4
Proposed Determinations and Action
Although officials of USTR and other United States agencies
have conducted extensive consultations with Chinese government
officials concerning these market access barriers, negotiations
have failed to resolve all of the issues under investigation.
Consequently, USTR proposes to determine pursuant to section
304 (a) (1) (A) (ii) of the Trade Act that these market access
barriers maintained by China are unreasonable or discriminatory
and burden or restrict United States commerce.
If USTR makes an affirmative determination pursuant to
section 304 (a) (1) (A) (ii), USTR also must determine whether action
by the United States is appropriate. If USTR determines that
action is appropriate, section 301(b) of the Trade Act directs
USTR to take all appropriate and feasible action to obtain the
elimination of the unreasonable or discriminatory act, policy or
practice.
Therefore, USTR proposes to take the following action,
pursuant to the authority provided by section 301 (c) (1) (B) of the
Trade Act: To increase duties up to 100 percent ad valorem upon
certain products of China. The products to be subjected to the
increased tariffs will be drawn from the list of products set
forth in the Annex to this notice. In making this determination,
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