---
kind: "section"
citation: "19 U.S.C. § 3104"
title: "19"
title_heading: "Customs Duties"
number: "3104"
heading: "Negotiations in response to investigation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3104"
units:
  - "Chapter 19 — Telecommunications Trade"
---

# §3104. Negotiations in response to investigation

- (a) **In general—** Upon—
  - (1) the date that is 30 days after the date on which any foreign [country](/usc/19/1677.md?p=3) is identified in the investigation conducted under [section 3103(a) of this title](/usc/19/3103.md?p=a) as a priority foreign [country](/usc/19/1677.md?p=3), and
  - (2) the date on which any foreign [country](/usc/19/1677.md?p=3) is identified under [section 3103(c)(1)(B) of this title](/usc/19/3103.md?p=c-1-B) as a priority foreign [country](/usc/19/1677.md?p=3),

  the President shall enter into negotiations with such priority foreign [country](/usc/19/1677.md?p=3) for the purpose of entering into a bilateral or multilateral trade agreement under [chapter 17](/usc/19/chch17.md) of this title which meets the specific negotiating [objectives](/usc/19/2576b.md?p=3) established by the President under [subsection (b)](#b) for such priority foreign [country](/usc/19/1677.md?p=3).

- (b) **Establishment of specific negotiating objectives for each foreign priority country—**
  - (1) The President shall establish such relevant specific negotiating [objectives](/usc/19/2576b.md?p=3) on a [country](/usc/19/1677.md?p=3)-by-[country](/usc/19/1677.md?p=3) basis as are necessary to meet the general negotiating [objectives](/usc/19/2576b.md?p=3) of the [United States](/usc/19/1683.md?p=9) under this section.
  - (2)
    - (A) The President may refine or modify specific negotiating [objectives](/usc/19/2576b.md?p=3) for particular negotiations in order to respond to circumstances arising during the negotiating period, including—
      - (i) changed practices by the priority foreign [country](/usc/19/1677.md?p=3),
      - (ii) tangible substantive developments in multilateral negotiations,
      - (iii) changes in competitive positions, technological developments, or
      - (iv) other relevant factors.
    - (B) By no later than the date that is 30 days after the date on which the President makes any modifications or refinements to specific negotiating [objectives](/usc/19/2576b.md?p=3) under [subparagraph (A)](#b-2-A), the President shall submit to appropriate committees of the Congress a statement describing such modifications or refinements and the reasons for such modifications or refinements.
- (c) **General negotiating objectives—** The general negotiating [objectives](/usc/19/2576b.md?p=3) of the [United States](/usc/19/1683.md?p=9) under this section are—
  - (1) to obtain multilateral or bilateral agreements (or the modification of existing agreements) that provide mutually advantageous market opportunities for trade in [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) between the [United States](/usc/19/1683.md?p=9) and foreign [countries](/usc/19/1677.md?p=3);
  - (2) to correct the imbalances in market opportunities accruing from reductions in barriers to the access of [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) of foreign firms to the [United States](/usc/19/1683.md?p=9) market; and
  - (3) to facilitate the increase in [United States](/usc/19/1683.md?p=9) exports of [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) to a level of exports that reflects the competitiveness of the [United States](/usc/19/1683.md?p=9) telecommunications [industry](/usc/19/1677.md?p=4-A).
- (d) **Specific negotiating objectives—** The specific negotiating [objectives](/usc/19/2576b.md?p=3) of the [United States](/usc/19/1683.md?p=9) under this section regarding [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) are to obtain—
  - (1) national treatment for [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) that are provided by [United States](/usc/19/1683.md?p=9) firms;
  - (2) most-favored-nation treatment for such products and [services](/usc/19/2576b.md?p=4);
  - (3) nondiscriminatory procurement policies with respect to such products and [services](/usc/19/2576b.md?p=4) and the inclusion under the Agreement on Government Procurement of the procurement (by sale or lease by government-owned or controlled entities) of all [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4);
  - (4) the reduction or elimination of customs duties on [telecommunications products](/usc/19/3102.md?p=2);
  - (5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4);
  - (6) the elimination of investment barriers that restrict the establishment of foreign-owned business entities which market such products and [services](/usc/19/2576b.md?p=4);
  - (7) assurances that any requirement for the registration of [telecommunications products](/usc/19/3102.md?p=2), which are to be located on customer premises, for the purposes of—
    - (A) attachment to a telecommunications network in a foreign [country](/usc/19/1677.md?p=3), and
    - (B) the marketing of the products in a foreign [country](/usc/19/1677.md?p=3),

    be limited to the certification by the manufacturer that the products meet the [standards](/usc/19/2576b.md?p=5) established by the foreign [country](/usc/19/1677.md?p=3) for preventing harm to the network or network personnel;

  - (8) transparency of, and open participation in, the [standards](/usc/19/2576b.md?p=5)-setting processes used in foreign [countries](/usc/19/1677.md?p=3) with respect to [telecommunications products](/usc/19/3102.md?p=2);
  - (9) the ability to have [telecommunications products](/usc/19/3102.md?p=2), which are to be located on customer premises, approved and registered by type, and, if appropriate, the establishment of procedures between the [United States](/usc/19/1683.md?p=9) and foreign [countries](/usc/19/1677.md?p=3) for the mutual recognition of type approvals;
  - (10) access to the basic telecommunications network in foreign [countries](/usc/19/1677.md?p=3) on reasonable and nondiscriminatory terms and conditions (including nondiscriminatory prices) for the provision of value-added [services](/usc/19/2576b.md?p=4) by [United States](/usc/19/1683.md?p=9) suppliers;
  - (11) the nondiscriminatory procurement of [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) by foreign entities that provide local exchange [telecommunications services](/usc/19/2576b.md?p=8) which are owned, controlled, or, if appropriate, regulated by foreign governments; and
  - (12) monitoring and effective dispute settlement mechanisms to facilitate compliance with matters referred to in the preceding paragraphs of this subsection.

## Source credit

(Pub. L. 100–418, title I, § 1375, Aug. 23, 1988, 102 Stat. 1218.)

## Notes

### Editorial Notes

### References in Text

Chapter 17 of this title, referred to in subsec. (a), was in the original “part 1 of subtitle A”, meaning part 1 (§§ 1101–1117) of subtitle A of title I of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1121, which enacted chapter 17 (§ 2901 et seq.) of this title and amended sections 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables.

### Executive Documents

### Delegation of Functions

Functions of President under this section relating to certain telecommunications negotiations delegated to United States Trade Representative, see section 1–401 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of this title.