II 

110TH CONGRESS 

1ST SESSION S. 1919 

To establish trade enforcement priorities for the United States, to strengthen 

the provisions relating to trade remedies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2007 

Mr. BAUCUS (for himself, Mr. HATCH, and Ms. STABENOW) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To establish trade enforcement priorities for the United 

States, to strengthen the provisions relating to trade 

remedies, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trade Enforcement Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TRADE ENFORCEMENT PRIORITIES 

Sec. 101. Identification of trade enforcement priorities. 


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TITLE II—WTO DISPUTE SETTLEMENT REVIEW COMMISSION 

Sec. 201. Definitions. 

Sec. 202. Establishment of Commission. 

Sec. 203. Membership. 

Sec. 204. Duties of the Commission. 

Sec. 205. Powers of the Commission. 

Sec. 206. Changes in agency regulations or practice relating to adverse finding. 

TITLE III—MARKET DISRUPTION BY IMPORTS FROM CHINA 

Sec. 301. Limitation on presidential discretion. 

TITLE IV—STRENGTHENING ANTIDUMPING AND 

COUNTERVAILING DUTY LAWS 

Sec. 401. Application of countervailing duties to nonmarket economies. 

Sec. 402. Clarification of determination of material injury. 

TITLE V—TRADE ENFORCEMENT PERSONNEL 

Sec. 501. Chief Trade Enforcement Officer. 

Sec. 502. Trade Enforcement Working Group. 

Sec. 503. Authorization of appropriations. 

TITLE VI—INTELLECTUAL PROPERTY ENFORCEMENT 

PERSONNEL 

Sec. 601. Section 337 judges. 

TITLE VII—INTERAGENCY TRADE ORGANIZATION 

Sec. 701. Clarification of role of interagency trade organization established 

under section 242(a) of the Trade Expansion Act of 1962. 

1 TITLE I—TRADE ENFORCEMENT 

2 PRIORITIES 

3 SEC. 101. IDENTIFICATION OF TRADE ENFORCEMENT PRI4 ORITIES. 

5 (a) IN GENERAL.—Section 310 of the Trade Act of 

6 1974 (19 U.S.C. 2420) is amended to read as follows: 

7 ‘‘SEC. 310. IDENTIFICATION OF TRADE ENFORCEMENT PRI8 ORITIES. 

9 ‘‘(a) IDENTIFICATION AND ANNUAL REPORT.—Not 

10 later than 75 days after the date that the National Trade 

11 Estimate under section 181(b) is required to be submitted 


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1 each calendar year, the United States Trade Representa2 tive shall— 

3 ‘‘(1) identify the trade enforcement priorities of 

4 the United States; 

5 ‘‘(2) identify trade enforcement actions that the 

6 United States has taken during the previous year 

7 and provide an assessment of the impact those en8 forcement actions have had in addressing foreign 

9 trade barriers; 

10 ‘‘(3) identify the priority foreign country trade 

11 practices on which the Trade Representative will 

12 focus the trade enforcement efforts of the United 

13 States during the upcoming year; and 

14 ‘‘(4) submit to the Committee on Finance of 

15 the Senate and the Committee on Ways and Means 

16 of the House of Representatives and publish in the 

17 Federal Register a report on the priorities, actions, 

18 assessments, and practices identified in paragraphs 

19 (1), (2), and (3). 

20 ‘‘(b) FACTORS TO CONSIDER.—In identifying pri21 ority foreign country trade practices under subsection 

22 (a)(3), the Trade Representative shall— 

23 ‘‘(1) focus on those practices the elimination of 

24 which is likely to have the most significant potential 

25 to increase United States economic growth, either 


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1 directly or through the establishment of a beneficial 

2 precedent; and 

3 ‘‘(2) take into account all relevant factors, in4 cluding— 

5 ‘‘(A) the major barriers and trade dis6 torting practices described in the most recent 

7 National Trade Estimate required under section 

8 181(b); 

9 ‘‘(B) the findings and practices described 

10 in the most recent report required under— 

11 ‘‘(i) section 182; 

12 ‘‘(ii) section 1377 of the Omnibus 

13 Trade and Competitiveness Act of 1988 

14 (19 U.S.C. 3106); 

15 ‘‘(iii) section 3005 of the Omnibus 

16 Trade and Competitiveness Act of 1988 

17 (22 U.S.C. 5305); and 

18 ‘‘(iv) section 421 of the U.S.-China 

19 Relations Act of 2000 (22 U.S.C. 6951); 

20 ‘‘(C) the findings and practices described 

21 in any other report addressing international 

22 trade and investment barriers prepared by the 

23 Trade Representative or any other agency dur24 ing the 12 months preceding the date on which 


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1 the report described in subsection (a)(4) is re2 quired to be submitted; 

3 ‘‘(D) a foreign country’s compliance with 

4 any trade agreements to which both the foreign 

5 country and the United States are parties; 

6 ‘‘(E) a foreign country’s compliance with 

7 internationally recognized sanitary and 

8 phytosanitary standards; 

9 ‘‘(F) the implications of a foreign country’s 

10 procurement plans and policies; and 

11 ‘‘(G) the international competitive position 

12 and export potential of United States products 

13 and services. 

