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1. Trade Legislation and Related Documents

a. General Trade Laws

(1) Omnibus Trade and Competitiveness Act of 1988 Partial text of Public Law 100-418 [H.R. 4848], 102 Stat. 1107, approved August 23, 1988; as amended by Public Law 100-647 [Technical and Miscellaneous Revenue Act of 1988; H.R. 4333], 102 Stat. 3342, approved November 10, 1988; Public Law 101-240 [International Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989; Public Law 101-382 [Customs and Trade Act of 1990; H.R. 1594], 104 Stat. 629, approved August 20, 1990; Public Law 102-429 [Export Enhancement Act of 1992; H.R. 5739], 106 Stat. 2186, approved October 21, 1992; Public Law 102–549 [Jobs Through Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved October 28, 1992; Public Law 103-49 (H.R. 1876], 107 Stat. 239, approved July 2, 1993; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-382 [Improving America's Schools Act of 1994; H.R. 6], 108 Stat. 3518, approved October 20, 1994; Public Law 103-392 [Jobs Through Trade Expansion Act of 1994; H.R. 4950), 108 Stat. 4098, approved October 22, 1994; Public Law 103-465 [Uruguay Round Agreements Act; H.R. 5110], 108 Stat. 4809, approved December 8, 1994; Public Law 104-65 [Lobbying Disclosure Act of 1995; S. 1060], 109 Stat. 691, approved December 19, 1995; Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law 104-188 [Small Business Job Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public Law 104-288 [United States National Tourism Organization Act of 1996; H.R. 2579], 110 Stat. 3402, approved October 11, 1996; and by Public Law 104-295 [Miscellaneous Trade and Technical Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved October 11, 1996

NOTE. The Omnibus Trade and Competitiveness Act of 1988 consists of amendments to several Public Laws relating to tariff and trade. Amendments have been incorporated at the appropriate places. Freestanding provisions are presented here, or it is noted where such provisions appear elsewhere in this compilation.

AN ACT To enhance the competitiveness of American industry, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Omnibus Trade and Competitiveness Act of 1988".

(b) TABLE OF CONTENTS.

119 U.S.C. 2901 note.

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Sec. 1101. Overall and principal trade negotiating objectives of the United
States

218

Sec. 1102. Trade agreement negotiating authority

223

Sec. 1103. Implementation of trade agreements

227

Sec. 1105. Termination and reservation authority; reciprocal nondiscriminatory treatment

231

Sec. 1106. Accession of state trading regimes to the General Agreement on
Tariffs and Trade

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Sec. 1122. Implementation of United States-EC Agreement on citrus and pasta

236

Sec. 1123. Extension of International Coffee Agreement Act of 1980
Sec. 1124. Negotiations on currency exchange rates

237

237

Sec. 1125. Reports on negotiations to eliminate wine trade barriers

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Sec. 1203. Congressional approval of United States accession to the Convention

238

Sec. 1204. Enactment of the Harmonized Tariff Schedule

239

Sec. 1205. Commission review of, and recommendations regarding, the Harmonized Tariff Schedule

241

Sec. 1206. Presidential action on Commission recommendations
Sec. 1207. Publication of the Harmonized Tariff Schedule

242

242

Sec. 1208. Import and export statistics

243

Sec. 1209. Coordination of trade policy and the Convention

243

Sec. 1210. United States participation on the Customs Cooperation Council regarding the Convention .....

243

Sec. 1211. Transition to the Harmonized Tariff Schedule
Sec. 1212. Reference to the Harmonized Tariff Schedule
Sec. 1216. Commission report on operation of subtitle
Sec. 1217. Effective dates

244

246

247

247

SUBTITLE C-RESPONSE TO UNFAIR INTERNATIONAL TRADE PRACTICES

PART 1-ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSES TO FOREIGN TRADE PRACTICES

Sec. 1303. Identification of countries that deny adequate and effective protection of intellectual property rights

247

Sec. 1305. Investigation of barriers in Japan to certain United States services

248

Sec. 1306. Trade and economic relations with Japan

248

Sec. 1307. Supercomputer trade dispute

249

PART 2-IMPROVEMENT IN THE ENFORCEMENT OF THE ANTIDUMPING AND
COUNTERVAILING DUTY LAWS

Sec. 1311. Reference to title VII of the Tariff Act of 1930

250

Sec. 1317. Third-country dumping

250

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Sec. 1375. Negotiations in response to investigation

