I 

108TH CONGRESS 

1ST SESSION H. R. 2365

To amend United States trade laws to address more effectively import crises, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. ENGLISH (for himself, Mr. LEVIN, and Mr. HOUGHTON) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL

To amend United States trade laws to address more 

effectively import crises, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Law Reform 

5 Act of 2003’’. 
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1 TITLE I—AMENDMENTS TO 

2 TITLE VII OF THE TARIFF ACT 

3 OF 1930

4 SEC. 101. CAPTIVE PRODUCTION. 

5 Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 

6 U.S.C. 1677(7)(C)(iv)) is amended to read as follows: 

7 ‘‘(iv) CAPTIVE PRODUCTION.—If do8 mestic producers transfer internally, in9 cluding to affiliated persons as defined in 

10 paragraph (33), significant production of 

11 the domestic like product for the produc12 tion of a downstream article and sell sig13 nificant production of the domestic like 

14 product in the merchant market, then the 

15 Commission, in determining market share 

16 and the factors affecting financial perform17 ance set forth in clause (iii), shall focus 

18 primarily on the merchant market for the 

19 domestic like product.’’. 

20 SEC. 102. PRICE. 

21 Section 771(7)(C)(ii) of the Tariff Act of 1930 (19 

22 U.S.C. 1677(7)(C)(ii)) is amended by adding at the end 

23 the following flush sentence: 

24 ‘‘The Commission shall not conclude that 

25 imports of the subject merchandise do not 
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1 have a significant effect on prices merely 

2 because of the volume of imports of the 

3 subject merchandise.’’. 

4 SEC. 103. VULNERABILITY OF INDUSTRY; CUMULATION. 

5 Section 771(7)(C)(iii) of the Tariff Act of 1930 (19 

6 U.S.C. 1677(7)(C)(iii)) is amended in the last sentence 

7 by striking the period at the end and inserting ‘‘, including 

8 whether the industry is vulnerable to the effects of imports 

9 of the subject merchandise.’’. 

10 (b) CUMULATION.—Section 771(7)(G)(i) of the Tar11 iff Act of 1930 (19 U.S.C. 1677(7)(G)(i)) is amended to 

12 read as follows: 

13 ‘‘(i) IN GENERAL.—For purposes of 

14 clauses (i) and (ii) of subparagraph (C), 

15 and subject to clause (ii), the Commission 

16 shall cumulatively assess the volume and 

17 effect of imports of the subject merchan18 dise from all countries subject to petitions 

19 filed under section 702(b) or 732(b), or 

20 subject to investigations initiated under 

21 702(a) or 732(a), if such petitions were 

22 filed, or such investigations were initiated, 

23 within 90 days before the date on which 

24 the Commission is required to make its 

25 final injury determination, and if such im-
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1 ports compete with each other and with 

2 the domestic like product in the United 

3 States market.’’. 

4 SEC. 104. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND 

5 INJURY. 

6 Section 771(7)(E)(ii) of the Tariff Act of 1930 (19 

7 U.S.C. 1677(7)(E)(ii)) is amended by adding at the end 

8 the following: ‘‘The Commission need not determine the 

9 significance of imports of the subject merchandise relative 

10 to other economic factors.’’. 

11 SEC. 105. PREVENTION OF CIRCUMVENTION. 

12 Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 

13 1677j(c)) is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(3) SPECIAL RULE.—The administering au16 thority shall apply paragraph (1) with respect to al17 tered merchandise excluded from the merchandise 

18 description used in an outstanding order or finding, 

19 if such application is not inconsistent with the af20 firmative determination of the Commission on which 

21 the order or finding is based.’’. 

22 SEC. 106. PERISHABLE AGRICULTURAL PRODUCTS. 

23 (a) DEFINITION OF INDUSTRIES.—Section 771(4)(A) 

24 of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is 

25 amended by adding at the end the following: ‘‘If the Com-
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1 mission determines that an agricultural product has a 

2 short shelf life and is a perishable product, the Commis3 sion shall treat the producers of the product in a defined 

4 period or season as the domestic industry. If the sub5 heading under the Harmonized Tariff Schedules of the 

6 United States for an agricultural product has a 6- or 8-

7 digit classification based on the period of time during the 

8 calendar year in which the product is harvested or im9 ported, such periods of time constitute a defined period 

10 or season for purposes of this paragraph.’’. 

11 (b) DETERMINATION OF INJURY.—Section 

12 771(7)(D) of the Tariff Act of 1930 (19 U.S.C. 

13 1677(7)(D)) is amended by adding at the end the fol14 lowing new clauses: 

15 ‘‘(iii) In the case of an agricultural in16 dustry involving a perishable product with 

17 a short shelf life, if a request for seasonal 

18 evaluation has been made by the peti19 tioners, the Commission shall consider the 

20 factors in subparagraph (C) on a seasonal 

21 basis during the period identified as rel22 evant. 

23 ‘‘(iv) In the case of agricultural prod24 ucts, partially picked or unpicked crops 

25 and abandoned acreage may be considered
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1 in lieu of other measures of capacity and 

2 capacity utilization. 

3 ‘‘(v) The impact of other factors, such 

4 as weather, on agricultural production and 

5 producers shall not be weighed against the 

6 contribution of the imported subject mer7 chandise to the condition of the domestic 

8 industry.’’. 

9 SEC. 107. FULL RECOGNITION OF SUBSIDY CONFERRED 

10 THROUGH PROVISION OF GOODS AND SERV11 ICES AND PURCHASE OF GOODS. 

12 Section 771(5)(E) of the Tariff Act of 1930 (19 

13 U.S.C. 1677(5)(E)) is amended by adding at the end the 

14 following: ‘‘If transactions in the country which is the sub15 ject of the investigation or review do not reflect market 

16 conditions due to government action associated with provi17 sion of the good or service or purchase of the good, deter18 mination of the adequacy of remuneration shall be through 

19 comparison with a market price for a comparable item 

20 elsewhere in the world.’’. 

