Reciprocal Market Access Act of 2011 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty; and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government.
Requires the withdrawal of such a modification in specified circumstances until the USTR makes such a certification to Congress.
Directs the U.S. International Trade Commission (USITC) to assess and identify the tariff and nontariff barriers and policies and practices for such products that exist in the foreign country as well as expected opportunities for U.S. exports to such country if such barriers and policies and practices are eliminated.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1749 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1749
To enhance reciprocal market access for United States domestic
producers in the negotiating process of bilateral, regional, and
multilateral trade agreements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2011
Ms. Slaughter (for herself, Mr. DeFazio, Mr. Michaud, Ms. Moore, Mr.
Jones, Mr. Dingell, Mr. Higgins, Mr. Lipinski, Mr. Tonko, Ms. Sutton,
Mr. Hinchey, Mr. Kildee, Mr. Johnson of Georgia, Mr. Hastings of
Florida, Mr. Kucinich, Mr. Filner, Ms. Kaptur, Mr. McIntyre, Mr.
Kissell, Ms. DeLauro, Mr. Ryan of Ohio, Ms. Clarke of New York, Mr.
Garamendi, Mr. Lewis of Georgia, Ms. Pingree of Maine, Mr. Jackson of
Illinois, Mr. Braley of Iowa, Mr. Critz, Mr. Grijalva, Mr. Clay, Mr.
Gene Green of Texas, Mr. Israel, Mr. Olver, Mr. George Miller of
California, Ms. Woolsey, and Mr. Capuano) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To enhance reciprocal market access for United States domestic
producers in the negotiating process of bilateral, regional, and
multilateral trade agreements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access Act of
2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One of the fundamental tenets of the World Trade
Organization (WTO) is reciprocal market access. This principle
is underscored in the Marrakesh Agreement Establishing the
World Trade Organization which called for ``entering into
reciprocal and mutually advantageous arrangements directed to
the substantial reduction of tariffs and other barriers to
trade and to the elimination of discriminatory treatment in
international trade relations''.
(2) The American people have a right to expect that the
promises that trade negotiators and policy makers offer in
terms of the market access opportunities that will be available
to United States businesses and their employees if trade
agreements are reached, will, in fact, be realized. A results-
oriented approach must form the basis of future trade
negotiations that includes verification procedures to ensure
that the promised market access is achieved and that reciprocal
trade benefits result.
(3) With each subsequent round of bilateral, regional, and
multilateral trade negotiations, tariffs have been
significantly reduced or eliminated for many manufactured
goods, leaving nontariff barriers as the most pervasive,
significant, and challenging barriers to United States exports
and market opportunities.
(4) The United States market is widely recognized as one of
the most open markets in the world. Average United States
tariff rates are very low and the United States has limited, if
any, nontariff barriers.
(5) Often the only leverage the United States has to obtain
the reduction or elimination of nontariff barriers imposed by
foreign countries is to negotiate the amount of tariffs the
United States imposes on imports from those foreign countries.
(6) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced or eliminated without securing elimination of
the real barrier or barriers that deny United States businesses
access to a foreign market.
(b) Purpose.--The purpose of this Act is to require that United
States trade negotiations achieve measurable results for United States
businesses by ensuring that trade agreements result in expanded market
access for United States exports and not solely the elimination of
tariffs on goods imported into the United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of law, on or
after the date of the enactment of this Act, the President may not
agree to a modification of an existing duty that would reduce or
eliminate the bound or applied rate of such duty on any product in
order to carry out a trade agreement entered into between the United
States and a foreign country until the President transmits to Congress
a certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification by the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of a foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers as
having the same physical characteristics and uses as the
product for which a modification of an existing duty is sought
by the President as described in subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1) is immediately enforceable in accordance with
the provisions of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the President does agree
to a modification described in section 3(a), and the United States
Trade Representative determines pursuant to subsection (c) that--
(1) a tariff or nontariff barrier or policy or practice of
the government of a foreign country described in section 3(a)
has not been reduced or eliminated, or
(2) a tariff or nontariff barrier or policy or practice of
such government has been imposed or discovered,
the modification shall be withdrawn until such time as the United
States Trade Representative submits to Congress a certification
described in section 3(b)(1).
(b) Investigation.--
(1) In general.--The United States Trade Representative
shall initiate an investigation if an interested party files a
petition with the United States Trade Representative which
alleges the elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to the
petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the
United States of a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought;
(B) a certified union or recognized union or group
of workers engaged in the manufacture, production, or
wholesale in the United States of a domestic product
that has the same physical characteristics and uses as
the product for which a modification of an existing
duty is sought;
(C) a trade or business association a majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought; and
(D) a member of the Committee on Ways and Means of
the House of Representatives or a member of the
Committee on Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after the date
on which a petition is filed under subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination.
SEC. 5. MARKET ACCESS ASSESSMENT BY INTERNATIONAL TRADE COMMISSION.
(a) In General.--The International Trade Commission shall conduct
an assessment of the impact of each proposed trade agreement between
the United States and a foreign country on tariff and nontariff
barriers and policies and practices of the government of the foreign
country with respect to United States exports of any product identified
by United States domestic producers as having the same physical
characteristics and uses as the product for which a modification of an
existing duty is sought by the President as described in section 4(a).
(b) Identification.--In conducting the assessment under subsection
(a), the International Trade Commission shall identify the tariff and
nontariff barriers and policies and practices for such products that
exist in the foreign country and the expected opportunities for exports
from the United States to the foreign country if existing tariff and
nontariff barriers and policies and practices are eliminated.
(c) Consultation.--In conducting the assessment under subsection
(a), the International Trade Commission shall, as appropriate, consult
with and seek to obtain relevant documentation from United States
domestic producers of products having the same physical characteristics
and uses as the product for which a modification of an existing duty is
sought by the President as described in section 4(a).
(d) Report.--Not later than 45 days before the date on which
negotiations for a proposed trade agreement described in subsection (a)
are initiated, the International Trade Commission shall submit to the
United States Trade Representative, the Secretary of Commerce, and
Congress a report on the proposed trade agreement that contains the
assessment under subsection (a) conducted with respect to such proposed
trade agreement. The report shall be submitted in unclassified form,
but may contain a classified annex if necessary.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E822-823)
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line