Page:United States Statutes at Large Volume 102 Part 2.djvu/177

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1181

"(3) A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copjrright, patent, or process patent through the use of laws, procedures, practices, or r^ulations which— "(A) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or "(B) constitute discriminatory nontariff trade barriers. "(e) PUBLICATiON.—The Trade Representative shall publish in the Federal R^^ter a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required lyjr reason of action under subsection (c).". (c) CONFORBfONG AMENDMENTS.—

(1) The heading for chapter 8 of title I of the Trade Act of 1974 is amended to read as follows: "CHAPTER 8—IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE ACTIONS". (2) The table of contents for the Trade Act of 1974 is amended— (A) by striking out the item relating to chapter 8 of title I and inserting in lieu thereof the following: "CHAPTBH 8—IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE PRACTICES",

and (B) by inserting after the item relating to section 181 the following new item: "Sec 182. Identification of countries that deny adequate protection, or market access, for intellectual property rigfate.". SEC 1304. AMENDMENTS TO THE NATIONAL TRADE ESTIMATES.

(a) IN GENERAL.—Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is amended— (1) by striking out "Not later than the date on which the initial report is required under subsection (b)(D/' in subsection (a)(1) and inserting in lieu thereof "For calendar year 1988, and for each succeeding calendar year,", (2) by inserting of each foreign country" after "or practices" in subsection (a)(l)(A), (3) by strildng out "and" at the end of subsection (a)(l)(A)(ii), (4) by striking out the period at the end of subsection (a)(l)(B) and inserting in lieu thereof "; and", (5) by adding at the end of subsection (a)(l) the following new subparagraph: "(C) make an estimate, if feasible, of— "(i) the value of additional goods and services of the United States, and "(ii) the value of additional foreign direct investment by United States persons, that would have been exported to, or invested in, each foreign country during such calendar year if each of such acts, policies, and prsictices of such country did not exist.", (6) by striking out and" at the end of subsection (a)(2)(C),

Federal Register, publication.