21 SEC. 108. REIMBURSEMENT OF DUTIES. 

22 Section 772(d) of the Tariff Act of 1930 (19 U.S.C. 

23 1677a(d)) is amended—

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (2); 
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1 (2) by striking the period at the end of para2 graph (3) and inserting a semicolon; and 

3 (3) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(4) if the importer is the producer or exporter, 

6 or the importer and the producer or exporter are af7 filiated persons, an amount equal to the dumping 

8 margin calculated under section 771(35)(A), unless 

9 the producer or exporter is able to demonstrate that 

10 the importer was in no way reimbursed for any anti11 dumping duties paid; and 

12 ‘‘(5) if the importer is the producer or exporter, 

13 or the importer and the producer or exporter are af14 filiated persons, an amount equal to the net 

15 countervailable subsidy calculated under section 

16 771(6), unless the producers or exporter is able to 

17 demonstrate that the importer was in no way reim18 bursed for any countervailing duties paid.’’. 

19 SEC. 109. EXPORT PRICE AND CONSTRUCTED EXPORT 

20 PRICE. 

21 Section 772(c)(2)(A) of the Tariff Act of 1930 (19 

22 U.S.C. 1677a(c)(2)(A)) is amended by inserting ‘‘(includ23 ing countervailing duties imposed under this title)’’ after 

24 ‘‘duties’’. 
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1 SEC. 110. EFFECTIVE DATE. 

2 The amendments made by this title shall apply with 

3 respect to determinations made under title VII of the Tar4 iff Act of 1930 that—

5 (1) are made with respect to investigations ini6 tiated or petitions filed on or after the date of the 

7 enactment of this Act; or 

8 (2) have not become final as of such date of en9 actment. 

10 TITLE II—SAFEGUARD 

11 AMENDMENTS 

12 SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE 

13 TRADE ACT OF 1974. 

14 (a) TEST FOR POSITIVE ADJUSTMENTS TO IMPORT

15 COMPETITION.—Section 201(a) of the Trade Act of 1974 

16 (19 U.S.C. 2251(a)) is amended by striking ‘‘be a sub17 stantial cause of serious injury, or the threat thereof,’’ and 

18 inserting ‘‘cause or threaten to cause serious injury’’. 

19 (b) INVESTIGATIONS AND DETERMINATIONS.—Sec20 tion 202 of such Act (19 U.S.C. 2252) is amended—

21 (1) in subsection (b)(1)(A), by striking ‘‘be a 

22 substantial cause of serious injury, or the threat 

23 thereof,’’ and inserting ‘‘cause or threaten to cause 

24 serious injury’’; 

25 (2) by amending subsection (b)(1)(B) to read 

26 as follows: 
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1 ‘‘(B) For purposes of this section, the term 

2 ‘cause’ refers to a cause that contributes signifi3 cantly to serious injury, or the threat thereof, to the 

4 domestic industry but need not be equal to or great5 er than any other cause.’’; 

6 (3) in subsection (c)—

7 (A) by amending paragraph (1)(A) to read 

8 as follows: 

9 ‘‘(A) with respect to serious injury—

10 ‘‘(i) change in the level of sales, pro11 duction, productivity, capacity utilization, 

12 profits and losses, and employment; 

13 ‘‘(ii) the significant idling of produc14 tive facilities in the domestic industry; 

15 ‘‘(iii) the inability of a significant 

16 number of firms to carry out domestic pro17 duction operations at a reasonable level of 

18 profit; and 

19 ‘‘(iv) significant unemployment or 

20 underemployment within the domestic in21 dustry;’’; 

22 (B) in paragraph (1)(B)—

23 (i) in clause (iii) by striking ‘‘; and’’ 

24 and inserting ‘‘, and’’; and
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1 (ii) by inserting after clause (iii) the 

2 following: 

3 ‘‘(iv) foreign production capacity, for4 eign inventories, the level of demand in 

5 third country markets, and the availability 

6 of other export markets to absorb any ad7 ditional exports; and’’; 

8 (C) by amending paragraph (1)(C) to read 

9 as follows: 

10 ‘‘(C) with respect to cause—

11 ‘‘(i) the rate, amount, and timing of 

12 the increase in imports of the product con13 cerned in absolute and relative terms, in14 cluding whether there has been a substan15 tial increase in imports over a short period 

16 of time; and 

17 ‘‘(ii) the share of the domestic market 

18 taken by increased imports.’’; 

19 (D) by redesignating paragraphs (3) 

20 through (6) as paragraphs (5) through (8), re21 spectively; 

22 (E) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) In making determinations under para25 graph (1)(A) and (B), if domestic producers inter-
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1 nally transfer, including to affiliated persons as de2 fined in section 771(33) of the Tariff Act of 1930, 

3 significant production of the article like or directly 

4 competitive with the imported article for the produc5 tion of a downstream article and sell significant pro6 duction of the article like or directly competitive 

7 with the imported article in the merchant market, 

8 then the Commission, in determining market share 

9 and the factors affecting financial performance set 

10 forth in paragraph (1)(A) and (B), shall focus pri11 marily on the merchant market for the article like 

12 or directly competitive with the imported article. 

13 ‘‘(3) In making determinations under sub14 section (b), the Commission shall—

15 ‘‘(A) consider the condition of the domestic 

16 industry over the course of the relevant busi17 ness cycle, but may not aggregate the causes of 

18 declining demand associated with a recession or 

19 economic downturn in the United States econ20 omy into a single cause of serious injury or 

21 threat of injury; and 

22 ‘‘(B) examine factors other than imports 

23 which may cause or threaten to cause serious 

24 injury to the domestic industry. 
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1 The Commission shall include the results of its ex2 amination under subparagraph (B) in the report 

3 submitted by the Commission to the President under 

4 subsection (e). 