14 ‘‘(c) CONSULTATION.— 

15 ‘‘(1) IN GENERAL.—Not later than 45 days 

16 after the date that the National Trade Estimate 

17 under section 181(b) is required to be submitted, the 

18 Trade Representative shall consult with the Com19 mittee on Finance of the Senate and the Committee 

20 on Ways and Means of the House of Representatives 

21 with respect to the priorities, actions, assessments, 

22 and practices required to be identified in the report 

23 under subsection (a). 

24 ‘‘(2) VOTE OF COMMITTEE.—If, as a result of 

25 the consultations described in paragraph (1), either 


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1 the Committee on Finance of the Senate or the 

2 Committee on Ways and Means of the House of 

3 Representatives requests identification of a priority 

4 foreign country trade practice by majority vote of 

5 the Committee, the Trade Representative shall in6 clude such identification in the report required 

7 under subsection (a). 

8 ‘‘(3) DETERMINATION NOT TO INCLUDE PRI9 ORITY FOREIGN COUNTRY TRADE PRACTICES.—The 

10 Trade Representative may determine not to include 

11 the priority foreign country trade practice requested 

12 under paragraph (2) in the report required under 

13 subsection (a) only if the Trade Representative finds 

14 that— 

15 ‘‘(A) such practice is already being ad16 dressed under provisions of United States trade 

17 law, under the Uruguay Round Agreements (as 

18 defined in section 2(7) of the Uruguay Round 

19 Agreements Act (19 U.S.C. 3501(7))), under a 

20 bilateral or regional trade agreement, or as part 

21 of trade negotiations with that foreign country 

22 or other countries, and progress is being made 

23 toward the elimination of such practice; or 

24 ‘‘(B) identification of such practice as a 

25 priority foreign country trade practice would be 


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1 contrary to the interests of United States trade 

2 policy. 

3 ‘‘(4) REASONS FOR DETERMINATION.—In the 

4 case of a determination made pursuant to paragraph 

5 (3), the Trade Representative shall set forth in de6 tail the reasons for that determination in the report 

7 required under subsection (a). 

8 ‘‘(d) INVESTIGATION AND RESOLUTION.— 

9 ‘‘(1) IN GENERAL.—Upon submission of the re10 port required under subsection (a), the Trade Rep11 resentative shall, with respect to any priority foreign 

12 country trade practice identified, seek satisfactory 

13 resolution with the country concerned under the aus14 pices of the World Trade Organization, pursuant to 

15 a bilateral or regional trade agreement to which the 

16 United States is a party, or by any other means. A 

17 satisfactory resolution may include elimination of the 

18 practice or, if not feasible, providing for compen19 satory trade benefits. 

20 ‘‘(2) CONSULTATIONS; INVESTIGATIONS.—Not 

21 later than 120 days after the date that the report 

22 described in subsection (a) is required to be sub23 mitted, the Trade Representative shall, with respect 

24 to any priority foreign country trade practice identi25 fied— 


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1 ‘‘(A) initiate dispute settlement consulta2 tions in the World Trade Organization; 

3 ‘‘(B) initiate dispute settlement consulta4 tions under the applicable provisions of any bi5 lateral or regional trade agreement to which the 

6 United States is a party; 

7 ‘‘(C) initiate an investigation under section 

8 302(b)(1); 

9 ‘‘(D) seek to negotiate an agreement that 

10 provides for the elimination of the priority for11 eign country trade practice or, if elimination of 

12 the practice is not feasible, an agreement that 

13 provides for compensatory trade benefits; or 

14 ‘‘(E) take any other action necessary to 

15 eliminate the priority foreign country trade 

16 practice. 

17 ‘‘(3) REPORT.—If the Trade Representative 

18 takes action under subparagraph (E) of paragraph 

19 (2), the Trade Representative shall, on the same day 

20 the Trade Representative takes such action, trans21 mit to Congress a report describing in detail the ac22 tion, the reasons for taking the action, and the rea23 sons why the Trade Representative did not take ac24 tion under subparagraphs (A) through (D) of such 

25 paragraph. 


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1 ‘‘(e) ADDITIONAL REPORTING.—The Trade Rep2 resentative shall report to the Committee on Finance of 

3 the Senate and the Committee on Ways and Means of the 

4 House of Representatives every 6 months on the progress 

5 being made to realize the trade enforcement priorities 

6 identified in subsection (a)(1) and the steps being taken 

7 to address the priority foreign country trade practices 

8 identified in subsection (a)(3).’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for the Trade Act of 1974 is amended by striking 

11 the item relating to section 310, and inserting the fol12 lowing new item: 

‘‘Sec. 310. Identification of trade enforcement priorities.’’. 

13 TITLE II—WTO DISPUTE SETTLE14 MENT REVIEW COMMISSION 

15 SEC. 201. DEFINITIONS. 

16 For purposes of this title— 

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

18 finding’’ means a finding by a dispute settlement 

19 panel or the Appellate Body that any law, regula20 tion, or practice of, or application thereof by, the 

21 United States or any State is inconsistent with the 

22 obligations of the United States under a Uruguay 

23 Round Agreement (or nullifies or impairs benefits 

24 accruing to a WTO Member under such an Agree25 ment). 


