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103D CONGRESS

2D SESSION H. R. 4832

To apply the column 2 duty rate to the products of the People’s Republic

of China, with certain provisions relating to worker rights and the environment.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1994

Ms. KAPTUR (for herself, Ms. PELOSI, Mr. SOLOMON, and Mrs. BENTLEY) introduced the following bill; which was referred jointly to the Committees

on Ways and Means and Foreign Affairs

A BILL

To apply the column 2 duty rate to the products of the

People’s Republic of China, with certain provisions relating to worker rights and the environment.

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 ‘‘Fair Standards in

5 Trade Act’’.

6 SEC. 2. PURPOSE.

7 It is the purpose of this Act of offset inequities affect8 ing United States trade with the People’s Republic of

9 China due to poor labor standards, undemocratic policies,
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1 and lack of environmental standards in the People’s Re2 public of China.

3 SEC. 3. TARIFF TREATMENT OF GOODS FROM CHINA.

4 Notwithstanding any other provision of law, the rate

5 of duty provided for in column 2 of the Harmonized Tariff

6 Schedule of the United States shall apply to goods that

7 are the growth, product, or manufacture of the People’s

8 Republic of China.

9 SEC. 4. REDUCTION OF DUTIES COMMENSURATE WITH

10 PROTECTION OF WORKER RIGHTS AND THE

11 ENVIRONMENT.

12 (a) IN GENERAL.—The President may by proclama13 tion reduce the tariffs imposed by section 1 to the extent

14 of, and in proportion to, the progress that the Government

15 of the People’s Republic of China has made towards—

16 (1) adopting and enforcing laws to provide ef17 fective natural resource protection and achieving ef18 fective pollution abatement and control standards to

19 protect the air, water, and land, both domestically

20 and internationally; and

21 (2) adhering to internationally recognized work22 er rights.

23 (b) LIMITATION ON REDUCTIONS.—No reduction

24 under subsection (a) may result in the imposition of a tar-
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1 iff less than that imposed on products from other coun2 tries that receive nondiscriminatory treatment.

3 SEC. 5. USE OF INCREASED REVENUES.

4 The revenues derived from tariffs imposed under this

5 Act in excess of the revenues that would be derived from

6 tariffs on goods from the People’s Republic of China but

7 for the enactment of this Act shall be deposited in a sepa8 rate account in the Treasury. Amounts in such account

9 may be used to promote the export to the People’s Repub10 lic of China, under authorities otherwise provided by law

11 of goods and services produced in the United States, par12 ticularly goods and services designed to promote protec13 tion or conservation of the environment.

14 SEC. 6. REPORTS TO CONGRESS.

15 The President shall submit reports annually to the

16 Congress on the progress the Government of China has

17 made toward the goals set forth in section 3(a), and any

18 tariff reductions implemented as a result of such progress.

19 SEC. 7. DEFINITION.

20 For purposes of this Act, the term ‘‘internationally

21 recognized worker rights’’ includes—

22 (1) the right of association;

23 (2) the right to organize and bargain collec24 tively;
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1 (3) a prohibition on the use of any form of

2 forced or compulsory labor;

3 (4) provision for occupational safety and health

4 for all workers; and

5 (5) acceptable minimum standards with respect

6 to wages, hours of work, and the age at which chil7 dren may be employed.

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