5 ‘‘(4) In making determinations under sub6 section (b), the Commission shall consider whether 

7 any change in the volume of imports that has oc8 curred since a petition under subsection (a) was filed 

9 or a request under subsection (b) was made is re10 lated to the pendency of the investigation, and if so, 

11 the Commission may reduce the weight accorded to 

12 the data for the period after the petition under sub13 section (a) was filed or the request under subsection 

14 (b) was made in making its determination of serious 

15 injury, or the threat thereof.’’; and 

16 (F) in paragraph (5), as so redesignated—

17 (i) by striking ‘‘and (B)’’ and insert18 ing ‘‘, (B), and (C)’’; and 

19 (ii) by striking ‘‘be a substantial cause 

20 of serious injury, or the threat thereof,’’ 

21 and inserting ‘‘cause or threaten to cause 

22 serious injury’’; 

23 (4) in subsection (d)—

24 (A) in paragraph (1)(A)(ii), by striking 

25 ‘‘be, or likely to be a substantial cause of seri-
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1 ous injury, or the threat thereof,’’ and inserting 

2 ‘‘cause, or be likely to cause, or threaten to 

3 cause, or be likely to threaten to cause, serious 

4 injury’’; 

5 (B) in paragraph (1)(C), in the matter fol6 lowing clause (ii), by striking ‘‘a substantial 

7 cause of serious injury, or the threat thereof,’’ 

8 and inserting ‘‘causing or threatening to cause 

9 serious injury’’; 

10 (C) by amending paragraph (2)(A) to read 

11 as follows: 

12 ‘‘(2)(A) When a petition filed under subsection 

13 (a) or a request filed under subsection (b) alleges 

14 that critical circumstances exist and requests that 

15 provisional relief be provided under this subsection 

16 with respect to imports of the article identified in 

17 the petition or request, the Commission shall, not 

18 later than 45 days after the petition or request is 

19 filed, determine, on the basis of available informa20 tion, whether—

21 ‘‘(i) there is clear evidence that increased 

22 imports (either actual or relative to domestic 

23 production) of the article are causing or threat24 ening to cause serious injury to the domestic in-
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1 dustry producing an article like or directly com2 petitive with the imported article; and 

3 ‘‘(ii) delay in taking action under this 

4 chapter would cause damage to that industry 

5 that would be difficult to repair. 

6 In making the evaluation under clause (ii), the Com7 mission should consider, among other factors that it 

8 considers relevant, the timing and volume of the im9 ports, including whether there has been a substantial 

10 increase in imports over a short period of time, and 

11 any other circumstances indicating that delay in tak12 ing action under this chapter would cause damage to 

13 the industry that would be difficult to repair.’’; and 

14 (D) in paragraph (2)(D), by striking ‘‘30’’ 

15 and inserting ‘‘20’’. 

16 (c) PRESIDENTIAL DETERMINATIONS.—

17 (1) ACTION BY PRESIDENT.—Section 203(a) of 

18 the Trade Act of 1974 (19 U.S.C. 2253(a)) is 

19 amended—

20 (A) in paragraph (1)(A), by striking ‘‘and 

21 provide greater economic and social benefits 

22 than costs’’ and inserting ‘‘and will not have an 

23 adverse impact on the United States clearly 

24 greater than the benefits of such action’’;
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1 (B) in paragraph (2)(F), by striking ‘‘com2 pensation;’’ at the end of clause (iii) and insert3 ing the following: ‘‘compensation, except that 

4 the President shall give substantially greater 

5 weight to the factors set out in clause (i) than 

6 to those set out in clauses (ii) and (iii);’’; and 

7 (C) by amending paragraph (2)(I) to read 

8 as follows: 

9 ‘‘(I) the potential for harm to the national 

10 security of the United States; and’’. 

11 (2) IMPLEMENTATION OF ACTION REC12 OMMENDED BY COMMISSION.—(A) Section 203(c) of 

13 the Trade Act of 1974 (19 U.S.C. 2253(c)) is 

14 amended by striking ‘‘90’’ and inserting ‘‘60’’. 

15 (B) Section 152(c)(1) of the Trade Act of 1974 

16 (19 U.S.C. 2192(c)(1)) is amended by striking ‘‘not 

17 counting any day which is excluded under section 

18 154(b),’’ and inserting ‘‘counting all calendar days 

19 in the case of a resolution described in subsection 

20 (a)(1)(A), and not counting any day which is ex21 cluded under section 154(b) in the case of a resolu22 tion described in subsection (a)(1)(B),’’. 

23 (d) CONFORMING AMENDMENTS.—
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1 (1) Section 203(e)(6)(B) of the Trade Act of 

2 1974 (19 U.S.C. 2253(e)(6)(B)) is amended by 

3 striking ‘‘substantially’’. 

4 (2) Section 264(c) of the Trade Act of 1974 

5 (19 U.S.C. 2354(c)) is amended by striking ‘‘a sub6 stantial cause of serious injury or threat thereof’’ 

7 and inserting ‘‘causing or threatening to cause seri8 ous injury’’. 

9 (3) Section 154(b) of the Trade Act of 1974 

10 (19 U.S.C. 2194(b)) is amended by striking the 

11 matter that precedes paragraph (1) and inserting 

12 the following: 

13 ‘‘(b) The 60-day period referred to in section 203(c) 

14 and the 90-day period referred to in section 407(c)(2) 

15 shall be computed by excluding—’’. 

16 TITLE III—INTERNATIONAL 

17 TRADE NEGOTIATIONS 

18 SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE 

19 REMEDY LAWS. 

20 Section 2102(b)(14) of the Trade Act of 2002 (19 

21 U.S.C. 3801(b)) is amended by adding at the end the fol22 lowing flush sentence: 

23 ‘‘In order to carry out subparagraph (A), the United 

24 States Trade Representative should refuse to agree 

25 to any proposal, whether in the context of a trade 
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1 agreement entered into under the auspices of the 

2 World Trade Organization, or a free trade agree3 ment with another country or group of countries, 

4 that would, either individually or in combination 

5 with other proposals, weaken existing United States 

6 trade remedy laws contained in title VII of the Tar7 iff Act of 1930 or chapter 1 of title II of the Trade 

8 Act of 1974, including any proposal that would 

9 make obtaining relief under these provisions more 

10 difficult, uncertain, or costly for domestic industries 

11 to achieve or maintain over time.’’. 

