---
kind: "section"
citation: "19 U.S.C. § 3105"
title: "19"
title_heading: "Customs Duties"
number: "3105"
heading: "Actions to be taken if no agreement obtained"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3105"
units:
  - "Chapter 19 — Telecommunications Trade"
---

# §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](/usc/19/1677.md?p=3) identified under [section 3103 of this title](/usc/19/3103.md) which achieves the general negotiating [objectives](/usc/19/2576b.md?p=3) described in [section 3104(b) of this title](/usc/19/3104.md?p=b) as defined by the specific [objectives](/usc/19/2576b.md?p=3) established by the President for that [country](/usc/19/1677.md?p=3), the President shall take whatever actions authorized under [subsection (b)](#b) that are appropriate and most likely to achieve such general negotiating [objectives](/usc/19/2576b.md?p=3).
  - (2) In taking actions under [paragraph (1)](#a-1), the President shall first take those actions which most directly affect trade in [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) with the priority foreign [country](/usc/19/1677.md?p=3) referred to in [paragraph (1)](#a-1), unless the President determines that actions against other economic sectors would be more effective in achieving the general negotiating [objectives](/usc/19/2576b.md?p=3) referred to in [paragraph (1)](#a-1).
- (b) **Actions authorized—**
  - (1) The President is authorized to take any of the following actions under [subsection (a)](#a) with respect to any priority foreign [country](/usc/19/1677.md?p=3):
    - (A) termination, withdrawal, or suspension of any portion of any trade agreement entered into with such [country](/usc/19/1677.md?p=3) under—
      - (i) the Trade Act of 1974 [[19 U.S.C. 2101](/usc/19/2101.md) et seq.],
      - (ii) [section 1821 of this title](/usc/19/1821.md), or
      - (iii) [section 1351 of this title](/usc/19/1351.md),

      with respect to any duty or import restriction imposed by the [United States](/usc/19/1683.md?p=9) on any [telecommunications product](/usc/19/3102.md?p=2);

    - (B) actions described in section 301 of the Trade Act of 1974 [[19 U.S.C. 2411](/usc/19/2411.md)];
    - (C) prohibition of purchases by the Federal Government of [telecommunications products](/usc/19/3102.md?p=2) of such [country](/usc/19/1677.md?p=3);
    - (D) increases in domestic preferences under [chapter 83](/usc/41/chstIV/ch83.md) of title 41 for purchases by the Federal Government of [telecommunications products](/usc/19/3102.md?p=2) of such [country](/usc/19/1677.md?p=3);
    - (E) suspension of any waiver of domestic preferences under [chapter 83](/usc/41/chstIV/ch83.md) of title 41 which may have been extended to such [country](/usc/19/1677.md?p=3) pursuant to the Trade Agreements Act of 1979 with respect to [telecommunications products](/usc/19/3102.md?p=2) 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](/usc/19/3102.md?p=2) of such [country](/usc/19/1677.md?p=3); and
    - (G) suspension, in whole or in part, of benefits accorded articles of such [country](/usc/19/1677.md?p=3) under title V of the Trade Act of 1974 ([19 U.S.C. 2461](/usc/19/2461.md), et seq.).
  - (2) Notwithstanding section 125 of the Trade Act of 1974 [[19 U.S.C. 2135](/usc/19/2135.md)] and any other provision of law, if any portion of a trade agreement described in [paragraph (1)(A)](#b-1-A) is terminated, withdrawn, or suspended under [paragraph (1)](#b-1) with respect to any duty imposed by the [United States](/usc/19/1683.md?p=9) on the products of a foreign [country](/usc/19/1677.md?p=3), 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](/usc/19/1677.md?p=3) identified in the investigation conducted under [section 3103(a) of this title](/usc/19/3103.md?p=a), the 18-month period beginning on August 23, 1988, and
    - (B) with respect to any foreign [country](/usc/19/1677.md?p=3) identified as a priority foreign [country](/usc/19/1677.md?p=3) 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](/usc/19/1677.md?p=3) 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](/usc/19/1677.md?p=3), the President shall submit to appropriate committees of the Congress a report on the status of negotiations with such [country](/usc/19/1677.md?p=3) that includes—
      - (i) a finding by the President that substantial progress is being made in negotiations with such [country](/usc/19/1677.md?p=3), 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)](#a) if, after taking into consideration the factors described in [section 3103(b) of this title](/usc/19/3103.md?p=b), 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)](#a) or of the modification or termination of any such action under [subsection (d)](#d).

## Source credit

(Pub. L. 100–418, title I, § 1376, Aug. 23, 1988, 102 Stat. 1220.)

## Notes

### Editorial Notes

### References in Text

Subtitle A, referred to in subsec. (a)(1), is subtitle A (§§ 1101–1125) of title I of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1121. For complete classification of subtitle A to the Code, see Tables.

The Trade Act of 1974, referred to in subsec. (b)(1)(A)(i), (G), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. Title V of the Trade Act of 1974 is classified generally to subchapter V (§ 2461 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.

The Trade Agreements Act of 1979, referred to in subsec. (b)(1)(E), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables.

### Codification

In subsec. (b)(1)(D), (E), “chapter 83 of title 41” substituted for “title III of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

### Executive Documents

### Delegation of Functions

Functions of President under subsec. (e) relating to reports to Congressional committees delegated to United States Trade Representative, see section 1–401 of Ex. Ord. No. 21661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of this title.