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

2 Body’’ means the Appellate Body established by the 

3 Dispute Settlement Body pursuant to Article 17.1 of 

4 the Dispute Settlement Understanding. 

5 (3) DISPUTE SETTLEMENT BODY.—The term 

6 ‘‘Dispute Settlement Body’’ means the Dispute Set7 tlement Body established pursuant to the Dispute 

8 Settlement Understanding. 

9 (4) DISPUTE SETTLEMENT PANEL; PANEL.— 

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

11 mean a panel established pursuant to Article 6 of 

12 the Dispute Settlement Understanding. 

13 (5) DISPUTE SETTLEMENT UNDERSTANDING.— 

14 The term ‘‘Dispute Settlement Understanding’’ 

15 means the Understanding on Rules and Procedures 

16 Governing the Settlement of Disputes referred to in 

17 section 101(d)(16) of the Uruguay Round Agree18 ments Act (19 U.S.C. 3511(d)(16)). 

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

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

21 the Dispute Settlement Understanding. 

22 (7) TRADE REPRESENTATIVE.—The term 

23 ‘‘Trade Representative’’ means the United States 

24 Trade Representative. 


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1 (8) URUGUAY ROUND AGREEMENT.—The term 

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

3 Agreements described in section 101(d) of the Uru4 guay Round Agreements Act (19 U.S.C. 3511(d)). 

5 (9) WORLD TRADE ORGANIZATION; WTO.—The 

6 terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 

7 mean the organization established pursuant to the 

8 WTO Agreement. 

9 (10) WTO AGREEMENT.—The term ‘‘WTO 

10 Agreement’’ means the Agreement Establishing the 

11 World Trade Organization entered into on April 15, 

12 1994. 

13 (11) WTO MEMBER.—The term ‘‘WTO Mem14 ber’’ has the meaning given that term in section 

15 2(10) of the Uruguay Round Agreements Act (19 

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

17 SEC. 202. ESTABLISHMENT OF COMMISSION. 

18 There is established a commission to be known as the 

19 WTO Dispute Settlement Review Commission (in this sec20 tion referred to as the ‘‘Commission’’). 

21 SEC. 203. MEMBERSHIP. 

22 (a) COMPOSITION.—The Commission shall be com23 posed of 5 members, all of whom shall either be retired 

24 judges of the Federal judicial circuits or have substantial 

25 expertise in international trade law. The members shall 


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1 be appointed by the President, after consultation with the 

2 majority leader and minority leader of the Senate, the ma3 jority leader and minority leader of the House of Rep4 resentatives, the chairman and ranking member of the 

5 Committee on Finance of the Senate, and the chairman 

6 and ranking member of the Committee on Ways and 

7 Means of the House of Representatives. 

8 (b) DATE OF APPOINTMENT.—The appointments of 

9 the initial members of the Commission shall be made not 

10 later than 90 days after the date of enactment of this Act. 

11 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

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

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

14 that 3 of the initial members shall each be appointed 

15 for a term of 3 years. 

16 (2) VACANCIES.— 

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

18 Commission shall not affect its powers, but 

19 shall be filled in the same manner as the origi20 nal appointment and shall be subject to the 

21 same conditions as the original appointment. 

22 (B) UNEXPIRED TERM.—An individual 

23 chosen to fill a vacancy shall be appointed for 

24 the unexpired term of the member replaced. 

25 (d) MEETINGS.— 


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1 (1) INITIAL MEETING.—Not later than 30 days 

2 after the date on which all members of the Commis3 sion have been appointed, the Commission shall hold 

4 its first meeting. 

5 (2) SUBSEQUENT MEETINGS.—The Commission 

6 shall meet subsequently at the call of the Chair7 person. 

8 (e) QUORUM.—A majority of the members of the 

9 Commission shall constitute a quorum, but a lesser num10 ber of members may hold hearings. 

11 (f) CHAIRPERSON AND VICE CHAIRPERSON.—The 

12 Commission shall select a Chairperson and Vice Chair13 person from among its members. 

14 (g) AFFIRMATIVE DETERMINATIONS.—An affirma15 tive vote by a majority of the members of the Commission 

16 shall be required for any affirmative determination by the 

17 Commission under section 204. 

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

19 allowed travel expenses, including per diem in lieu of sub20 sistence at rates authorized for employees of agencies 

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

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

23 business in the performance of services for the Commis24 sion. 


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1 SEC. 204. DUTIES OF THE COMMISSION. 

2 (a) REVIEW OF WTO DISPUTE SETTLEMENT RE3 PORTS.— 

4 (1) IN GENERAL.—The Commission shall re5 view— 

6 (A) all reports of dispute settlement panels 

7 or the Appellate Body that contain adverse 

8 findings and that are adopted by the Dispute 

9 Settlement Body; and 

10 (B) upon the request of the Trade Rep11 resentative, the chairman or ranking member of 

12 the Committee on Finance of the Senate, or the 

13 chairman or ranking member of the Committee 

14 on Ways and Means of the House of Represent15 atives, any other report of a dispute settlement 

16 panel or the Appellate Body that is adopted by 

17 the Dispute Settlement Body. 

