8

I by subsection (a) of this section by not more than whichever

2 of the following is lesser:

3.

5

6

7

(1) the difference between the limitation and the

next lower whole number, or

(2) one-half of 1 per centum ad valorem, or ad

valorem equivalent.

(d) The provisions of subsection (a) need not be

8 applied if the total reduction in the rate of duty does not

10

9 exceed 10 per centum of the rate prior to the reduction. (e) Nothing contained herein shall prevent the Presi11 dent, where he determines that it is appropriate, from pro12 viding in the case of certain products, that reductions pur13 suant to a trade agreement under this title shall become fully 14 effective over a longer period of time than that provided in 15 subsection (a).

16 SEC. 103. NONTARIFF BARRIERS TO TRADE.-(a) The 17 Congress finds that trade barriers and other distortions of 18 international trade are reducing the growth of foreign 19 markets for the products of United States commerce (in20 cluding agriculture, manufacturing, mining, and fishing), 21 diminishing the intended mutual benefits of reciprocal trade 22 concessions, and preventing the development of open and 23 nondiscriminatory trade among nations. It is the will of the 24 Congress that the President take all appropriate and feasible 25 steps within his power to reduce, eliminate, or harmonize

9

1 barriers and other distortions of international trade in order

2 to further the objective of providing better access for prod

3 ucts of the United States to foreign markets.

4

(b) In order to further the objectives of subsection (a), 5 the President is urged to negotiate trade agreements with 6 other countries and instrumentalities providing on a basis of 7 mutuality for the reduction, elimination, or harmonization 8 of barriers and other distortions of international trade. 9 Nothing in this subsection or in subsection (a) shall be con10 strued as prior approval of any legislation that may be 11 necessary to implement an agreement concerning trade 12 barriers and other distortions of international trade.

13

(c) The President, whenever he finds that it will be of 14 substantial benefit to the United States, is hereby authorized 15 to take any action required or appropriate to carry out any 16 trade agreement negotiated pursuant to subsection (b), to 17 the extent that such implementation is limited to à reduction 18 of the burden on trade resulting from methods of customs 19 valuation, from establishing the quantities on which assess20 ments are made, and from requirements for marking of coun21 try of origin.

22

(d) Whenever the President enters into a trade agree23 ment providing for the reduction, harmonization, or elimina24 tion of barriers or other distortions of international trade, and 25 the President determines that it is necessary or appropriate

10

1 to seek additional action by Congress in order to implement 2 such agreement, he may authorize the entry into force of 3 such agreement and issue such orders as may be necessary 4 for the United States to fulfill its obligations under such 5 agreement, subject to the procedures contained in sub6 section (e).

7 (e) Orders issued pursuant to subsection (d) shall be

8 valid pursuant to this section

9

10

11

12

13

3±

14

15

16

(1) only if the President has given notice to the Senate and to the House of Representatives of his intention to utilize this procedure, such notice to be given at least ninety days in advance of his entering into an agreement;

(2) only after the expiration of ninety days from the date on which the President delivers a copy of such

agreement to the Senate and to the House of Represent17 atives, as well as a copy of his proposed orders in

18

19

20

21

222

23

relation to existing law and a statement of his reasons as to how the agreement serves the interests of United States commerce and as to why the proposed orders are

necessary to carry out the agreement; and

(3) only if between the date of delivery of the agreement to the Senate and to the House of Represent24 atives and the expiration of the ninety-day period re

25

ferred to in subsection (e) (2) above, neither the Sen

11

1

2

3

4

ate nor the House of Representatives has adopted a resolution, by an affirmative vote by the yeas and nays

of a majority of the authorized membership of that House, stating that it disapproves of the agreement.

5 For purposes of subsection (e) (2), in the computation of 6 the ninety-day period there shall be excluded the days on 7 which either House is not in session because of adjournment of 8 more than three days to a day certain or an adjournment 9 of the Congress sine die. The notices referred to in sub10 section (e) (1) and the documents referred to in subsection 11 (e) (2) shall be delivered to both Houses of the Congress 12 on the same day and shall be delivered to the Clerk of the 13 House of Representatives if the House of Representatives 14 is not in session and to the Secretary of the Senate if the 15 Senate is not in session.

CHAPTER 2-HEARINGS AND ADVICE CONCERNING

NEGOTIATIONS PURSUANT TO TITLE I

SUBCHAPTER A-TITLE I PRENEGOTIATION

REQUIREMENTS

SEC. 111. TARIFF COMMISSION ADVICE.-(a) In connection with any proposed trade agreement under sec

tion 101, the President shall from time to time publish

and furnish the Tariff Commission with lists of articles

which may be considered for modification or continuance

12

of United States duties, continuance of United States duty-free or excise treatment, or additional duties.

(b) Within six months after receipt of such a list, the Tariff Commission shall advise the President with

respect to each article of its judgment as to the probable economic effect of modifications of duties on industries

producing like or directly competitive articles, so as to assist the President in making an informed judgment as to the impact that might be caused by such modifications on United States industry, agriculture, and labor.

(c) In preparing its advice to the President, the Tariff Commission shall, to the extent practicable

(1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles in question and the

domestic industries producing the like or directly competitive articles;

(2) analyze the production, trade, and consumption of each like or directly competitive article, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors

in such industries as it considers relevant, including

prices, wages, sales, inventories, patterns of demand,