The Agreement on Agriculture allows for special safeguards that can be triggered by price declines in excess of certain limits.
The Agreement on Textiles and Clothing includes provision for use of “transitional safeguards” only on products not yet integrated into GATT (1994). Such safeguards may be applied selectively to particular exporters and may be maintained for a maximum of three years and have to be phased out over their duration.
The United States maintains restrictions on U.S. maritime cabotage (domestic point-to-point service) that require the use of vessels registered and built in the United States, and owned and crewed predominantly by U.S. citizens under the Merchant Marine Act of 1920, commonly known as the Jones Act.
The working groups cover: market access; custom procedures and rules of origin; investment; standards and technical barriers to trade; sanitary and phytosanitary measures; subsidies, antidumping and countervailing duties; and a “smaller economies” group. For further information on the work program of the groups see Background Papers, Chapter IX (SM/95/181).
The tariff-rate quota applied is two-tiered—US$50 per thousand board feet for the first 650 million board feet above 14.7 billion board feet and US$100 per thousand board feet for exports above 15.35 billion board feet. No export tariff is applied to exports less than 14.7 billion board feet.
The other request was made by USX Corporation and Inland Steel Company with respect to imports of flat coated steel products.
The 18-members of APEC are Australia, Brunei, Canada, Chile, China, Hong Kong, Indonesia, Japan, Malaysia, Mexico, New Zealand, Papau New Guinea, the Philippines, Singapore, the Republic of Korea, Taiwan Province of China, Thailand, and the United States.
For further details see “Declaration for Action and The Action agenda - The Implementation of the Bogor Declaration,” APEC Economic Leaders’ Meeting, Osaka, Japan, November 19, 1995.
The 15 specific areas include: tariffs, nontariff measures, services, investment, standards and conformance, customs, intellectual property rights, competition policy, government procurement, deregulation, rules of origin, dispute mediation, mobility of business persons, Uruguay Round implementation, and information gathering.
Title VII of the 1988 Omnibus Trade and Competitiveness Act requires the USTR to submit a yearly report to Congress identifying countries that: (i) are signatories to the GATT Government Procurement Code and are in violation of their obligations; and (ii) signatories and non-signatories to the Code that show a significant and persistent pattern or practice of discrimination in government procurement against the United States with identifiable harm to U.S. businesses, where there are also significant purchases by the U.S. Government of products or services from that country. In those cases involving areas not covered by the Code, following a period of consultations the President is authorized to impose sanctions.
When the U.S.-EU dispute over the EC Utilities Directive was resolved in April 1993, no agreement was reached with respect to telecommunications procurement, and U.S. sanctions were imposed on May 28, 1993. It was announced on June 10, 1993 that the United States had reached a bilateral agreement (the MOU), in which Germany agreed not to adopt discriminatory telecommunications practices in return for excluding Germany from U.S. sanctions.
Suspension agreements occur when exporters subject to an AD investigation agree to cease exports to the United States within six months or to revise their prices upward to eliminate any alleged dumping margin. An AD investigation is renewed if exporters violate the agreement.
Section 201 of the 1974 Trade Act implements Article XIX (the Safeguards Clause) of the GATT. It allows protection, on a nondiscriminatory (MFN) basis, to a domestic industry found to be seriously injured by imports.
Section 301 of the Trade Act of 1974, as amended, may be applied to enforce U.S. rights under bilateral and multilateral trade agreements and to respond to unreasonable, unjustifiable, or discriminatory foreign government practices that burden or restrict U.S. trade. Under the “special 301” provision of the 1988 Trade Act, the USTR must identify those countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access for persons that rely on intellectual property protection.
On March 3, 1994, the President reinstated by executive order the “super 301” provision of the 1988 Trade Act, which had expired in 1990. The reinstated super 301 procedure grants discretion to USTR that was not available under the original version. It also contains an “early warning” provision intended to encourage negotiations before a country is designated as a priority foreign country and a Section 301 investigation begins.
Designation of a country as a “priority foreign country” requires initiation of a Section 301 investigation unless USTR determines that certain special circumstances prevail.
The USTR undertakes a review of foreign practices each year within 30 days after the issuance of the National Trade Estimates Report. “Out of cycle” reviews occur between annual reviews.
The 25 countries on the watch list are: Australia, Bahrain, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, Egypt, El Salvador, Guatemala, Italy, Kuwait, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Russia, Saudi Arabia, Singapore, Thailand, United Arab Emirates, and Venezuela. Placement on the “priority watch list” or the “watch list” signals that problems exist regarding the protection or enforcement of intellectual property rights.
The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies was established in December 1995. It is based on a commitment by each country to enforce its own export laws. This arrangement complements existing multilateral export control regimes such as the Australia Group on chemical and biological weapons and the Nuclear Suppliers Group.