image displayed if flash reader not installed
Super 301
This "reciprocity" law was originally enacted as part of the Omnibus Trade and Competitiveness Act of 1988, and subsequently amended. The text shown here is as codified in section 2242 of Title 19 of the U.S. Code.

 

 

 

Other instruments related the U.S. reciprocity policy include:

See also the CENTRAL guides to Trade Remedies, Disputes, and Controls and to the Trade Laws of the United States.

 

 

 

 


TITLE 19, U.S. CODE


SUBCHAPTER III - ENFORCEMENT OF UNITED STATES
RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE
TO CERTAIN FOREIGN TRADE PRACTICES

Sec. 2420. Identification of trade expansion priorities

(a) Identification

(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.

(b) Initiation of investigations
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.

(c) Agreements for elimination of barriers
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.

(d) Reports
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.