(iii) require that measures are trans-
parently developed and implemented, are 
based on risk assessments that take into 
account relevant international guidelines 
and scientific data, and are not more re-
strictive on trade than necessary to meet 
the intended purpose; and 
(iv) improve import check processes, 
including testing methodologies and proce-
dures, and certification requirements, 
while recognizing that countries may put in 
place measures to protect human, animal, or 
plant life or health in a manner consistent with 
their international obligations, including the 
WTO Agreement on the Application of Sanitary 
and Phytosanitary Measures (referred to in sec-
tion 101(d)(3) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(3))); 
(B) reducing or eliminating, by a date cer-
tain, tariffs or other charges that decrease mar-
ket opportunities for United States exports— 
(i) giving priority to those products 
that are subject to significantly higher tar-
iffs or subsidy regimes of major producing 
countries; and 
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(ii) providing reasonable adjustment 
periods for United States import sensitive 
products, in close consultation with Con-
gress on such products before initiating 
tariff reduction negotiations; 
(C) reducing tariffs to levels that are the 
same as or lower than those in the United 
States; 
(D) reducing or eliminating subsidies that 
decrease market opportunities for United States 
exports or unfairly distort agriculture markets 
to the detriment of the United States; 
(E) allowing the preservation of programs 
that support family farms and rural commu-
nities but do not distort trade; 
(F) developing disciplines for domestic sup-
port programs, so that production that is in ex-
cess of domestic food security needs is sold at 
world prices; 
(G) eliminating government policies that 
create price depressing surpluses; 
(H) eliminating state trading enterprises 
whenever possible; 
(I) developing, strengthening, and clari-
fying rules to eliminate practices that unfairly 
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decrease United States market access opportu-
nities or distort agricultural markets to the det-
riment of the United States, and ensuring that 
such rules are subject to efficient, timely, and 
effective dispute settlement, including— 
(i) unfair or trade distorting activities 
of state trading enterprises and other ad-
ministrative mechanisms, with emphasis on 
requiring price transparency in the oper-
ation of state trading enterprises and such 
other mechanisms in order to end cross 
subsidization, price discrimination, and 
price undercutting; 
(ii) unjustified trade restrictions or 
commercial requirements, such as labeling, 
that affect new technologies, including bio-
technology; 
(iii) 
unjustified 
sanitary 
or 
phytosanitary restrictions, including re-
strictions not based on scientific principles 
in contravention of obligations in the Uru-
guay Round Agreements or bilateral or re-
gional trade agreements; 
(iv) other unjustified technical bar-
riers to trade; and 
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(v) restrictive rules in the administra-
tion of tariff rate quotas; 
(J) eliminating practices that adversely af-
fect trade in perishable or cyclical products, 
while improving import relief mechanisms to 
recognize the unique characteristics of perish-
able and cyclical agriculture; 
(K) ensuring that import relief mecha-
nisms for perishable and cyclical agriculture are 
as accessible and timely to growers in the 
United States as those mechanisms that are 
used by other countries; 
(L) taking into account whether a party to 
the negotiations has failed to adhere to the pro-
visions of already existing trade agreements 
with the United States or has circumvented ob-
ligations under those agreements; 
(M) taking into account whether a product 
is subject to market distortions by reason of a 
failure of a major producing country to adhere 
to the provisions of already existing trade 
agreements with the United States or by the 
circumvention by that country of its obligations 
under those agreements; 
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