I

104TH CONGRESS

1ST SESSION H. R. 2802

To impose temporarily a 25-percent duty on imports of certain Canadian

wood and lumber products, to require the administering authority to

initiate an investigation under title VII of the Tariff Act of 1930 with

respect to such products, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 18 (legislative day, DECEMBER 15), 1995

Mr. LONGLEY (for himself, Mr. ENGLISH of Pennsylvania, Mrs. CHENOWETH,

Mr. NETHERCUTT, Mr. METCALF, and Mr. COOLEY) introduced the following bill; which was referred to the Committee on Ways and Means,

and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To impose temporarily a 25-percent duty on imports of certain Canadian wood and lumber products, to require

the administering authority to initiate an investigation

under title VII of the Tariff Act of 1930 with respect

to such products, 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 ‘‘Emergency Lumber

5 Act of 1995’’.
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1 SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING

2 FINAL DETERMINATION.

3 (a) IN GENERAL.—In addition to any other duty that

4 may apply, there is imposed a duty of 25 percent ad valo5 rem on wood and lumber products described in subsection

6 (b).

7 (b) WOOD AND LUMBER PRODUCTS DESCRIBED.—

8 Wood and lumber products described in this subsection

9 are wood or lumber products described in subheading

10 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of

11 the Harmonized Tariff Schedule of the United States that

12 are imported directly or indirectly from Canada.

13 (c) APPLICABILITY.—The rate of duty imposed under

14 subsection (a) shall apply to goods described in subsection

15 (b) that are entered, or withdrawn from warehouse for

16 consumption, during the period beginning on the date that

17 is 15 days after the date of the enactment of this Act and

18 ending on whichever of the following dates occurs first

19 with respect to an investigation initiated under section 3:

20 (1) The date the investigation is suspended pur21 suant to section 3(b)(2).

22 (2) The date on which a final negative deter23 mination is made by the Commission pursuant to

24 section 705 of the Tariff Act of 1930.

25 (3) The date on which an order is issued pursu26 ant to section 706 of such Act.
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1 (d) REFUNDS; COLLECTIONS.—If the amount of the

2 duty imposed under this section is different from the

3 amount of the cash deposit, bond, or other security re4 quired for the countervailing duty imposed under a coun5 tervailing duty order issued under section 706 of the Tar6 iff Act of 1930 (19 U.S.C. 1671e) as a result of the inves7 tigation initiated under section 3, such difference shall be

8 refunded, released, or collected, as the case may be, in ac9 cordance with section 707 of the Tariff Act of 1930 (19

10 U.S.C. 1671f).

11 SEC. 3. INITIATION OF INVESTIGATION.

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, not later than 30 days after the date of the

14 enactment of this Act, the administering authority shall

15 initiate an investigation pursuant to section 702(a) of the

16 Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to

17 the importation and sales for importation into the United

18 States of wood and lumber products described in section

19 2(b).

20 (b) APPLICATION OF TITLE VII OF THE TARIFF ACT

21 OF 1930.—

22 (1) IN GENERAL.—Except as otherwise pro23 vided in this Act, the provisions of title VII of the

24 Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall
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1 apply to the countervailing duty investigation initi2 ated under subsection (a).

3 (2) TERMINATION OR SUSPENSION OF INVES4 TIGATION.—

5 (A) TERMINATION.—Subsections (a) and

6 (k) of section 704 of the Tariff Act of 1930 (19

7 U.S.C. 1671c (a) and (k)) shall not apply to the

8 investigation initiated pursuant to subsection

9 (a).

10 (B) SUSPENSION.—The investigation initi11 ated pursuant to subsection (a) may be sus12 pended pursuant to subsection (b) or (c) of sec13 tion 704 of such Act, if the requirements of

14 such section 704 and subparagraph (C) are sat15 isfied.

16 (C) SUSPENSION OF INVESTIGATION PRO17 CEDURE.—The requirements of this subpara18 graph are satisfied if, not less than 30 days be19 fore suspending the investigation, the admin20 istering authority—

21 (i) notifies the Committee on Finance

22 of the Senate, the Committee on Ways and

23 Means of the House of Representatives,

24 the Commission, and other parties to the

25 investigation, of the administering
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1 authority’s intention to suspend the inves2 tigation;

3 (ii) consults with such committees re4 garding such suspension;

5 (iii) provides to such committees a

6 copy of the proposed agreement pursuant

7 to which the investigation is to be sus8 pended, together with an explanation of—

9 (I) how the agreement will be

10 carried out and enforced;

11 (II) how the agreement meets the

12 requirements of subsections (b), (c),

13 (d), and (e) of section 704 of the Tar14 iff Act of 1930; and

15 (III) any action required of Can16 ada; and

17 (iv) permits all interested parties to

18 submit comments and information for the

19 record before the date on which notice of

20 suspension of the investigation is pub21 lished.
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1 SEC. 4. RENEGOTIATION OF CHAPTER 19 OF NAFTA AND

2 THE UNITED STATES-CANADA FREE-TRADE

3 AGREEMENT.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law—

6 (1) the President is authorized and directed to

7 negotiate with the governments of free trade area

8 countries for the purpose of entering into an agree9 ment to modify the terms of chapter 19 of the

10 NAFTA and chapter 19 of the United States-Can11 ada Free-Trade Agreement to provide that—

12 (A) the exclusive review by binational pan13 els shall not apply to antidumping and counter14 vailing duty determinations involving the mer15 chandise of a free trade area country; and