18 (2) SCOPE OF REVIEW.—The Commission shall 

19 conduct a complete review of the reports described 

20 in paragraph (1) and determine whether the panel 

21 or Appellate Body, as the case may be— 

22 (A) exceeded its authority or its terms of 

23 reference; 

24 (B) added to the obligations, or diminished 

25 the rights, of the United States under the UruVerDate Aug 31 2005 04:03 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1919.IS S1919

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1 guay Round Agreement that is the subject of 

2 the report; 

3 (C) acted arbitrarily or capriciously, en4 gaged in misconduct, or demonstrably departed 

5 from the procedures specified for panels and 

6 the Appellate Body in the applicable Uruguay 

7 Round Agreement; or 

8 (D) deviated from the applicable standard 

9 of review, including in antidumping, counter10 vailing duty, and other unfair trade remedy 

11 cases, the standard of review set forth in Article 

12 17.6 of the Agreement on Implementation of 

13 Article VI of the General Agreement on Tariffs 

14 and Trade, 1994. 

15 (3) NO DEFERENCE.—In making its determina16 tion under paragraph (2), the Commission shall not 

17 accord deference to findings of law made by the dis18 pute settlement panel or the Appellate Body, as the 

19 case may be. 

20 (4) AFFIRMATIVE DETERMINATION.—If the 

21 Commission makes an affirmative determination 

22 with respect to the action of a panel or the Appellate 

23 Body under subparagraph (A), (B), (C), or (D) of 

24 paragraph (2), the Commission shall determine 

25 whether the action of the panel or Appellate Body 


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1 materially affected the outcome of the report of the 

2 panel or Appellate Body. 

3 (b) DETERMINATION; REPORT.— 

4 (1) DETERMINATION.— 

5 (A) IN GENERAL.—Not later than 120 

6 days after the date on which the Commission 

7 receives notice of a finding or request under 

8 section 205(b), the Commission shall make a 

9 written determination with respect to matters 

10 described in subsection (a)(2) and (4), including 

11 a full analysis of the basis for its determination. 

12 A vote by a majority of the members of the 

13 Commission shall constitute a determination of 

14 the Commission, although the members need 

15 not agree on the basis for their vote. 

16 (B) DISSENTING OR CONCURRING OPIN17 IONS.—Any member of the Commission who 

18 disagrees with a determination of the Commis19 sion or who concurs in such a determination on 

20 a basis different from that of the Commission 

21 or other members of the Commission may write 

22 an opinion expressing such disagreement or 

23 concurrence, as the case may be. 

24 (2) REPORT.—The Commission shall promptly 

25 report the determinations described in paragraph 


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1 (1)(A) to the Committee on Finance of the Senate 

2 and the Committee on Ways and Means of the 

3 House of Representatives. The Commission shall in4 clude with the report any opinions written under 

5 paragraph (1)(B) with respect to the determination 

6 and a summary of any comments submitted pursu7 ant to section 205(b)(2)(A). 

8 (3) AVAILABILITY TO THE PUBLIC.—Each re9 port of the Commission under paragraph (2), to10 gether with any opinions included with the report, 

11 shall be made available to the public. 

12 SEC. 205. POWERS OF THE COMMISSION. 

13 (a) HEARINGS.—The Commission may hold any 

14 hearings, sit and act at any time and place, take any testi15 mony, and receive any evidence as the Commission con16 siders advisable to carry out the purposes of this title. The 

17 Commission shall provide reasonable notice of a hearing 

18 held pursuant to this subsection. 

19 (b) INFORMATION FROM INTERESTED PARTIES AND

20 FEDERAL AGENCIES.— 

21 (1) NOTIFICATION TO COMMISSION.— 

22 (A) UNDER SECTION 204(a)(1)(A).—The 

23 Trade Representative shall advise the Commis24 sion not later than 5 days after the date the 

25 Dispute Settlement Body adopts an adverse 


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1 finding that is to be reviewed by the Commis2 sion under section 204(a)(1)(A). 

3 (B) UNDER SECTION 204(a)(1)(B).—A re4 quest made by the Trade Representative, the 

5 chairman or ranking member of the Committee 

6 on Finance of the Senate, or the chairman or 

7 ranking member of the Committee on Ways and 

8 Means of the House of Representatives under 

9 section 204(a)(1)(B) shall be made not later 

10 than 1 year after the Dispute Settlement Body 

11 adopts the report that is the subject of the re12 quest. 

13 (2) SUBMISSIONS AND REQUESTS FOR INFOR14 MATION.— 

15 (A) IN GENERAL.—The Commission shall 

16 promptly publish notice in the Federal Register 

17 of any notice or request received under para18 graph (1), and provide notice of an opportunity 

19 for interested parties to submit comments to 

20 the Commission. 

21 (B) COMMENTS AVAILABLE TO PUBLIC.— 

22 The Commission shall make comments sub23 mitted pursuant to subparagraph (A) available 

24 to the public. 


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1 (C) INFORMATION FROM FEDERAL AGEN2 CIES AND DEPARTMENTS.—The Commission 

3 may secure directly from any Federal depart4 ment or agency any information the Commis5 sion considers necessary to carry out the provi6 sions of this title. Upon request of the Chair7 person of the Commission, the head of the de8 partment or agency shall furnish the requested 

9 information to the Commission in a timely man10 ner. 