255

Sec. 1376. Actions to be taken if no agreement obtained

257

Sec. 1377. Review of trade agreement implementation by Trade Representative

259

Sec. 1378. Compensation authority

260

Sec. 1379. Consultations

269

Sec. 1380. Submission of data; action to ensure compliance

261

Sec. 1381. Study on telecommunications competitiveness in the United
States

261

Sec. 1382. International obligations

262

SUBTITLE D-ADJUSTMENT TO IMPORT COMPETITION

PART 3-TRADE ADJUSTMENT ASSISTANCE

Sec. 1428. Imposition of small uniform fee on all imports
Sec. 1429. Study of certification methods

Sec. 1430. Effective dates

SUBTITLE E-NATIONAL SECURITY

Sec. 1501. Imports that threaten national security

SUBTITLE H-MISCELLANEOUS CUSTOMS AND TRADE PROVISIONS

PART 1-CUSTOMS PROVISIONS

Sec. 1908. Duty-free sales enterprises

........

Sec. 1909. Caribbean Basin Initiative

Sec. 1910. Ethyl alcohol and mixtures for fuel use

Sec. 1911. Enforcement of restrictions on imports from Cuba

PART 2-MISCELLANEOUS TRADE PROVISIONS

Sec. 1933. Coal exports to Japan

262

263

263

265

266

266

267

267

268

Sec. 1934. Purchases of United States-made automotive parts by Japan
Sec. 1935. Effect of imports on crude oil production and refining capacity
in the United States

268

269

Sec. 1936. Study of trade barriers established by auto producing countries
to auto imports and the impact on the United States market
Sec. 1937. Lamb meat imports

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Sec. 2101. United States-Mexico Framework Agreement on Trade and Investment

270

Sec. 2102. Relations with countries providing offensive weaponry to belligerent countries in the Persian Gulf region

270

PART II-FAIR TRADE IN AUTO PARTS

Sec. 2121. Short title

Sec. 2122. Definition

270

271

Sec. 2125. Expiration date

Sec. 2123. Establishment of initiative on auto parts sales to Japan
Sec. 2124. Establishment of special advisory committee on auto parts sales
in Japan

271

271 272

SUBTITLE B-EXPORT ENHANCEMENT

PART I-GENERAL PROVISIONS

Sec. 2201. Commercial personnel at the American Institute of Taiwan
Sec. 2202. Country reports on economic policy and trade practices
Sec. 2203. Overseas Private Investment Corporation

272

272

273

Sec. 2204. Trade and Development Agency 2

273

Sec. 2205. Barter and countertrade

276

Sec. 2206. Protection of United States intellectual property

277

Sec. 2207. Report on worker rights

277

Sec. 2208. Japanese importation of manufactured goods from less developed countries

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[See Legislation on Foreign Relations Through 1996, vol. I—B]

SUBTITLE C-EXPORT PROMOTION

Sec. 2301. United States and Foreign Commercial Service

278

Sec. 2302. Commercial Service officers and multilateral development bank
procurement [transferred to International Financial Institutions Act]
Sec. 2303. Market development cooperator program

282

Sec. 2304. Trade shows

Sec. 2305. Authorization of appropriations for export promotion programs
Sec. 2306. United States and Foreign Commercial Service Pacific Rim initia-
tive

284

285

285

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2 Sec. 202(e) of Public Law 102-549 (106 Stat. 3657) provided that "Any reference in any law to the Trade and Development Program shall be deemed to be a reference to the Trade and Development Agency.".

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Sec. 3004. International negotiations on exchange rate and economic policies
Sec. 3005. Reporting requirements

302

Sec. 3006. Definitions

303 304

SUBTITLE B-INTERNATIONAL DEBT

PART I-FINDINGS, PURPOSES, AND STATEMENT OF POLICY

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Sec. 3112. Actions to facilitate creation of the authority
Sec. 3113. IMF-World Bank review

307

308

PART III-REGULATORY PROVISIONS AFFECTING INTERNATIONAL DEBT

Sec. 3121. Provisions relating to the regulation of depository institutions
Sec. 3122. Studies relating to the regulation of depository institutions
Sec. 3123. Limited purpose special drawing rights for the poorest heavily
indebted countries

308

309

309

SUBTITLE C-MULTILATERAL DEVELOPMENT BANKS

[transferred to International Financial Institutions Act]

SUBTITLE D-EXPORT-IMPORT BANK AND TIED AID CREDIT AMENDMENTS [See page 1001.]

SUBTITLE F-PRIMARY DEALERS

Sec. 3501. Short title

311

Sec. 3502. Requirement of national treatment in underwriting Government debt instruments

311

SUBTITLE G-FINANCIAL REPORTS

Sec. 3601. Short title

312

Sec. 3602. Quadrennial reports on foreign treatment of United States financial institutions

312

Sec. 3603. Fair trade in financial services
Sec. 3604. Banks loan loss reserves

313

313

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