16 (B) such determinations shall be subject to

17 judicial review in the same manner as deter18 minations made with respect to countries that

19 are not free trade area countries;

20 (2) the negotiations described in paragraph (1)

21 shall not in any way affect the rights of the United

22 States or a free trade area country to apply its do23 mestic antidumping and countervailing duty laws to

24 the imports of another country; and

25 (3) not later than 150 days after the date of

26 the enactment of this Act, if an agreement described
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1 in paragraph (1) has been entered into, the Presi2 dent shall submit to the Congress—

3 (A) a draft implementing bill (as defined in

4 section 151 of the Trade Act of 1974 (19

5 U.S.C. 2191)) which contains provisions—

6 (i) approving the agreement; and

7 (ii) modifying the provisions of United

8 States law that are necessary to implement

9 the agreement; and

10 (B) a statement of any administrative ac11 tion proposed to implement the agreement.

12 (b) IMPLEMENTATION OF MODIFICATIONS.—

13 (1) IN GENERAL.—Any agreement entered into

14 under subsection (a)(1) shall enter into force with

15 respect to the United States if (and only if) the im16 plementing bill described in subsection (a)(3)(A) is

17 enacted into law.

18 (2) EXTENSION OF FAST TRACK PROCEDURES

19 TO IMPLEMENTING BILL.—

20 (A) Section 151(b)(1) of the Trade Act of

21 1974 (19 U.S.C. 2191(b)(1)) is amended by in22 serting ‘‘section 4 of the Emergency Lumber

23 Act of 1995,’’ after ‘‘the Omnibus Trade and

24 Competitiveness Act of 1988,’’.
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1 (B) Section 151(c)(1) of such Act (19

2 U.S.C. 2191(c)(1)) is amended by striking ‘‘or

3 section 282 of the Uruguay Round Agreements

4 Act,’’ and inserting ‘‘, section 282 of the Uru5 guay Round Agreements Act, or section 4 of

6 the Emergency Lumber Act of 1995,’’.

7 (c) MODIFICATION OF REVIEW PROCESS.—

8 (1) IN GENERAL.—If a draft implementing bill

9 is not submitted in accordance with subsection (a)

10 within 150 days after the date of the enactment of

11 this Act—

12 (A) the provisions of article 1904 of the

13 NAFTA and article 1904 of the United States14 Canada Free-Trade Agreement relating to re15 view of determinations shall cease to apply to

16 determinations involving the merchandise of a

17 free trade area country;

18 (B) the provisions of section 516A of the

19 Tariff Act of 1930 (19 U.S.C 1516A) shall

20 apply to the review of such determinations with21 out regard to subsection (g) of such section;

22 and

23 (C) any such determination with respect to

24 which a binational panel review or an extraor25 dinary challenge committee review is pending
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1 on the day after such 150th day shall be trans2 ferred to the United States Court of Inter3 national Trade (in accordance with rules issued

4 the Court) for review under section 516A(a) of

5 such Act.

6 (2) NOTICE OF MODIFICATIONS.—If a draft im7 plementing bill is not submitted in accordance with

8 subsection (a) within 150 days after the date of the

9 enactment of this Act—

10 (A) the President shall immediately notify

11 the government of each free trade area country

12 of the modifications described in paragraph (1)

13 and shall publish notice of such modifications in

14 the Federal Register; and

15 (B) the United States Secretary shall im16 mediately notify the relevant FTA Secretaries

17 that article 1904 of the NAFTA and article

18 1904 of the United States-Canada Free-Trade

19 Agreement no longer apply to determinations

20 described in paragraph (1).

21 (3) DEFINITIONS.—For purposes of this sec22 tion:

23 (A) DETERMINATION; ANTIDUMPING AND

24 COUNTERVAILING DUTY DETERMINATION.—The

25 terms ‘‘determination’’ and ‘‘antidumping and
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1 countervailing duty determination’’ mean a de2 termination as defined in section 516A(g)(1) of

3 the Tariff Act of 1930 (19 U.S.C.

4 1516A(g)(1)).

5 (B) FREE TRADE AREA COUNTRY; REL6 EVANT FTA SECRETARY; AND UNITED STATES

7 SECRETARY.—The terms ‘‘free trade area coun8 try’’, ‘‘relevant FTA Secretary’’, and ‘‘United

9 States Secretary’’ have the meanings given such

10 terms by section 516A(f) of the Tariff Act of

11 1930 (19 U.S.C. 1516A(f)).

12 SEC. 5. APPLICATION TO CANADA AND MEXICO.

13 Pursuant to article 1902 of the NAFTA, section 408

14 of the North American Free Trade Agreement Implemen15 tation Act (19 U.S.C. 3301), and article 1902 of the

16 United States-Canada Free-Trade Agreement, the provi17 sions of this Act shall apply with respect to goods from

18 Canada or Mexico.

19 SEC. 6. DEFINITIONS.

20 For purposes of this Act:

21 (1) ADMINISTERING AUTHORITY.—The term

22 ‘‘administering authority’’ has the meaning given

23 such term by section 771(1) of the Tariff Act of

24 1930 (19 U.S.C. 1677(1)).
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1 (2) COMMISSION.—The term ‘‘Commission’’

2 means the United States International Trade Com3 mission.

4 (3) NAFTA.—The term ‘‘NAFTA’’ means the

5 North American Free Trade Agreement entered into

6 between the United States, Mexico, and Canada on

7 December 17, 1992.

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