11 (3) ACCESS TO PANEL AND APPELLATE BODY

12 DOCUMENTS.— 

13 (A) IN GENERAL.—The Trade Representa14 tive shall make available to the Commission all 

15 submissions and relevant documents relating to 

16 the panel or Appellate Body report at issue, in17 cluding any information contained in submis18 sions and relevant documents identified by the 

19 provider of the information as proprietary infor20 mation or information designated as confiden21 tial by a foreign government. 

22 (B) PUBLIC ACCESS.—Any document that 

23 the Trade Representative submits to the Com24 mission shall be available to the public, except 

25 information that is identified as proprietary or 


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1 confidential or the disclosure of which would 

2 otherwise violate the rules of the WTO. 

3 (4) ASSISTANCE FROM FEDERAL AGENCIES; 

4 CONFIDENTIALITY.— 

5 (A) ADMINISTRATIVE ASSISTANCE.—Any 

6 agency or department of the United States that 

7 is designated by the President shall provide ad8 ministrative services, funds, facilities, staff, or 

9 other support services to the Commission to as10 sist the Commission with the performance of 

11 the Commission’s functions. 

12 (B) CONFIDENTIALITY.—The Commission 

13 shall protect from disclosure any document or 

14 information submitted to it by a department or 

15 agency of the United States that the agency or 

16 department requests be kept confidential. The 

17 Commission shall not be considered to be an 

18 agency for purposes of section 552 of title 5, 

19 United States Code. 

20 SEC. 206. CHANGES IN AGENCY REGULATIONS OR PRAC21 TICE RELATING TO ADVERSE FINDING. 

22 Section 123(g) of the Uruguay Round Agreements 

23 Act (19 U.S.C. 3533(g)) is amended in paragraph (1)— 

24 (1) in subparagraph (E), by striking ‘‘and’’; 


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1 (2) by redesignating subparagraph (F) as sub2 paragraph (G); and 

3 (3) by inserting after subparagraph (E) the fol4 lowing new subparagraph: 

5 ‘‘(F) the Committee on Finance of the 

6 Senate and the Committee on Ways and Means 

7 of the House of Representatives have received 

8 the report on the determinations of the WTO 

9 Dispute Settlement Review Commission under 

10 section 204(b)(2) of the Trade Enforcement 

11 Act of 2007 with respect to the relevant dispute 

12 settlement panel or Appellate Body report; 

13 and’’. 

14 TITLE III—MARKET DISRUPTION 

15 BY IMPORTS FROM CHINA 

16 SEC. 301. LIMITATION ON PRESIDENTIAL DISCRETION. 

17 Section 421 of the Trade Act of 1974 (19 U.S.C. 

18 2451) is amended— 

19 (1) in subsection (a)— 

20 (A) by inserting ‘‘any’’ before ‘‘increased 

21 duties’’; and 

22 (B) by striking ‘‘, to the extent and for 

23 such period’’ and all that follows to the end pe24 riod and inserting ‘‘recommended by the Inter25 national Trade Commission’’; 


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1 (2) in subsection (e), in the second sentence, by 

2 striking ‘‘agreed upon by either group’’ and all that 

3 follows to the end period and inserting ‘‘shall be con4 sidered an affirmative determination under sub5 section (b)’’; 

6 (3) in subsection (f)— 

7 (A) in the heading, by striking ‘‘ON PRO8 POSED REMEDIES’’ and inserting ‘‘FOR RE9 LIEF’’; 

10 (B) in the first sentence— 

11 (i) by striking ‘‘the President or 

12 Trade Representative may consider as’’ 

13 and inserting ‘‘is to be considered’’; and 

14 (ii) by striking ‘‘the Commission shall 

15 propose’’ and inserting ‘‘the Commission 

16 shall recommend’’; and 

17 (C) in the second sentence, by striking 

18 ‘‘proposed action’’ and inserting ‘‘recommended 

19 action’’; 

20 (4) in subsection (g)(2)(B)— 

21 (A) by striking ‘‘or may be considered by 

22 the President or the Trade Representative as’’ 

23 and inserting ‘‘or if the determination is consid24 ered to be’’; and 


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1 (B) by striking ‘‘on proposed remedies’’ 

2 and inserting ‘‘for relief’’; 

3 (5) in subsection (h)— 

4 (A) in the heading, by striking ‘‘PROPOSED

5 MEASURE AND RECOMMENDATION TO THE

6 PRESIDENT’’ and inserting ‘‘RECOMMENDED

7 RELIEF AND REPORT BY TRADE REPRESENTA8 TIVE’’; 

9 (B) in paragraph (1)— 

10 (i) by striking ‘‘measure proposed by 

11 the Trade Representative to be taken pur12 suant to subsection (a)’’ and inserting ‘‘re13 lief recommended by the Commission 

14 under subsection (f)’’; and 

15 (ii) by striking ‘‘proposed measure’’ 

16 and inserting ‘‘recommended relief’’; 

17 (C) in paragraph (2), by striking ‘‘on the 

18 measure proposed by the Trade Representative’’ 

19 and all that follows to the end period and in20 serting ‘‘, shall transmit a report to the Presi21 dent recommending what action to take under 

22 subsection (k)’’; and 

23 (D) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(3) The Trade Representative, after submitting a 