12 SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING 

13 TRADE AGREEMENTS. 

14 Section 2104(d)(3)(A) of the Trade Act of 2002 (19 

15 U.S.C. 3804(d)(3)(A)) is amended—

16 (1) in clause (i), by striking ‘‘and’’ after the 

17 semicolon; 

18 (2) in clause (ii), by striking the period and in19 serting a semicolon; and 

20 (3) by adding after clause (ii) the following: 

21 ‘‘(iii) with respect to each specific pro22 posal that could require amendments to 

23 title VII of the Tariff Act of 1930 or chap24 ter 1 of title II of the Trade Act of 1974, 

25 whether and to what extent the proposal 
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1 would, either individually or in combination 

2 with other proposals, make obtaining relief 

3 under these provisions more difficult, un4 certain, or costly for domestic industries to 

5 achieve or maintain over time; and 

6 ‘‘(iv) for each specific proposal that 

7 the President reports would not (whether 

8 individually or in combination with other 

9 proposals) make obtaining relief under title 

10 VII of the Tariff Act of 1930 or chapter 

11 1 of title II of the Trade Act of 1974 more 

12 difficult, uncertain, or costly for domestic 

13 industries to achieve or maintain over 

14 time, a detailed explanation providing the 

15 basis for this conclusion.’’. 

16 SEC. 303. EFFECTIVE DATE. 

17 The amendments made by this title take effect on the 

18 date of the enactment of this Act. 

19 TITLE IV—CONGRESSIONAL AD20 VISORY COMMISSION ON WTO 

21 DISPUTE SETTLEMENT 

22 SEC. 401. SHORT TITLE. 

23 This title may be cited as the ‘‘Congressional Advi24 sory Commission on WTO Dispute Settlement Act’’. 
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1 SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) The United States joined the World Trade 

4 Organization as an original member with the goal of 

5 creating an improved global trading system and pro6 viding expanded economic opportunities for United 

7 States firms and workers. 

8 (2) The dispute settlement rules of the WTO 

9 were created to enhance the likelihood that govern10 ments will observe their WTO obligations. 

11 (3) These dispute settlement rules help ensure 

12 that the United States can reap the full benefits of 

13 its participation in the WTO and have acted, on bal14 ance, to the benefit of the United States. 

15 (4) Successful operation of the WTO dispute 

16 settlement system was critical to congressional ap17 proval of the Uruguay Round Agreements and is 

18 critical to continued support by the United States 

19 for the WTO. In particular, it is imperative that dis20 pute settlement panels and the Appellate Body—

21 (A) operate with fairness and in an impar22 tial manner; 

23 (B) strictly observe the terms of reference 

24 and any applicable standard of review set forth 

25 in the Uruguay Round Agreements; and
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1 (C) not add to the obligations, or diminish 

2 the rights, of WTO members under the Uru3 guay Round Agreements in violation of Articles 

4 3.2 and 19.2 of the Dispute Settlement Under5 standing. 

6 (5) An increasing number of reports by dispute 

7 settlement panels and the Appellate Body have 

8 raised serious concerns within the Congress about 

9 the ability of the WTO dispute settlement system to 

10 operate in accordance with paragraph (4). 

11 (6) In particular, several reports of dispute set12 tlement panels and the Appellate Body have added 

13 to the obligations and diminished the rights of WTO 

14 members, particularly under the Agreement on Im15 plementation of Article VI of the General Agreement 

16 on Tariffs and Trade 1994, the Agreement on Sub17 sidies and Countervailing Measures, and the Agree18 ment on Safeguards. 

19 (7) In order to come into compliance with re20 ports of dispute settlement panels and the Appellate 

21 Body that have been adopted by the Dispute Settle22 ment Body, the Congress may need to amend or re23 peal statutes of the United States. In such cases, the 

24 Congress must have a high degree of confidence that 

25 the reports are in accordance with paragraph (4). 
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1 (8) The Congress needs impartial, objective, 

2 and juridical advice to determine the appropriate re3 sponse to reports of dispute settlement panels and 

4 the Appellate Body. 

5 (9) The United States remains committed to 

6 the multilateral, rules-based trading system. 

7 (b) PURPOSE.—It is the purpose of this title to pro8 vide for the establishment of the Congressional Advisory 

9 Commission on WTO Dispute Settlement to provide objec10 tive and impartial advice to the Congress on the operation 

11 of the dispute settlement system of the World Trade Orga12 nization. 

13 SEC. 403. ESTABLISHMENT OF COMMISSION. 

14 (a) ESTABLISHMENT.—There is established a com15 mission to be known as the Congressional Advisory Com16 mission on WTO Dispute Settlement (in this title referred 

17 to as the ‘‘Commission’’). 

18 (b) MEMBERSHIP.—

19 (1) COMPOSITION.—The Commission shall be 

20 composed of 5 members, all of whom shall be judges 

21 or former judges of the Federal judicial circuits and 

22 shall be appointed by the Speaker of the House of 

23 Representatives and the President pro tempore of 

24 the Senate after considering the recommendations of 

25 the Chairman and ranking member of the Com-
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1 mittee on Finance of the Senate and the Chairman 

2 and ranking member of the Committee on Ways and 

3 Means of the House of Representatives. Commis4 sioners shall be chosen without regard to political af5 filiation and solely on the basis of each Commis6 sioner’s fitness to perform the duties of a Commis7 sioner. 

8 (2) DATE.—The appointments of the initial 

9 members of the Commission shall be made not later 

10 than 90 days after the date of the enactment of this 

11 Act. 

12 (c) PERIOD OF APPOINTMENT; VACANCIES.—

13 (1) IN GENERAL.—Members of the Commission 

14 shall each be appointed for a term of 5 years, except 

15 that of the members first appointed, 3 members 

16 shall be appointed for terms of 3 years. 

17 (2) VACANCIES.—

18 (A) IN GENERAL.—Any vacancy on the 

19 Commission shall not affect its powers, but 

20 shall be filled in the same manner as the origi21 nal appointment was made and shall be subject 

22 to the same conditions as the original appoint23 ment. 
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1 (B) UNEXPIRED TERM.—An individual 

2 chosen to fill a vacancy shall be appointed for 

3 the unexpired term of the member replaced. 

