[SAA for WTO Concerning Section 301] DSU URUGUAY ROUND TRADE AGREEMENT, STATEMENT OF ADMINISTRATIVE ACTION, UNDERSTANDING ON RULES AND H.R. DOC. PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES, NO. 316, 103D CONG., 2D SESS., VOL. 1, 1027-1029, 1032-1036 (27 SEPTEMBER 1994) 1. Implementing Bill … d. Amendments to Section 301 and Trade Agreements Act Section 314 of the bill [the which Uruguay Round Agreements Act of 1994, amended parts of 19 U.S.C. §§ 2411, 2414, 2416, and 2420] amends various provisions of section 301 of the [19 U.S.C. §§ 2411-2420] dealing with the Trade Act of 1974 conduct of section 301 investigations and the authority of the Trade Representative to respond to unfair trade practices by foreign governments. (1) Authority under Section 301 Section 314(a)(1) clarifies that the Trade Representative’s authority, subject to the direction of the President, encompasses any power of the President, with respect to trade in goods and services or to relations with the foreign country in question. This clarification reflects the Administration’s intent to expand the focus of possible action under section 301 to areas that are not within the scope of U.S. obligations under the Uruguay Round Agreements. Section 314(a)(2) amends section 301 to eliminate the requirement to give priority to imposition of duties in all instances. Pursuant to the amendment, such priority is to be accorded only if the Representative determines that action under section 301 is to be in the form of import restrictions. … (2) Unreasonable Practices Related to Intellectual Property or Anticompetitive Activities Subsection (c)(1) amends the definition of an act, policy or “unreasonable practice” for the purposes of section 301. The subsection clarifies that the Trade Representative may determine that a country is denying adequate and effective protection of intellectual property rights even if the country is in compliance with the TRIPs The subsection also adds denial of nondiscriminatory market access Agreement. opportunities for U.S. persons that rely on intellectual property protection to the definition. … In addition, the subsection clarifies that the definition of act, policy “unreasonable
[SAA for WTO DSU Concerning Section 301] URUGUAY ROUND TRADE AGREEMENT, STATEMENT OF ADMINISTRATIVE ACTION, UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES, H.R. DOC. NO. 316, 103D CONG., 2D SESS., VOL. 1, 1027-1029, 1032-1036 (27 SEPTEMBER 1994) 1. Implementing Bill … d. Amendments to Section 301 and Trade Agreements Act Section 314 of the bill [the Uruguay Round Agreements Act of 1994, which amended parts of 19 U.S.C. §§ 2411, 2414, 2416, and 2420] amends various provisions of section 301 of the Trade Act of 1974 [19 U.S.C. §§ 2411-2420] dealing with the conduct of section 301 investigations and the authority of the Trade Representative to respond to unfair trade practices by foreign governments. (1) Authority under Section 301 Section 314(a)(1) clarifies that the Trade Representative’s authority, subject to the direction of the President, encompasses any power of the President, with respect to trade in goods and services or to relations with the foreign country in question. This clarification reflects the Administration’s intent to expand the focus of possible action under section 301 to areas that are not within the scope of U.S. obligations under the Uruguay Round Agreements. Section 314(a)(2) amends section 301 to eliminate the requirement to give priority to imposition of duties in all instances. Pursuant to the amendment, such priority is to be accorded only if the Representative determines that action under section 301 is to be in the form of import restrictions. … (2) Unreasonable Practices Related to Intellectual Property or Anticompetitive Activities Subsection (c)(1) amends the definition of an “unreasonable act, policy or practice” for the purposes of section 301. The subsection clarifies that the Trade Representative may determine that a country is denying adequate and effective protection of intellectual property rights even if the country is in compliance with the TRIPs Agreement. The subsection also adds denial of nondiscriminatory market access opportunities for U.S. persons that rely on intellectual property protection to the definition. … In addition, the subsection clarifies that the definition of “unreasonable act, policy
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