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Code · BILL · 118th Congress · S. 3878 (Introduced in Senate) — To establish a regional trade, investment, and people-to-people partnership of countries in the Western Hemisphere to... · Sec. 221

Sec. 221. Tariff reciprocity under GATT 1994

354 words·~2 min read·/bill/118/s/3878/is/section-221·

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It is the sense of Congress that— the United States has one of the lowest applied duty rates in the world, with bound duty rates set in parity to applied rates; in using article XXVIII of GATT 1994 to renegotiate bound duty rates, the United States can gain flexibility in its tariff schedules, which will provide certainty to treaty-based tariff countries under free trade agreements and provide maneuverability in the case of egregious behavior by other WTO members, including the People's Republic of China; and having the lowest bound duty rates has resulted in unsustainable trade deficits that have become an issue for the national security of the United States.
The Trade Representative shall increase average bound duty rates to reflect reciprocal duty rates on goods listed under the Harmonized Tariff Schedule of the United States among WTO members. In increasing bound duty rates under paragraph (1), the Trade Representative is not required to raise applied duty rates. The Trade Representative shall commence negotiations under article XXVIII of GATT 1994 to increase bound duty rates on all goods. In carrying out negotiations under paragraph (1), the Trade Representative shall— prioritize the increase of bound duty rates on— goods entering the United States from countries identified as bad faith actors by the Secretary of the Treasury for exclusion of deminimis access; and goods entering the United States causing significant harm to industry in the United States, as determined by the Trade Representative; and commit to increase rates of duties on imports into the United States if other countries do not decrease their rates in line with those rates in Schedule XX, including through consideration of national averages of duty reciprocity.
In this section: The term applied duty rate means the actual duty rate applied to a good. The term bound duty rate means the maximum duty rate that may be applied to a good. The terms GATT 1994 , Schedule XX , and WTO member have the meanings given those terms in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 ). The term Trade Representative means the United States Trade Representative.
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Sec. 221
Tariff reciprocity under GATT 1994
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