4 (d) INITIAL MEETING.—Not later than 30 days after 

5 the date on which all members of the Commission have 

6 been appointed, the Commission shall hold its first meet7 ing. 

8 (e) MEETINGS.—The Commission shall meet at the 

9 call of the Chairperson. 

10 (f) QUORUM.—A majority of the members of the 

11 Commission shall constitute a quorum, but a lesser num12 ber of members may hold hearings. 

13 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The 

14 Commission shall select a Chairperson and Vice Chair15 person from among its members. 

16 (h) FUNDING.—Members of the Commission shall be 

17 allowed travel expenses, including per diem in lieu of sub18 sistence at rates authorized for employees of agencies 

19 under subchapter I of chapter 57 of title 5, United States 

20 Code, while away from their homes or regular places of 

21 business in the performance of services for the Commis22 sion. 

23 SEC. 404. DUTIES OF THE COMMISSION. 

24 (a) ADVISING CONGRESS ON THE OPERATION OF

25 THE WTO DISPUTE SETTLEMENT SYSTEM.—
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1 (1) IN GENERAL.—The Commission shall re2 view—

3 (A) all adverse reports of dispute settle4 ment panels and the Appellate Body which 

5 are—

6 (i) adopted by the Dispute Settlement 

7 Body; and 

8 (ii) the result of a proceeding initiated 

9 against the United States by a WTO mem10 ber; and 

11 (B) upon the request of the Committee on 

12 Ways and Means of the House of Representa13 tives or the Committee on Finance of the Sen14 ate—

15 (i) any adverse report of a dispute 

16 settlement panel or the Appellate Body—

17 (I) which is adopted by the Dis18 pute Settlement Body; and 

19 (II) in which the United States is 

20 a complaining party; or 

21 (ii) any other finding which is con22 tained in a report of a dispute settlement 

23 panel or the Appellate Body that is adopt24 ed by the Dispute Settlement Body.
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1 (2) SCOPE OF REVIEW.—The Commission shall 

2 advise the Congress in connection with each adverse 

3 finding or other finding under paragraph (1) (B) 

4 only whether—

5 (A) the dispute settlement panel or the Ap6 pellate Body, as the case may be—

7 (i) exceeded its authority or its terms 

8 of reference; 

9 (ii) added to the obligations, or dimin10 ished the rights, of the United States 

11 under the Uruguay Round Agreement 

12 which is the subject of the finding; 

13 (iii) acted arbitrarily or capriciously, 

14 engaged in misconduct, or demonstrably 

15 departed from the procedures specified for 

16 panels and the Appellate Body in the ap17 plicable Uruaguay Round Agreement; and 

18 (iv) deviated from the applicable 

19 standard of review, including in anti20 dumping, countervailing duty, and other 

21 unfair trade remedy cases, the standard of 

22 review set forth in Article 17.6 of the 

23 Agreement on Implementation of Article 

24 VI of the General Agreement on Tariffs 

25 and Trade 1994; and 
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1 (B) the finding is consistent with the origi2 nal understanding by the United States of the 

3 Uruguay Round Agreement that is the subject 

4 of the finding as explained in the statement of 

5 administrative action approved under section 

6 101(a) of the Uruguay Round Agreements Act 

7 (19 U.S.C. 3511(a)). 

8 (3) NO DEFERENCE.—Applying the standards 

9 set forth in paragraph (2) does not require deference 

10 to findings of law made by the dispute settlement 

11 panel or the Appellate Body, as the case may be. 

12 (b) DETERMINATION; REPORT.—

13 (1) DETERMINATION.—

14 (A) IN GENERAL.—Not later than 150 

15 days after the date on which the Commission 

16 receives notice of a report or request under sec17 tion 405(b), the Commission shall make a writ18 ten determination with respect to the matters 

19 described in paragraph (2) of subsection (a), in20 cluding a full analysis of the basis for its deter21 mination. A vote by a majority of the members 

22 of the Commission shall constitute a determina23 tion of the Commission, although the members 

24 need not agree on the basis for their vote. 
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1 (B) DISSENTING OR CONCURRING OPIN2 IONS.—Any member of the Commission who 

3 disagrees with a determination of the Commis4 sion or who concurs in such a determination on 

5 a basis different from that of the Commission 

6 or other members of the Commission, may write 

7 an opinion expressing such disagreement or 

8 concurrence, as the case may be. 

9 (2) REPORT.—The Commission shall promptly 

10 report the determinations described in paragraph 

11 (1)(A) to the Committee on Ways and Means of the 

12 House of Representatives and the Committee on Fi13 nance of the Senate. The Commission shall include 

14 with the report any opinions written under para15 graph (1)(B) with respect to the determination. 

16 (c) AVAILABILITY TO THE PUBLIC.—Each report of 

17 the Commission under subsection (b)(2), together with the 

18 opinions included with the report, shall be made available 

19 to the public. 

20 SEC. 405. POWERS OF THE COMMISSION. 

21 (a) HEARINGS.—The Commission may hold a public 

22 hearing to solicit views concerning a report of a dispute 

23 settlement panel or the Appellate Body described in sec24 tion 404(a)(1), if the Commission considers such hearing 

25 to be necessary to carry out the purpose of this title. The 
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1 Commission shall provide reasonable notice of a hearing 

2 held pursuant to this subsection. 

3 (b) INFORMATION FROM INTERESTED PARTIES AND

4 FEDERAL AGENCIES.—

5 (1) NOTICE TO COMMISSION.—

6 (A) UNDER SECTION 404(a)(1)(A).—The 

7 Trade Representative shall advise the Commis8 sion not later than 5 business days after the 

9 date the Dispute Settlement Body adopts a re10 port of a panel or the Appellate Body that is 

11 to be reviewed by the Commission under section 

12 404(a)(1)(A). 

13 (B) UNDER SECTION 404(a)(1)(B).—The 

14 Committee on Ways and Means or the Com15 mittee on Finance, as the case may be, may 

16 make and notify the Commission of a request 

17 under section 404(a)(1)(B) not later than 1 

18 year after the Dispute Settlement Body adopts 

19 the report that is the subject of the request. 

