---
kind: "section"
citation: "19 U.S.C. § 3106"
title: "19"
title_heading: "Customs Duties"
number: "3106"
heading: "Review of trade agreement implementation by Trade Representative"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3106"
units:
  - "Chapter 19 — Telecommunications Trade"
---

# §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](/usc/19/2241.md)), the [Trade Representative](/usc/19/3102.md?p=1) 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](/usc/19/1683.md?p=9); and
    - (B) every other trade agreement regarding [telecommunications products](/usc/19/3102.md?p=2) or [services](/usc/19/2576b.md?p=4) that is in force with respect to the [United States](/usc/19/1683.md?p=9).
  - (2) In each review conducted under [paragraph (1)](#a-1), the [Trade Representative](/usc/19/3102.md?p=1) shall determine whether any act, policy, or practice of the foreign [country](/usc/19/1677.md?p=3) that has entered into the agreement described in [paragraph (1)](#a-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](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4) of [United States](/usc/19/1683.md?p=9) firms mutually advantageous market opportunities in that foreign [country](/usc/19/1677.md?p=3).
- (b) **Review factors—**
  - (1) In conducting reviews under [subsection (a)](#a), the [Trade Representative](/usc/19/3102.md?p=1) shall consider any evidence of actual patterns of trade (including [United States](/usc/19/1683.md?p=9) exports to a foreign [country](/usc/19/1677.md?p=3) of [telecommunications products](/usc/19/3102.md?p=2) and [services](/usc/19/2576b.md?p=4), including sales and [services](/usc/19/2576b.md?p=4) 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](/usc/19/1677.md?p=3) based on the international competitive position and export potential of such products and [services](/usc/19/2576b.md?p=4).
  - (2) The [Trade Representative](/usc/19/3102.md?p=1) shall consult with the [United States](/usc/19/1683.md?p=9) International Trade [Commission](/usc/19/1677.md?p=2) with regard to the actual patterns of trade described in [paragraph (1)](#b-1).
- (c) **Action in response to affirmative determination—**
  - (1) Any affirmative determination made by the [Trade Representative](/usc/19/3102.md?p=1) under [subsection (a)(2)](#a-2) with respect to any act, policy, or practice of a foreign [country](/usc/19/1677.md?p=3) shall, for purposes of [chapter 1](/usc/19/chch1.md) of title III of the Trade Act of 1974 [[19 U.S.C. 2411](/usc/19/2411.md) 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)](/usc/19/2414.md?p=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](/usc/19/2411.md)] by reason of [paragraph (1)](#c-1), the [Trade Representative](/usc/19/3102.md?p=1) 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)](#c-1), unless the [Trade Representative](/usc/19/3102.md?p=1) determines that actions against other economic sectors would be more effective in achieving compliance by the foreign [country](/usc/19/1677.md?p=3) with the trade agreement that is the subject of the affirmative determination made under [subsection (a)(2)](#a-2).

## Source credit

(Pub. L. 100–418, title I, § 1377, Aug. 23, 1988, 102 Stat. 1222.)

## Notes

### Editorial Notes

### References in Text

The Trade Act of 1974, referred to in subsec. (c)(1), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title III of the Trade Act of 1974 is classified generally to subchapter III (§ 2411 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.