2 report to the President under paragraph (2), shall prompt3 ly make the report available to the public, excluding any 

4 proprietary or confidential information. The Trade Rep5 resentative shall publish a summary of the report in the 

6 Federal Register.’’; 

7 (6) in subsection (i)— 

8 (A) in the flush sentence at the end of 

9 paragraph (1), by striking ‘‘agreed upon by ei10 ther group’’ and all that follows to the end pe11 riod and inserting ‘‘shall be considered an af12 firmative determination of the Commission’’; 

13 and 

14 (B) by striking paragraphs (2), (3), and 

15 (4), and inserting the following: 

16 ‘‘(2) On the date on which the Commission completes 

17 its determinations under paragraph (1), the Commission 

18 shall transmit a report on the determinations to the Presi19 dent and the Trade Representative, including the reasons 

20 for its determinations. If the determinations under para21 graph (1) are affirmative or if the determinations are con22 sidered to be affirmative under paragraph (1), the Com23 mission shall include in its report its recommendations on 

24 provisional relief to be taken to prevent or remedy the 

25 market disruption. Only those members of the Commission 


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1 who agreed to the affirmative determinations under para2 graph (1) are eligible to vote on the recommended provi3 sional relief to prevent or remedy market disruption. Mem4 bers of the Commission who did not agree to the affirma5 tive determinations may submit, in the report, dissenting 

6 or separate views regarding the determination and any 

7 recommendation of provisional relief referred to in this 

8 paragraph. 

9 ‘‘(3) The provisional relief referred to in paragraph 

10 (2) may include— 

11 ‘‘(A) the imposition of or increase in any duty; 

12 ‘‘(B) any modification, or imposition of any 

13 quantitative restriction on the importation of any ar14 ticle into the United States; or 

15 ‘‘(C) any combination of actions under subpara16 graph (A) or (B). 

17 ‘‘(4) If the determinations under paragraph (1) are 

18 affirmative or if the determinations are considered to be 

19 affirmative under paragraph (1), the Trade Representa20 tive shall, within 10 days after receipt of the Commission’s 

21 report, transmit a report to the President recommending 

22 what action to take with respect to provisional relief under 

23 subsection (k). 

24 ‘‘(5)(A) The President shall proclaim any provisional 

25 relief recommended by the Commission not later than 10 


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1 days after the date the President receives the report de2 scribed in paragraph (4) from the Trade Representative. 

3 ‘‘(B) Any provisional relief proclaimed by the Presi4 dent pursuant to a determination of critical circumstances 

5 shall remain in effect for a period not to exceed 200 days. 

6 ‘‘(C) Provisional relief shall cease to apply upon the 

7 effective date of relief proclaimed under subsection (a), 

8 upon a decision by the President not to provide such relief 

9 under subsection (k), or upon a negative determination by 

10 the Commission under subsection (b).’’; 

11 (7) in subsection (j)— 

12 (A) in paragraph (1), by striking ‘‘which 

13 the Trade Representative considers to be’’ and 

14 inserting ‘‘that is considered to be’’; 

15 (B) by striking paragraph (2) and insert16 ing the following: 

17 ‘‘(2) If no agreement is reached with the People’s Re18 public of China pursuant to consultations under para19 graph (1) in the time required for Presidential action 

20 under subsection (k), or if the President determines that 

21 an agreement reached pursuant to such consultations is 

22 not preventing or remedying the market disruption at 

23 issue in the time required for Presidential action under 

24 subsection (k), the President shall provide import relief 

25 in accordance with subsection (a).’’. 


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1 (8) in subsection (k)— 

2 (A) in the heading, by striking ‘‘STAND3 ARD FOR PRESIDENTIAL ACTION’’ and inserting 

4 ‘‘TIMING FOR PRESIDENTIAL ACTION; EXCEP5 TIONS’’; 

6 (B) in paragraph (1), by striking ‘‘a rec7 ommendation from the Trade Representative’’ 

8 and all that follows to the end period and in9 serting ‘‘a report from the Trade Representa10 tive under subsection (h)(2), the President 

11 shall, pursuant to subsection (a), proclaim the 

12 relief recommended by the Commission’’; and 

13 (C) by amending paragraph (2) to read as 

14 follows: 

15 ‘‘(2) The President may decline to proclaim relief 

16 pursuant to subsection (a), may proclaim relief pursuant 

17 to subsection (a) that differs from the relief recommended 

18 by the Commission, may decline to proclaim provisional 

19 relief pursuant to subsection (i), or may proclaim provi20 sional relief pursuant to subsection (i) that differs from 

21 the relief recommended by the Commission— 

22 ‘‘(A) only in extraordinary cases; and 

23 ‘‘(B) only if the President determines that pro24 viding relief or provisional relief pursuant to sub25 section (a) or (i) or providing the relief recVerDate Aug 31 2005 04:03 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1919.IS S1919

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1 ommended by the Commission pursuant to sub2 section (a) or (i)— 

3 ‘‘(i) would have an adverse impact on the 

4 United States economy that clearly and signifi5 cantly outweighs the benefits of such action; or 

6 ‘‘(ii) would cause serious harm to the na7 tional security of the United States.’’; 

8 (9) in subsection (l), by amending paragraph 

9 (1) to read as follows: 