20 (C) REPORTS ADOPTED PRIOR TO AP21 POINTMENT OF COMMISSION.—With respect to 

22 any report to which section 404(a)(1)(B) ap23 plies and that is adopted before the date on 

24 which the first members of the Commission are 

25 appointed under section 403(b)(2), the Com-
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1 mittee on Ways and Means or the Committee 

2 on Finance, as the case may be, may make and 

3 notify the Commission of a request under sec4 tion 404(a)(1)(B) with respect to that report 

5 not later than 1 year after the date on which 

6 the first members of the Commission are ap7 pointed under section 403(b)(2). 

8 (2) SUBMISSIONS AND REQUESTS FOR INFOR9 MATION.—

10 (A) IN GENERAL.—The Commission shall 

11 promptly publish in the Federal Register notice 

12 of the notice received under paragraph (1) from 

13 the Trade Representative, the Committee on 

14 Ways and Means, or the Committee on Fi15 nance, as the case may be, along with notice of 

16 an opportunity for interested parties to submit 

17 written comments to the Commission. The 

18 Commission shall make comments submitted 

19 pursuant to the preceding sentence available to 

20 the public. 

21 (B) INFORMATION FROM FEDERAL AGEN22 CIES AND DEPARTMENTS.—The Commission 

23 may also secure directly from any Federal de24 partment or agency such information as the 

25 Commission considers necessary to carry out
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1 the provisions of this title. Upon the request of 

2 the chairperson of the Commission, the head of 

3 such department or agency shall furnish the in4 formation requested to the Commission in a 

5 timely manner. 

6 (3) ACCESS TO PANEL AND APPELLATE BODY

7 DOCUMENTS.—

8 (A) IN GENERAL.—The Trade Representa9 tive shall make available to the Commission all 

10 submissions and relevant documents relating to 

11 a report of a panel or the Appellate Body de12 scribed in section 404(a)(1), including any in13 formation contained in such submissions identi14 fied by the provider of the information as pro15 prietary information or information designated 

16 as confidential by a foreign government. 

17 (B) PUBLIC ACCESS.—Any document 

18 which the Trade Representative submits to the 

19 Commission shall be available to the public, ex20 cept information which is identified as propri21 etary or confidential or the disclosure of which 

22 would otherwise violate the rules of the WTO. 

23 (c) ASSISTANCE FROM FEDERAL AGENCIES; CON24 FIDENTIALITY.—
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1 (1) ADMINISTRATIVE ASSISTANCE.—Any agency 

2 or department of the United States that is des3 ignated by the President shall provide administrative 

4 services, funds, facilities, staff, or other support 

5 services to the Commission to assist the Commission 

6 with the performance of the Commission’s functions. 

7 (2) CONFIDENTIALITY.—The Commission shall 

8 protect from disclosure any document or information 

9 submitted to it by a department or agency of the 

10 United States which the agency or department re11 quests be kept confidential. The Commission shall 

12 not be considered to be an agency for purposes of 

13 section 552 of title 5, United States Code. 

14 SEC. 406. SENSE OF CONGRESS REGARDING PARTICIPA15 TION IN WORLD TRADE ORGANIZATION 

16 PANEL PROCEEDINGS. 

17 It is the sense of the Congress that, to the maximum 

18 extent permissible under the rules and practices of the 

19 WTO—

20 (1) if the Trade Representative, in proceedings 

21 before a dispute settlement panel or the Appellate 

22 Body of the WTO, seeks—

23 (A) to enforce United States rights under 

24 a multilateral trade agreement; or 
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1 (B) to defend a challenged action or deter2 mination of the United States Government, 

3 a private United States person that is supportive of 

4 the United States Government’s position before the 

5 panel or the Appellate Body and that has a direct 

6 and tangible interest in the panel’s or the Appellate 

7 Body’s resolution of the matters in dispute should be 

8 permitted to observe and have access to the pro9 ceedings; 

10 (2) the Trade Representative should make 

11 available to United States persons described in para12 graph (1) all information presented to or otherwise 

13 obtained by the Trade Representative in connection 

14 with the applicable WTO dispute settlement pro15 ceeding; and 

16 (3) upon the request of a United States person 

17 described in paragraph (1), the Trade Representa18 tive should—

19 (A) consult in advance with such United 

20 States person regarding the content of written 

21 submissions from the United States to the 

22 panel concerned or to the other member coun23 tries involved; 

24 (B) include, where appropriate, such 

25 United States person, or the appropriate rep-
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1 resentative of that person, as an advisory mem2 ber of the United States delegation in sessions 

3 of the dispute settlement panel; and 

4 (C) allow such United States person, if 

5 such person would bring special knowledge to 

6 the proceeding and would be useful to the 

7 United States case, to appear before the panel, 

8 directly or through counsel, under the super9 vision of responsible United States Government 

10 officials. 

11 SEC. 407. DEFINITIONS. 

12 In this title: 

13 (1) ADVERSE FINDING.—The term ‘‘adverse 

14 finding’’ means—

15 (A) in a proceeding of a panel or the Ap16 pellate Body that is initiated against the United 

17 States, a finding by the panel or the Appellate 

18 Body that any law or regulation of, or applica19 tion thereof by, the United States, or any State, 

20 is inconsistent with the obligations of the 

21 United States under a Uruguay Round Agree22 ment (or nullifies or impairs benefits accruing 

23 to a WTO member under such an Agreement); 

24 or 
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1 (B) in a proceeding of a panel or the Ap2 pellate Body in which the United States is a 

3 complaining party, any finding by the panel or 

4 the Appellate Body that a measure of the party 

5 complained against is not inconsistent with that 

6 party’s obligations under a Uruguay Round 

7 Agreement (or does not nullify or impair bene8 fits accruing to the United States under such 

9 an Agreement). 

10 (2) APPELLATE BODY.—The term ‘‘Appellate 

11 Body’’ means the Appellate Body established by the 

12 Dispute Settlement Body pursuant to Article 17.1 of 

13 the Dispute Settlement Understanding. 

