Title 19Customs DutiesRelease 119-73

§3106 Review of trade agreement implementation by Trade Representative

Title 19 › Chapter CHAPTER 19— - TELECOMMUNICATIONS TRADE › § 3106

Last updated Apr 6, 2026|Official source

Summary

Each year under section 181(a) of the Trade Act of 1974, the U.S. Trade Representative must check how U.S. trade agreements that cover telecommunications are working. That includes every trade deal the United States made under this law and any other in-force deals about telecom products or services. The Trade Representative must decide if a foreign country’s actions break the deal or if they block market opportunities that the agreement was meant to give U.S. telecom firms. When doing the review, the Trade Representative must look at real trade data, including U.S. exports, and talk with the U.S. International Trade Commission about any patterns that don’t match what the agreement’s commitments would predict. If the Trade Representative finds a violation, that finding counts as a formal violation under section 304(a)(1)(A) of the Trade Act. Then, using section 301 tools, the Trade Representative must first try steps that most directly affect telecom trade with the offending country unless targeting other sectors would be more effective.

Full Legal Text

Title 19, §3106

Customs Duties — Source: USLM XML via OLRC

(a)(1)In conducting the annual analysis under section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241), the Trade Representative 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; and
(B)every other trade agreement regarding telecommunications products or services that is in force with respect to the United States.
(2)In each review conducted under paragraph (1), the Trade Representative shall determine whether any act, policy, or practice of the foreign country that has entered into the agreement described in paragraph (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 and services of United States firms mutually advantageous market opportunities in that foreign country.
(b)(1)In conducting reviews under subsection (a), the Trade Representative shall consider any evidence of actual patterns of trade (including United States exports to a foreign country of telecommunications products and services, including sales and services 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 based on the international competitive position and export potential of such products and services.
(2)The Trade Representative shall consult with the United States International Trade Commission with regard to the actual patterns of trade described in paragraph (1).
(c)(1)Any affirmative determination made by the Trade Representative under subsection (a)(2) with respect to any act, policy, or practice of a foreign country shall, for purposes of chapter 1 of title III of the Trade Act of 1974 [19 U.S.C. 2411 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)] that such act, policy, or practice violates a trade agreement.
(2)In taking actions under section 301 [19 U.S.C. 2411] by reason of paragraph (1), the Trade Representative shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the Trade Representative determines that actions against other economic sectors would be more effective in achieving compliance by the foreign country with the trade agreement that is the subject of the affirmative determination made under subsection (a)(2).

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

19 U.S.C. § 3106

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73