10 ‘‘(1) The President’s decision under subsection (k) 

11 shall be submitted to the Committee on Finance of the 

12 Senate and the Committee on Ways and Means of the 

13 House of Representatives and shall be published in the 

14 Federal Register within 15 days of the decision. In the 

15 submission to the committees and in publication in the 

16 Federal Register, the President shall include the reasons 

17 for the decision and the scope and duration of any action 

18 taken. If the President takes action that differs from the 

19 action recommended by the Commission under subsection 

20 (f) or declines to take action pursuant to subsection 

21 (k)(2), the President shall state in detail the reasons for 

22 such action or inaction.’’; 

23 (10) by redesignating subsections (m) through 

24 (o) as subsections (n) through (p), respectively; 


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1 (11) by inserting after subsection (l) the fol2 lowing new subsection: 

3 ‘‘(m) IMPLEMENTATION OF ACTION RECOMMENDED

4 BY COMMISSION.—(1) If the President takes action that 

5 differs from the action recommended by the Commission 

6 under subsection (f) or declines to take action pursuant 

7 to subsection (k)(2)(B)(i), the action recommended by the 

8 Commission under subsection (f) shall take effect (as pro9 vided in subsection (n)(2)) upon the enactment of a joint 

10 resolution described in paragraph (2) within the 90-day 

11 period beginning on the date on which the President’s de12 cision is transmitted to the Congress pursuant to sub13 section (l). 

14 ‘‘(2) For purposes of this section, the term ‘joint res15 olution’ means a joint resolution of the 2 Houses of the 

16 Congress, the sole matter after the resolving clause of 

17 which is as follows: ‘That the Congress does not approve 

18 the action taken by, or the determination of, the President 

19 under section 421 of the Trade Act of 1974, notice of 

20 which was transmitted to the Congress on 

21 llllll.’, with the blank space being filled with the 

22 appropriate date. 

23 ‘‘(3) The provisions of section 152 (b), (d), (e), and 

24 (f) of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), 

25 and (f)) shall apply to joint resolutions under this section. 


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1 ‘‘(4) It is not in order for— 

2 ‘‘(A) the Senate to consider any joint resolution 

3 not reported by the Committee on Finance; or 

4 ‘‘(B) the House of Representatives to consider 

5 any joint resolution not reported by the Committee 

6 on Ways and Means.’’; 

7 (12) in subsection (n), as redesignated, by 

8 striking ‘‘Import relief under this section’’ and all 

9 that follows to the end period and inserting the fol10 lowing: 

11 ‘‘(1) Except as provided in paragraph (2), import re12 lief under this section shall take effect not later than 15 

13 days after the President’s determination to provide such 

14 relief. 

15 ‘‘(2) If the action recommended by the Commission 

16 takes effect pursuant to subsection (m), the President 

17 shall, within 15 days after the date of the enactment of 

18 the joint resolution referred to in subsection (m), proclaim 

19 the action recommended by the Commission under sub20 section (f). Such action shall take effect not later than 

21 15 days after the date of the President’s proclamation.’’; 

22 (13) in subsection (o), as redesignated— 

23 (A) in paragraph (1), by striking ‘‘6- 

24 month’’ and inserting ‘‘1-year’’; and 


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1 (B) in paragraph (3), by inserting ‘‘or 

2 (m)’’ after ‘‘subsection (k)’’; and 

3 (14) in subsection (p), as redesignated— 

4 (A) in paragraph (1), by inserting ‘‘or 

5 (m)’’ after ‘‘subsection (k);’’; and 

6 (B) in paragraph (3), by striking ‘‘sub7 section (m)’’ and inserting ‘‘subsection (n)’’. 

8 TITLE IV—STRENGTHENING 

9 ANTIDUMPING AND COUN10 TERVAILING DUTY LAWS 

11 SEC. 401. APPLICATION OF COUNTERVAILING DUTIES TO 

12 NONMARKET ECONOMIES. 

13 (a) IN GENERAL.—Section 701(a)(1) of the Tariff 

14 Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by insert15 ing ‘‘(including a nonmarket economy country)’’ after 

16 ‘‘country’’ each place it appears. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) applies to petitions filed under section 702 

19 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or after 

20 October 1, 2006. 

21 SEC. 402. CLARIFICATION OF DETERMINATION OF MATE22 RIAL INJURY. 

23 Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 

24 1677(7)) is amended by adding at the end the following 

25 new subparagraph: 


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1 ‘‘(J) CLARIFICATION OF DETERMINATION

2 OF MATERIAL INJURY.—In determining if there 

3 is material injury, or threat of material injury, 

4 by reason of imports of the subject merchan5 dise, the Commission shall make its determina6 tion without regard to— 

7 ‘‘(i) whether other imports are likely 

8 to replace the subject merchandise, or 

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

10 the domestic industry.’’. 

11 TITLE V—TRADE ENFORCEMENT 

12 PERSONNEL 

13 SEC. 501. CHIEF TRADE ENFORCEMENT OFFICER. 

14 (a) ESTABLISHMENT OF POSITION.—Section 

15 141(b)(2) of the Trade Act of 1974 (19 U.S.C. 