14 (3) DISPUTE SETTLEMENT BODY.—The term 

15 ‘‘Dispute Settlement Body’’ means the Dispute Set16 tlement Body established pursuant to the Dispute 

17 Settlement Understanding. 

18 (4) DISPUTE SETTLEMENT PANEL; PANEL.—

19 The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 

20 mean a panel established pursuant to Article 6 of 

21 the Dispute Settlement Understanding. 

22 (5) DISPUTE SETTLEMENT UNDERSTANDING.—

23 The term ‘‘Dispute Settlement Understanding’’ 

24 means the Understanding on Rules and Procedures 

25 Governing the Settlement of Disputes referred to in
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1 section 101(d)(16) of the Uruguay Round Agree2 ments Act (19 U.S.C. 3511(d)(16)). 

3 (6) TERMS OF REFERENCE.—The term ‘‘terms 

4 of reference’’ has the meaning given such term in 

5 the Dispute Settlement Understanding. 

6 (7) TRADE REPRESENTATIVE.—The term 

7 ‘‘Trade Representative’’ means the United States 

8 Trade Representative. 

9 (8) URUGUAY ROUND AGREEMENT.—The term 

10 ‘‘Uruguay Round Agreement’’ means any of the 

11 Agreements described in section 101(d) of the Uru12 guay Round Agreements Act. 

13 (9) UNITED STATES PERSON.—The term 

14 ‘‘United States person’’ means—

15 (A) a United States citizen or an alien ad16 mitted for permanent residence into the United 

17 States; and 

18 (B) a corporation, partnership, or other 

19 legal entity organized under the laws of the 

20 United States or of any State, the District of 

21 Columbia, or any commonwealth, territory, or 

22 possession of the United States. 

23 (10) WORLD TRADE ORGANIZATION; WTO.—The 

24 terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 
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1 mean the organization established pursuant to the 

2 WTO Agreement. 

3 (11) WTO AGREEMENT.—The term ‘‘WTO 

4 Agreement’’ means the Agreement Establishing the 

5 World Trade Organization entered into on April 15, 

6 1994. 

7 (12) WTO MEMBER.—The term ‘‘WTO mem8 ber’’ has the meaning given that term in section 

9 2(10) of the Uruguay Round Agreements Act (19 

10 U.S.C. 3501(10)). 

11 SEC. 408. EFFECTIVE DATE. 

12 This title shall take effect on the date of the enact13 ment of this Act. 

14 TITLE V—STEEL IMPORT 

15 NOTIFICATION 

16 SEC. 501. STEEL IMPORT LICENSING AND SURGE MONI17 TORING PROGRAM. 

18 (a) IN GENERAL.—Not later than 30 days after the 

19 date of the enactment of this Act, the Secretary of Com20 merce, in consultation with the Secretary of the Treasury, 

21 shall establish and implement a steel import licensing and 

22 surge monitoring program. The program shall include a 

23 requirement that any person importing a product classi24 fied under chapter 72 or 73 of the Harmonized Tariff 

25 Schedule of the United States, and any person importing 
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1 a product which was classified under either such chapter 

2 but has been the subject of temporary modifications, es3 tablished pursuant to trade remedy laws, under chapter 

4 99 of the Harmonized Tariff Schedule of the United 

5 States, obtain a steel import license before such products 

6 are entered into the United States. The program estab7 lished under this subsection shall remain in effect regard8 less of the termination of any measures imposed under 

9 section 201 of the Trade Act of 1974 with respect to any 

10 product classified under chapter 72 or 73 of the Har11 monized Tariff Schedule of the United States. 

12 (b) MODIFICATION OF EXISTING REGULATIONS.—

13 Not later than 30 days after the date of the enactment 

14 of this Act, the Secretary of Commerce shall modify regu15 lations in effect under sections 360.101 through 360.108 

16 of title 19, Code of Federal Regulations, on the date of 

17 the enactment of this Act to conform to the provisions of 

18 this title. 

19 (c) STEEL IMPORT LICENSES.—

20 (1) IN GENERAL.—The Secretary of Commerce 

21 shall issue a steel import license to any person who 

22 files an application that meets the requirements of 

23 this section. 

24 (2) APPLICATION.—In order to obtain a steel 

25 import license, an importer, customs broker, or 
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1 agent shall submit an application to the Secretary of 

2 Commerce containing—

3 (A) the filer’s company name and address; 

4 (B) the filer’s contact name, phone num5 ber, fax number, and e-mail address; 

6 (C) a statement as to whether the goods 

7 are being entered for consumption, or for entry 

8 into a bonded warehouse or foreign trade zone, 

9 or for entry under a temporary importation 

10 bond, or for being entered for transportation 

11 and exportation; 

12 (D) the importer’s name; 

13 (E) the manufacturer’s name; 

14 (F) the country of origin; 

15 (G) the country of exportation; 

16 (H) the expected date of export; 

17 (I) the expected date of import; 

18 (J) the expected port of entry; 

19 (K) a description of the goods, including 

20 the current classification of such goods under 

21 the Harmonized Tariff Schedule of the United 

22 States; 

23 (L) the most recent classification of such 

24 goods under the Harmonized Tariff Schedule of 

25 the United States prior to temporary modifica-
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1 tions established pursuant to trade remedy 

2 laws, if the current classification of such goods 

3 is under chapter 99 of the Harmonized Tariff 

4 Schedule of the United States; 

5 (M) the quantity of such goods (in kilo6 grams); 

7 (N) the customs value of such goods in 

8 United States dollars; and 

9 (O) any other information that the Sec10 retary of Commerce determines to be necessary 

11 and appropriate. 

12 (3) CERTIFICATION.—The importer, customs 

13 broker, or agent submitting the application under 

14 paragraph (2) must certify the accuracy and com15 pleteness of the information submitted. 

16 (4) TIME PERIOD FOR APPLICATION.—An appli17 cation for a steel import license may be submitted 

18 on the date of importation or on any date up to 60 

19 days before the expected date of importation or, in 

20 the case of products withdrawn for consumption 

21 from a bonded warehouse, until the date of entry 

22 summary. 

