,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdfg ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjac,ms4 ,slaughter 7for herself1 ,mr4 ,jones1 ,ms4 ,de,lauro1 ,mr4 ,de,fazio1 ,mr4 ,tonko1 ,mr4 ,michaud1 ,mr4 ,conyers1 ,ms4 ,kaptur1 ,mr4 ,mc,govern1 ,mr4 ,tierney1 ,mr4 ,johnson of ,georgia1 ,mr4 ,higgins1 and ,ms4 ,mc,collum7 introduced the following bill2 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 bilateral1 regional1 and multilateral trade agreements4 #a4 ,short title ,this ,act may be cited as the ,reciprocal ,market ,access ,act of #bjac4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,one of the fundamental tenets of the ,world ,trade ,organization 7,,wto7 is reciprocal market access4 ,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 relations4 7#b7 ,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 reached1 will1 in fact1 be realized4 ,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 result4 7#c7 ,with each subsequent round of bilateral1 regional1 and multilateral trade negotiations1 tariffs have been significantly reduced or eliminated for many manufactured goods1 leaving nontariff barriers as the most pervasive1 significant1 and challenging barriers to ,united ,states exports and market opportunities4 7#d7 ,the ,united ,states market is widely recognized as one of the most open markets in the world4 ,average ,united ,states tariff rates are very low and the ,united ,states has limited1 if any1 nontariff barriers4 7#e7 ,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 countries4 7#f7 ,under the current negotiating process1 negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained1 meaning that tradeoffs are tariff-for-tariff and nontariff-for-nontariff4 ,as a result1 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 market4 7b7 ,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 ,states4 #c4 ,limitation on authority to reduce or eliminate rates of duty pursuant to certain trade agreements 7a7 ,limitation ,notwithstanding any other provision of law1 on or after the date of the enactment of this ,act1 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 7b74 7b7 ,certification ,a certification referred to in subsection 7a7 is a certification by the ,president that-- 7#a7 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 7a7 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 7a72 and 7#b7 a violation of any provision of the trade agreement described in subsection 7a7 relating to the matters described in paragraph 7#a7 is immediately enforceable in accordance with the provisions of section #d4 #d4 ,enforcement provisions 7a7 ,withdrawal of tariff concessions ,if the ,president does agree to a modification described in section #c7;a71 and the ,interagency ,trade ,enforcement ,center determines pursuant to subsection 7c7 that-- 7#a7 a tariff or nontariff barrier or policy or practice of the government of a foreign country described in section #c7;a7 has not been reduced or eliminated1 or 7#b7 a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered1 the ,united ,states ,trade ,representative shall withdraw the modification until such time as the ,president transmits to ,congress a certification described in section #c7;b77#a74 7b7 ,investigation 7#a7 ,in general ,the ,interagency ,trade ,enforcement ,center1 in coordination with the ,department of ,labor1 shall initiate an investigation if an interested party files a petition with the ,interagency ,trade ,enforcement ,center which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection 7a71 and which is accompanied by information reasonably available to the petitioner supporting such allegations4 7#b7 ,interested party defined ,for purposes of paragraph 7#a71 the term interested party means-- 7,a7 a manufacturer1 producer1 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 sought2 7,b7 a certified union or recognized union or group of workers engaged in the manufacture1 production1 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 sought2 7,c7 a trade or business association a majority of whose members manufacture1 produce1 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 sought2 or 7,d7 a member of the ,committee on ,ways and ,means of the ,house of ,representatives or a member of the ,committee on ,finance of the ,senate4 7c7 ,determination by ,,itec ,not later than #de days after the date on which a petition is filed under subsection 7b71 the ,interagency ,trade ,enforcement ,center shall-- 7#a7 determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection 7a72 and 7#b7 notify the petitioner of the determination under paragraph 7#a7 and the reasons for the determination4 7d7 ,definition ,in this section1 the term ,interagency ,trade ,enforcement ,center means the ,interagency ,trade ,enforcement ,center established under section #b of ,executive ,order #acfja 7#gg ,fed4 ,reg4 #abiha2 ,february #bh1 #bjab74 #e4 ,market access assessment by ,united ,states ,international ,trade ,commission 7a7 ,in general ,with respect to any proposed trade agreement in which the ,president seeks 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 country1 the ,united ,states ,international ,trade ,commission shall initiate an investigation and report as to the possible market access opportunities of the modification or elimination of foreign tariff and nontariff measures for ,united ,states industries producing and exporting similar products4 ,in preparing its report1 the ,international ,trade ,commission shall identify the tariff and nontariff measures for such products and the expected opportunities for ,united ,states exports4 7b7 ,consultation ,in preparing its report under subsection 7a71 the ,united ,states ,international ,trade ,commission shall1 as appropriate1 seek to obtain relevant information from domestic producers of similar products1 industry associations1 government representatives1 and other interested organizations4 7c7 ,report 7#a7 ,in general ,not later than #bdj days after the ,president notifies ,congress of his intent to enter into negotiations for a proposed trade agreement described in subsection 7a71 or not later than #de days after the ,president notifies ,congress of his intent to enter into a trade agreement1 whichever occurs first1 the ,united ,states ,international ,trade ,commission shall submit to the ,united ,states ,trade ,representative1 the ,secretary of ,commerce1 and ,congress the report required under subsection 7a74 7#b7 ,form ,such report shall be submitted in unclassified form1 but may contain a classified annex1 if necessary4