reduction or elimination of that country's tariff barriers and nontarriff barriers to (or other distortions of) trade in United States wine. (b)(1) the President shall notify each of the Committees regarding the extent and effect on the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreement Act of 1979, and during the 12-month period beginning on the date of the enactment of this Act, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12month period) for each major wine trading country, shall include (A) a description of each act, policy, and practice (and of its legal basis and operation) in that country that constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine (and that description shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979); (B) an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party; (C) information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, or practice, including, but not limited to (i) any action under the Trade Act of 1974, and (ii) any negotiation or consultation with any foreign government; (D) if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; and (E) recommendations to the Congress of any additional legislative authority or other action which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by section 242(a) of the Trade Expansion Act of 1962. (c) If the President, after taking into account information and advice received under subsections (a) and (b), section 906 or from other sources, determines that action is appropriate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (for other distortion of) trade in United States wine and— (1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or (2) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President, shall take all appropriate and feasible action under the Trade Act of 1974 to enforce the rights of the United States under any such trade agreement or to obtain the elimination of such act, policy, or practice. SEC. 906. REQUIRED CONSULTATIONS. The Trade Representative shall consult with the Committees and with representatives of the wine and grape products industries in the United States (1) before identifying tariff barriers and nontarriff barriers to (or other distortions of) trade in United States wine and designating major wine trading countries under section 904; (2) in developing the reports required under section 905(b); and (3) for purposes of determining whether action by the President is appropriate under any provision of the Trade Act of 1974 with respect to any act, policy, or practice referred to in section 905(b)(1). SEC. 907. UNITED STATES WINE EXPORT PROMOTION. In order to develop, maintain, and expand foreign markets for United States wine, the President is encouraged to (1) utilize, for the fiscal year ending September 30, 1985, the authority provided under section 135 of the Omnibus Budget Reconciliation Act of 1982 to make available sufficient funds to initiate, in cooperation with nongovernmental trade association representative of United States wineries, an export promotion program for United States; and (2) request, for each subsequent fiscal year, an appropriation for such a wine export promotion program that will not be at the expense of any appropriations requested for export promotion programs involving other agriculture commodities. Section 1125 of the Omnibus Trade and Competitiveness Act of 1988 [19 U.S.C. 2804 note; P.L. 100-418] SEC. 1125. REPORTS ON NEGOTIATIONS TO ELIMINATE WINE TRADE BARRIERS. Before the close of the 13-month period beginning on the date of the enactment of this Act, the President shall update each report that the President submitted to the Committee on Ways and Means and the Committee on Finance under section 905(b) of the Wine Equity and Export Expansion Act of 1984 (19 U.S.C. 2804) and submit the updated report to both of such committees. Each updated report shall contain, with respect to the major wine trading country concerned (1) a description of each tariff or nontariff barrier to (or other distortion of) trade in United States wine of that country with respect to which the United States Trade Representative has carried out consultations since the report required under such section 905(b) was submitted; (2) the status of the consultations described under paragraph (1); and (3) information, explanations, and recommendations of the kind referred to in paragraph (1) (C), (D), and (E) of such section 905(b) that are based on developments (including the taking of relevant actions, if any, of a kind not contemplated at the time of the enactment of such 1984 Act) since the submission of the report required under such section. F. MOST-FAVORED-NATION (NONDISCRIMINATORY) TREATMENT 1. MFN Principle Section 251 of the Trade Expansion Act of 1962 [19 U.S.C. 1881; P.L. 87-794] SEC. 251. MOST-FAVORED-NATION PRINCIPLE. Except as otherwise provided in this title, in section 350(b) of the Tariff Act of 1930, or in section 401(a) of the Tariff Classification Act of 1962, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this title or section 350 of the Tariff Act of 1930 shall apply to products of all foreign countries, whether imported directly or indirectly. Section 126(a) of the Trade Act of 1974 [19 U.S.C. 2136; P.L. 93-618] SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT. (a) Except as otherwise provided in this Act or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this title shall apply to products of all foreign countries, whether imported directly or indirectly. Section 1103(a)(3) of the Omnibus Trade and Competitiveness Act of 1988 [19 U.S.C. 2903; P.L. 100-418] SEC. 1103. IMPLEMENTATION OF TRADE AGREEMENTS (a)(3) To ensure that a foreign country which receives benefits under a trade agreement entered into under section 1102(b) or (c) is subject to the obligations imposed by such agreement, the President shall recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is consistent with the terms of such agreement. The President may also recommend with respect to any such agreement that the benefits and obligations of such agreement not apply uniformly to all parties to such agreement, if such application is consistent with the terms of such agreement. 2. Trade Relations with Nonmarket Economy Countries Rate of Duty Column 2. Notwithstanding any of the foregoing provisions of this note, the rates of duty shown in column 2 shall apply to products, whether imported directly or indirectly, of the following countries and areas pursuant to section 401 of the Tariff Classification Act of 1962, to section 231 or 257(e)(2) of the Trade Expansion Act of 1962, to section 404(a) of the Trade Act of 1974 or to any other applicable section of law, or to action taken by the President thereunder: Title IV of the Trade Act of 1974, as amended [19 U.S.C. 2431, P.L. 93-618, as amended by P.L. 96-39, Reorganization Plan No. 3 of 1979, P.L. 100-418, and P.L. 101-382] SEC. 401. EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR AREAS Except as otherwise provided in this title, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on the date of the enactment of this Act. SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE. (a) To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after the date of the enactment of this Act products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country— (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice, List as printed in the 1993 edition. Since that printing, Albania has been granted most-favored-nation (MFN) column 1 tariff treatment and legislation was enacted (Public Law 102-420) removing MFN status from Serbia-Montenegro. Certain independent republics of the former Union of Soviet Socialist Republics have also been granted column 1 MFN treatment. (See separate description under Most-Favored-Nation Treatment.) and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3). (b) After the date of the enactment of this Act, (A) products of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (C) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of emigration laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter so long as such treatment is received, such credits or guarantees are extended, or such agreement is in effect. (c)(1) During the 18-month period beginning on the date of the enactment of this Act, the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section. (2) During any period subsequent to the 18-month period referred to in paragraph (1), the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if the waiver authority granted by this subsection continues to apply to such country pursuant to subsection (d), and if he reports to the Congress that (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section. (3) A waiver with respect to any country shall terminate on the day after the waiver authority granted by this subsection ceases to be effective with respect to such country pursuant to subsection (d). The President may, at any time, terminate by Executive order any waiver granted under this subsection. (d)1) If the President determines that the further extension of the waiver authority granted under subsection (c) will substantially promote the objectives of this section, he may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall (A) be made not later than 30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and |