23 (5) DURATION OF STEEL IMPORT LICENSE.—A 

24 steel import license shall be valid for a period of 75 

25 days beginning on the date on which it is issued.
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1 (6) ENTRIES FOR CONSUMPTION.—All entries 

2 for consumption of products classified under chapter 

3 72 or 73 of the Harmonized Tariff Schedule of the 

4 United States, or which were classified under such 

5 chapters 72 and 73 but have been the subject of 

6 temporary modifications, established pursuant to 

7 trade remedy laws, under chapter 99 of the Har8 monized Tariff Schedule of the United States, other 

9 than informal entries described in paragraph (8), re10 quire an import license prior to the filing of Customs 

11 entry summary documents. The license numbers 

12 shall be reported on the entry summary at the time 

13 of filing. 

14 (7) FOREIGN TRADE ZONE ENTRIES.—All ship15 ments of products classified under chapter 72 or 73 

16 of the Harmonized Tariff Schedule of the United 

17 States, or which were classified under either such 

18 chapter but have been the subject of temporary 

19 modifications, established pursuant to trade remedy 

20 laws under chapter 99 of the Harmonized Tariff 

21 Schedule of the United States, into foreign trade 

22 zones shall require an import license prior to the fil23 ing of foreign trade zone admission documents. The 

24 license numbers shall be reported on the application 

25 for foreign trade zone admission or status designa-
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1 tion at the time of filing. An additional steel license 

2 shall not be required for shipments from the foreign 

3 trade zone into the commerce of the United States. 

4 (8) INFORMAL ENTRIES.—No import license 

5 shall be required for informal entries of products 

6 classified under chapter 72 or 73 of the Harmonized 

7 Tariff Schedule of the United States, or which were 

8 classified under either such chapter but have been 

9 the subject of temporary modifications, established 

10 pursuant to trade remedy laws under chapter 99 of 

11 the Harmonized Tariff Schedule of the United 

12 States, if such merchandise is valued at less than 

13 $2,000. 

14 (9) OTHER NON-CONSUMPTION ENTRIES.—Im15 port licenses shall not be required on temporary im16 portation bond (‘‘TIB’’) entries, transportation and 

17 exportation (T&E) entries, or entries into a bonded 

18 warehouse. Products that—

19 (A) are classified under chapter 72 or 73 

20 of the Harmonized Tariff Schedule of the 

21 United States, or were classified under either 

22 such chapter but have been the subject of tem23 porary modifications, established pursuant to 

24 trade remedy laws under chapter 99 of the 
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1 Harmonized Tariff Schedule of the United 

2 States, and 

3 (B) are withdrawn for consumption from a 

4 bonded warehouse, 

5 shall require a license at the entry summary. 

6 (d) FAILURE TO REPORT LICENSE NUMBER.—

7 (1) ENTRIES FOR CONSUMPTION.—Entry sum8 maries submitted without the required license num9 bers shall be considered incomplete and shall be sub10 ject to liquidated damages for violation of the bond 

11 condition requiring timely completion of entry. 

12 (2) FOREIGN TRADE ZONE ENTRIES.—Foreign 

13 trade zone admission documents submitted without 

14 the required license numbers shall not be considered 

15 complete and shall be subject to liquidated damages 

16 for violation of the bond condition requiring timely 

17 completion of admission. 

18 (e) STEEL IMPORT SURGE MONITORING SYSTEM.—

19 (1) IN GENERAL.—The Secretary of Commerce 

20 shall compile and publish on a weekly basis informa21 tion described in paragraph (2). 

22 (2) INFORMATION.—Information described in 

23 this paragraph means information obtained from 

24 steel import license applications concerning steel im25 ported into the United States and includes with re-
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1 spect to such imports the Harmonized Tariff Sched2 ule of the United States classification (to the tenth 

3 digit for entries of products under chapter 72 or 73 

4 of such Schedule, or to the eighth digit for all en5 tries of covered products under chapter 99 of such 

6 Schedule), the country of origin, the port of entry, 

7 quantity, value of steel imported, the average unit 

8 value of steel imported, and whether the imports 

9 were entered for consumption or entered into a for10 eign trade zone. Such information shall be compiled 

11 in aggregate form and made publicly available by the 

12 Secretary of Commerce on a weekly basis by public 

13 posting through an Internet website. The informa14 tion provided under this section shall be in addition 

15 to any information otherwise required by law. 

16 (f) FEES.—The Secretary of Commerce may pre17 scribe reasonable fees and charges to defray the costs of 

18 carrying out the provisions of this section, including a fee 

19 for issuing a license under this section. No fees shall be 

20 charged for accessing the information compiled and pub21 lished by the Secretary of Commerce for the steel import 

22 surge monitoring system. 

23 (g) SINGLE PRODUCER AND EXPORTER COUN24 TRIES.—Notwithstanding any other provision of law, the 

25 Secretary of Commerce shall make publicly available all 
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1 information required to be released pursuant to subsection 

2 (c), including information obtained regarding imports 

3 from a foreign producer or exporter that is the only pro4 ducer or exporter of goods subject to this section from a 

5 foreign country. 

6 (h) REGULATIONS.—The Secretary of Commerce 

7 may prescribe such regulations relating to the steel import 

8 license and surge monitoring program as may be necessary 

9 to carry out the provisions of this section. 

10 TITLE VI—MISCELLANEOUS 

11 PROVISIONS 

12 SEC. 601. CONSTRUCTION. 

13 The amendments made by this Act shall not be con14 strued to create any inference with respect to the interpre15 tation of the provisions of law amended by this Act as 

16 such provisions were in effect before the enactment of this 

17 Act. 

18 SEC. 602. APPLICATION TO GOODS FROM CANADA AND 

19 MEXICO. 

20 Pursuant to section 1902 of the North American 

21 Free Trade Agreement and section 408 of the North 

22 American Free Trade Agreement Implementation Act, the 

23 amendments made by this Act shall apply to goods from 

24 Canada and Mexico.

Æ