§3106 Review of Trade Agreement Implementation by Trade Representative

Summary

The United States Trade Representative must review each year, under section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241), how every trade agreement the U.S. has and every other trade deal about telecommunications that applies to the United States is working. For each agreement, the Trade Representative must decide if any actions, policies, or practices by the foreign country break the agreement or, under the agreement’s terms, deny U.S. telecom products and services fair market opportunities there. The Trade Representative must look at real trade patterns, including U.S. exports of telecom goods and related services, and talk with the U.S. International Trade Commission if actual trade does not match what the country’s commitments would predict. If the Trade Representative finds a violation, that finding is treated as an official violation under section 304(a)(1)(A) (19 U.S.C. 2414(a)(1)(A)). When using the powers in section 301 (19 U.S.C. 2411) because of that finding, the Trade Representative should first use actions that most directly affect telecom trade with the country, unless actions in other sectors would work better to gain compliance.