Page:United States Statutes at Large Volume 88 Part 2.djvu/726

This page needs to be proofread.

[88 STAT. 2042]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2042]

2042

'Commerce."

19 USC 160. 19 USC 1303.

^."•^pi^^^ts, review.

Hearings. Fe^e^iTRe^rster Report't(^"^" congress.

PUBLIC LAW 93-618-JAN. 3, 1975

[88

STAT.

the President shall take all appropriate and feasible steps within his power to obtain the elimination of such restrictions or subsidies, and he— (A) may suspend, withdraw, or prevent the application of, or may refrain from proclaiming, benefits of trade agreement concessions to carry out a trade agreement with such country or instrumentality; and (B) may impose duties or other import restrictions on the products of such foreign country or instrumentality, and may impose fees or restrictions on the services of such foreign country or instrumentality, for such time as he deems appropriate. For purposes of this subsection, the term "commerce" includes services associated with the international trade. (b) I n determining what action to take under subsection (a), the President shall consider the relationship of such action to the purposes of this Act. Action shall be taken under subsection (a) against the foreign country or instrumentality involved, except that, subject to the provisions of section 302, any such action may be taken on a nondiscriminatory treatment basis. (c) The President in making a determination under this section, may take action under subsection (a)(3) with respect to the exports of a product to the United States by a foreign country or instrumentality if— (1) the Secretary of the Treasury has found that such country or instrumentality provides subsidies (or other incentives having the effect of subsidies) on such exports; (2) the International Trade Commission has found that such exports to the United States have the effect of substantially reducing sales of the competitive United States product or products in the United States; and (3) the President finds that the Antidumping Act, 1921, and section 303 of the Tariff Act of 1930 are inadequate to deter such practices. (d)(1) The President shall provide an opportunity for the presentation of views concerning the restrictions, acts, policies, or practices referred to in paragraphs (1), (2), (3), and (4) of subsection ^2) Upon complaint filed by any interested party with the Special Representative for Trade Negotiations alleging any such restriction, act, policy, or practice, the Special Representative shall conduct a rcvicw of the alleged restriction, act, policy, or practice, and, at the ^equest of the complainant, shall conduct public hearings thereon. The Special Representative shall have a copy of each complaint filed under

  • ^^® paragraph published in the Federal Register. The Special Represeutativc shall issue regulations concerning the filing of complaints

and the conduct of reviews and hearings under this paragraph and shall submit a report to the House of Representatives and the Senate semi-annually summarizing the reviews and hearings conducted by it under this paragraph during the preceding 6-month period. (e) Before the President takes any action under subsection (a) with respect to the import treatment of any product or the treatment of any service— (1) he shall provide an opportunity for the presentation of views concerning the taking of action with respect to such product or service, (2) upon request by any interested person, he shall provide for appropriate public hearings with respect to the taking of action with respect to such product or service, and