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1 (c) (1) Except as otherwise provided in paragraph

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(2), no proclamation shall be made pursuant to subsection

(a) (2) increasing any rate of duty to (or imposing) a rate

4 above the higher of the following: (A) the rate which is

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50 percent above the rate existing on July 1, 1934, or (B) 6 the rate which is 20 percent ad valorem above the rate 7 existing on July 1, 1973.

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(2) The limitation set forth in paragraph (1) may be 9 exceeded with respect to the conversion by the United States 10 of a barrier to (or other distortion of) international trade 11 into a rate of duty which affords substantially equivalent 12 protection, to the extent that it is necessary to exceed such 13 limitation to effectuate such conversion.

14 SEC. 102. NONTARIFF BARRIERS TO AND OTHER DISTOR

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TIONS OF TRADE.

(a) The Congress finds that barriers to (and other dis17 tortions of) international trade are reducing the growth of 18 foreign markets for the products of United States agricul19 ture, industry, mining, and commerce, diminishing the in20 tended mutual benefits of reciprocal trade concessions, and 21 preventing the development of open and nondiscriminatory 22 trade among nations. The President is urged to take all ap23 propriate and feasible steps within his power (including the

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1 full exercise of the rights of the United States under inter2 national agreements) to reduce or eliminate barriers to (and 3 other distortions of) international trade. The President is 4 further urged to utilize the authority granted by subsection 5 (b) to negotiate trade agreements with other countries and 6 instrumentalities providing on a basis of mutuality for the 7 reduction or elimination of such barriers to (and other dis8 tortions of) international trade. Nothing in this subsection 9 shall be construed as prior approval of any legislation which 10 may be necessary to implement an agreement concerning 11 barriers to (or other distortions of) international trade. 12 (b) (1) Whenever the President determines that any 13 existing barriers to (or other distortions of) international 14 trade of any foreign country or the United States are un15 duly burdening and restricting the foreign trade of the 16 United States and that the purposes stated in section 2 will 17 be promoted thereby, the President, during the 5-year period 18 beginning on the date of the enactment of this Act, may 19 enter into trade agreements with foreign countries or instru20 mentalities providing for the reduction or elimination of 21 such barriers or other distortions.

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(2) Except as provided in subsection (g) (1), no trade 23 agreement entered into under this section may provide for 24 any modification in a rate of duty imposed by the United 25 States.

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(c) (1) A principal United States negotiating objec

2 tive under this section shall be to obtain with respect to

3 each product sector of manufacturing, and with respect to 4 the agricultural sector, competitive opportunities for United 5 States exports to the developed countries of the world 6 equivalent to the competitive opportunities afforded in 7 United States markets to the importation of like or similar 8 products, taking into account all barriers (including tariffs) 9 to and other distortions of international trade affecting that 10 sector.

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(2) To the maximum extent appropriate to the achieve12 ment of the negotiating objective set forth in paragraph (1), 13 trade agreements entered into under this section shall be 14 negotiated, to the extent feasible, on the basis of each product 15 sector of manufacturing and on the basis of the agricul16 tural sector.

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(3) For purposes of this subsection and of section 135, 18 the Special Representative for Trade Negotiations together 19 with the Secretary of Cominerce or Agriculture, as appro20 priate, sball, after consultation with the Advisory Committee 21 for Trade Negotiations established by section 135 and after 22 consultation with interested private organizations, define ap23 propriate product sectors of manufacturing.

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(4) The President shall include in his statement on each

25 trade agreement submitted to each House of the Congress

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1 pursuant to section 162 (a), a sector-by-sector analysis of

2 the extent to which the objective set forth in paragraph (1)

3 has been achieved.

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(d) Before the President enters into any trade agree5 ment under this section providing for the reduction or elim6 ination of a barrier to (or other distortion of) international 7 trade, he shall consult with the Committee on Ways and S Means of the House of Representatives and the Committee on Finance of the Senate.

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1.1

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(e) (1) Whenever—

(A) the President enters into a trade agreement

under this section providing for the reduction or elim

ination of a barrier to (or other distortion of) international trade, and

(B) the President submits such agreement (and the proclamations and orders proposed to be issued for the purpose of implementing such agreement) to the Congress for its approval in accordance with subsection (f),

20 such agreement shall enter into force with respect to the 21 United States, and such proclamations and orders shall take 22 effect if (and only if) the provisions of subsection (f) are 23 complied with.

2.1

(2) The procedure set forth in subsection (f) may be

25 used with respect to a trade agreement whether or not the

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1 implementation of such agreement requires further action by

2 the Congress.

3 (f) Any trade agreement submitted to the Congress 4 under this subsection shall enter into force with respect to 5 the United States, and the proclamations and orders required 6 or appropriate to carry out such agreement which are sub7 mitted with such agreement shall take effect, if (and only 8 if)

(1) the President, not less than 90 days before the day on which he enters into such trade agreement, notifies the House of Representatives and the Senate of his intention to enter into such an agreement, and promptly thereafter publishes notice of such intention in the Federal Register;

(2) after entering into the agreement, the President delivers a copy of such agreement to the House of Representatives and to the Senate together with(A) a copy of the proclamations and orders, if any, proposed to be issued for the purpose of implementing such agreement and an explanation as to how the proclamations and orders affect existing law, and

(B) a statement of his reasons as to how the agreement serves the interests of United States com

merce and as to why each such proclamation and