I 

110TH CONGRESS 

1ST SESSION H. R. 2714 

To require the President to delay or reverse the implementation of a decision 

of a World Trade Organization dispute settlement panel or the Appellate 

Body that is adverse to the United States involving the calculation 

of dumping margins and weighted average dumping margins, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2007 

Mr. BARRETT of South Carolina (for himself, Mr. REGULA, Mr. SPRATT, and 

Mr. NEAL of Massachusetts) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To require the President to delay or reverse the implementation of a decision of a World Trade Organization dispute 

settlement panel or the Appellate Body that is adverse 

to the United States involving the calculation of dumping 

margins and weighted average dumping margins, 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, 


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1 SECTION 1. AMENDMENTS TO THE URUGUAY ROUND 

2 AGREEMENTS ACT. 

3 (a) DISPUTE SETTLEMENT PANELS AND PROCE4 DURES.—Section 123 of the Uruguay Round Agreements 

5 Act (19 U.S.C. 3533) is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(i) DELAY OR REVERSAL OF IMPLEMENTATION OF

8 ADVERSE DECISIONS.—Notwithstanding any other provi9 sion of this section, the President shall delay or reverse 

10 the implementation of a decision of a dispute settlement 

11 panel or the Appellate Body that is adverse to the United 

12 States involving the calculation of dumping margins and 

13 weighted average dumping margins (commonly known as 

14 ‘zeroing’ decisions) until the United States has obtained 

15 clarification of rights and obligations within WTO multi16 lateral negotiations such that historic practices of the 

17 United States are permitted in investigations under sec18 tion 731 of the Tariff Act of 1930 (19 U.S.C. 1673), re19 views under section 751 of such Act (19 U.S.C. 1675), 

20 and under any other phase of an antidumping pro21 ceeding.’’. 

22 (b) ADMINISTRATIVE ACTION FOLLOWING WTO 

23 PANEL REPORTS.—Section 129(b) of the Uruguay Round 

24 Agreements Act (19 U.S.C. 3538(b)) is amended by add25 ing at the end the following new paragraph: 


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1 ‘‘(5) DELAY OR REVERSAL OF IMPLEMENTA2 TION OF ADVERSE DECISIONS.—Notwithstanding 

3 any other provision of this section, the President 

4 shall delay or reverse the implementation of a deci5 sion of a dispute settlement panel or the Appellate 

6 Body that is adverse to the United States involving 

7 the calculation of dumping margins and weighted av8 erage dumping margins (commonly known as ‘zero9 ing’ decisions) until the United States has obtained 

10 clarification of rights and obligations within WTO 

11 multilateral negotiations such that historic practices 

12 of the United States are permitted in investigations 

13 under section 731 of the Tariff Act of 1930 (19 

14 U.S.C. 1673), reviews under section 751 of such Act 

15 (19 U.S.C. 1675), and under any other phase of an 

16 antidumping proceeding.’’. 

17 SEC. 2. AMENDMENT TO THE TARIFF ACT OF 1930. 

18 Paragraph (7) of section 771 of the Tariff Act of 

19 1930 (19 U.S.C. 1677) is amended by adding at the end 

20 the following new subparagraph: 

21 ‘‘(J) ADDITIONAL REQUIREMENTS.—In 

22 evaluating whether there is material injury, or 

23 threat thereof, by reason of imports of the sub24 ject merchandise, the Commission shall make 

25 its determination without regard to— 


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1 ‘‘(i) whether other imports are likely 

2 to replace subject imports; or 

3 ‘‘(ii) the effect of a potential order on 

4 the domestic industry.’’. 

Æ 


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