the President is of the opinion that the fast track procedures should be extended to implementing bills described in paragraph (1)(B), the President must submit to the Congress, no later than March 1, 1991, a written report that contains a request for such extension, together with—(A) a description of all trade agreements that have been negotiated under section 2902(b) or (c) of this title and the anticipated schedule for submitting such agreements to the Congress for approval;(B) a description of the progress that has been made in multilateral and bilateral negotiations to achieve the purposes, policies, and objectives of this title, and a statement that such progress justifies the continuation of negotiations; and(C) a statement of the reasons why the extension is needed to complete the negotiations.
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(A) For purposes of this subsection, the term “extension disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: “That the disapproves the request of the President for the extension, under section 1103(b)(1)(B)(i) of the Omnibus Trade and Competitiveness Act of 1988, of the provisions of section 151 of the Trade Act of 1974 to any implementing bill submitted with respect to any trade agreement entered into under section 1102(b) or (c) of such Act after May 31, 1991, because sufficient tangible progress has not been made in trade negotiations.”, with the blank space being filled with the name of the resolving House of the Congress.
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(A) The fast track procedures shall not apply to any implementing bill submitted with respect to a trade agreement entered into under section 2902(b) or (c) of this title if both Houses of the Congress separately agree to procedural disapproval resolutions within any 60-day period.
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(E) For purposes of this subsection, the term “procedural disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: “That the President has failed or refused to consult with Congress on trade negotiations and trade agreements in accordance with the provisions of the Omnibus Trade and Competitiveness Act of 1988, and, therefore, the provisions of section 151 of the Trade Act of 1974 shall not apply to any implementing bill submitted with respect to any trade agreement entered into under section 1102(b) or (c) of such Act of 1988, if, during the 60-day period beginning on the date on which this resolution is agreed to by the , the agrees to a procedural disapproval resolution (within the meaning of section 1103(c)(1)(E) of such Act of 1988).”, with the first blank space being filled with the name of the resolving House of the Congress and the second blank space being filled with the name of the other House of the Congress.
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(2) The fast track procedures shall not apply to any implementing bill that contains a provision approving of any trade agreement which is entered into under section 2902(c) of this title with any foreign country if either—(A) the requirements of section 2902(c)(3) of this title are not met with respect to the negotiation of such agreement; or(B) the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives disapproves of the negotiation of such agreement before the close of the 60-day period which begins on the date notice is provided under section 2902(c)(3)(C)(i) of this title with respect to the negotiation of such agreement.
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(B) shall be treated as an implementing bill for purposes of subsections (d), (e), (f), and (g) of section 2191 of this title.
Citations to §2906(5)
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(6) The principal negotiating objective of the United States regarding trade and monetary coordination is to develop mechanisms to assure greater coordination, consistency, and cooperation between international trade and monetary systems and institutions.
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(i) to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and
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(C) to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade.
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(B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph.
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(1) Whenever the President determines that any barrier to, or other distortion of, international trade—(A) unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy; or(B) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect;and that the purposes, policies, and objectives of this title will be promoted thereby, the President may, before June 1, 1993, enter into a trade agreement with foreign countries providing for—(i) the reduction or elimination of such barrier or other distortion; or(ii) the prohibition of, or limitations on the imposition of, such barrier or other distortion.
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(1) Before June 1, 1993, the President may enter into bilateral trade agreements with foreign countries that provide for the elimination or reduction of any duty imposed by the United States. A trade agreement entered into under this paragraph may also provide for the reduction or elimination of barriers to, or other distortions of, the international trade of the foreign country or the United States.
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(II) make sales in international trade,
Citations to §2906(6)
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(i) state trading enterprises, and
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(I) each foreign country that is a party to the agreement maintains non-commercial state trading enterprises that may adversely affect, nullify, or impair the benefits to the United States under the agreement, and
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(1) whether state trading enterprises account for a significant share of—(A) the exports of such major foreign country, or(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and
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(2) whether such state trading enterprises—(A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or(B) are likely to result in such a burden, restriction, or effect.
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(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—(i) will—(I) make purchases which are not for the use of such foreign country, and(II) make sales in international trade,in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or