(1) Within 180 days after the submission in calendar year 1995 of the report required by section 2241(b) of this title, the Trade Representative shall—
(A) review United States trade expansion priorities,
(B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent, and
(C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices identified.
(2) In identifying priority foreign country practices under paragraph (1) of this section, the Trade Representative shall take into account all relevant factors, including—
(A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 2241(b) of this title;
(B) the trade agreements to which a foreign country is a party and its compliance with those agreements;
(C) the medium- and long-term implications of foreign government procurement plans; and
(D) the international competitive position and export potential of United States products and services.
(3) The Trade Representative may include in the report, if appropriate—
(A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and
(B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries and progress is being made toward the elimination of such practices.
By no later than the date which is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1) of this section, the Trade Representative shall initiate under section 2412(b)(1) of this title investigations under this subchapter with respect to all of the priority foreign country practices identified.
In the consultations with a foreign country that the Trade Representative is required to request under section 2413(a) of this title with respect to an investigation initiated by reason of subsection (b) of this section, the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits.
The Trade Representative shall include in the semiannual report required by section 2419 of this title a report on the status of any investigations initiated pursuant to subsection (b) of this section and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States.
(Pub. L. 93–618, title III, §310, as added Pub. L. 100–418, title I, §1302(a), Aug. 23, 1988, 102 Stat. 1176; amended Pub. L. 103–465, title III, §314(f), Dec. 8, 1994, 108 Stat. 4941.)
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Last modified: October 26, 2015