II

106TH CONGRESS

1ST SESSION S. 1619

To amend the Trade Act of 1974 to provide for periodic revision of retaliation

lists or other remedial action implemented under section 306 of such Act.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22, 1999

Mr. DEWINE (for himself, Mr. LOTT, Mr. AKAKA, Mr. INOUYE, Mr. ROBERTS,

Mr. HAGEL, Mr. BUNNING, Mr. VOINOVICH, Mr. DORGAN, and Mr.

CONRAD) introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Trade Act of 1974 to provide for periodic

revision of retaliation lists or other remedial action implemented under section 306 of such Act.

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

3 SECTION 1. REVISION OF RETALIATION LIST OR OTHER RE4 MEDIAL ACTION.

5 Section 306(b)(2) of the Trade Act of 1974 (19

6 U.S.C. 2416(b)(2)) is amended—

7 (1) by striking ‘‘If the’’ and inserting the fol8 lowing:
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1 ‘‘(A) FAILURE TO IMPLEMENT REC2 OMMENDATION.—If the’’; and

3 (2) by adding at the end the following:

4 ‘‘(B) REVISION OF RETALIATION LIST AND

5 ACTION.—

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), in the event that the

8 United States initiates a retaliation list or

9 takes any other action described in section

10 301(c)(1) (A) or (B) against the goods of

11 a foreign country or countries because of

12 the failure of such country or countries to

13 implement the recommendation made pur14 suant to a dispute settlement proceeding

15 under the World Trade Organization, the

16 Trade Representative shall periodically re17 vise the list or action to affect other goods

18 of the country or countries that have failed

19 to implement the recommendation.

20 ‘‘(ii) EXCEPTION.—The Trade Rep21 resentative is not required to revise the re22 taliation list or the action described in

23 clause (i) with respect to a country, if—

24 ‘‘(I) the Trade Representative de25 termines that implementation of a rec-
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1 ommendation made pursuant to a dis2 pute settlement proceeding described

3 in clause (i) by the country is immi4 nent; or

5 ‘‘(II) the Trade Representative

6 together with the petitioner involved

7 in the initial investigation under this

8 chapter (or if no petition was filed,

9 the affected United States industry)

10 agree that it is unnecessary to revise

11 the retaliation list.

12 ‘‘(C) SCHEDULE FOR REVISING LIST OR

13 ACTION.—The Trade Representative shall, 120

14 days after the date the retaliation list or other

15 section 301(a) action is first taken, and every

16 180 days thereafter, review the list or action

17 taken and revise, in whole or in part, the list

18 or action to affect other goods of the subject

19 country or countries.

20 ‘‘(D) STANDARDS FOR REVISING LIST OR

21 ACTION.—In revising any list or action against

22 a country or countries under this subsection,

23 the Trade Representative shall act in a manner

24 that is most likely to result in the country or

25 countries implementing the recommendations
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1 adopted in the dispute settlement proceeding or

2 in achieving a mutually satisfactory solution to

3 the issue that gave rise to the dispute settle4 ment proceeding. The Trade Representative

5 shall consult with the petitioner, if any, involved

6 in the initial investigation under this chapter.

7 ‘‘(E) RETALIATION LIST.—The term ‘retal8 iation list’ means the list of products of a for9 eign country or countries that have failed to

10 comply with the report of the panel or Appellate

11 Body of the WTO and with respect to which the

12 Trade Representative is imposing duties above

13 the level that would otherwise be imposed under

14 the Harmonized Tariff Schedule of the United

15 States.’’.

Æ