16 2171(b)(2)) is amended to read as follows: 

17 ‘‘(2) There shall be in the Office 3 Deputy United 

18 States Trade Representatives, 1 Chief Agricultural Nego19 tiator, and 1 Chief Trade Enforcement Officer who shall 

20 all be appointed by the President, by and with the advice 

21 and consent of the Senate. As an exercise of the rule22 making power of the Senate, any nomination of a Deputy 

23 United States Trade Representative, the Chief Agricul24 tural Negotiator, or the Chief Trade Enforcement Officer 

25 submitted to the Senate for its advice and consent, and 


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1 referred to a committee, shall be referred to the Com2 mittee on Finance. Each Deputy United States Trade 

3 Representative, the Chief Agricultural Negotiator, and the 

4 Chief Trade Enforcement Officer shall hold office at the 

5 pleasure of the President and shall have the rank of Am6 bassador.’’. 

7 (b) FUNCTIONS OF POSITION.—Section 141(c) of the 

8 Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by 

9 adding at the end the following new paragraph: 

10 ‘‘(6) The principal function of the Chief Trade En11 forcement Officer shall be to ensure that United States 

12 trading partners comply with trade agreements to which 

13 the United States is a party. The Chief Trade Enforce14 ment Officer shall assist the United States Trade Rep15 resentative in investigating and prosecuting disputes pur16 suant to trade agreements to which the United States is 

17 a party, including before the World Trade Organization, 

18 and shall assist the United States Trade Representative 

19 in carrying out the Trade Representative’s functions 

20 under subsection (d). The Chief Trade Enforcement Offi21 cer shall make recommendations with respect to the ad22 ministration of United States trade laws relating to for23 eign government barriers to United States goods, services, 

24 investment, and intellectual property, and with respect to 

25 government procurement and other trade matters. The 


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1 Chief Trade Enforcement Officer shall perform such other 

2 functions as the United States Trade Representative may 

3 direct.’’. 

4 (c) COMPENSATION.—Section 5314 of title 5, United 

5 States Code, is amended by inserting ‘‘Chief Trade En6 forcement Officer’’ as a new item after ‘‘Chief Agricultural 

7 Negotiator’’. 

8 (d) TECHNICAL AMENDMENTS.—Section 141(e) of 

9 the Trade Act of 1974 (19 U.S.C. 2171(e)) is amended— 

10 (1) in paragraph (1), by striking ‘‘5314’’ and 

11 inserting ‘‘5315’’; and 

12 (2) in paragraph (2), by striking ‘‘the max13 imum rate of pay for grade GS–18, as provided in 

14 section 5332’’ and inserting ‘‘the maximum rate of 

15 pay for level IV of the Executive Schedule in section 

16 5315’’. 

17 SEC. 502. TRADE ENFORCEMENT WORKING GROUP. 

18 (a) ESTABLISHMENT.—Not later than 90 days after 

19 the date of the enactment of this Act, the United States 

20 Trade Representative shall establish an interagency Trade 

21 Enforcement Working Group, which shall be chaired by 

22 the Chief Trade Enforcement Officer of the Office of the 

23 United States Trade Representative. 

24 (b) MEMBERSHIP.—The Trade Enforcement Work25 ing Group shall include representatives from the DepartVerDate Aug 31 2005 04:03 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1919.IS S1919

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1 ments of State, Treasury, Commerce, and Agriculture, 

2 and such other departments and agencies as the United 

3 States Trade Representative considers appropriate. 

4 (c) RESPONSIBILITY.—The Trade Enforcement 

5 Working Group shall assist and advise the Chief Trade 

6 Enforcement Officer in carrying out the principal func7 tions described in section 141(c)(6) of the Trade Act of 

8 1974. Although the Chief Trade Enforcement Officer shall 

9 carefully consider any advice provided by the Trade En10 forcement Working Group, the Chief Trade Enforcement 

11 Officer shall not seek clearance or any other form of ap12 proval from the Trade Enforcement Working Group for 

13 any actions the Chief Trade Enforcement Officer takes in 

14 carrying out the functions described in such section 

15 141(c)(6). 

16 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated $5,000,000 to 

18 the Office of the United States Trade Representative to 

19 carry out the provisions of this title. 


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1 TITLE VI—INTELLECTUAL PROP2 ERTY ENFORCEMENT PER3 SONNEL 

4 SEC. 601. SECTION 337 JUDGES. 

5 Section 337 of the Tariff Act of 1930 (19 U.S.C. 

6 1337) is amended by adding at the end the following new 

7 subparagraph: 

8 ‘‘(o) SECTION 337 JUDGES.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding the provi10 sions of subsection 556(b) of title 5, United States 

11 Code, the Commission is authorized to appoint hear12 ing officers, other than administrative law judges ap13 pointed under section 3105 of title 5, United States 

14 Code, to preside at the taking of evidence at hear15 ings required by this section and to make initial and 

16 recommended decisions in accordance with sections 

17 554, 556, and 557 of title 5, United States Code, in 

18 investigations under this section. The hearing offi19 cers appointed under this subsection shall be known 

20 as section 337 judges. 

21 ‘‘(2) QUALIFICATIONS.—A person appointed as 

22 a section 337 judge under paragraph (1) shall pos23 sess a minimum of 7 years of legal experience and 

24 be licensed to practice law under the laws of a State, 

25 the District of Columbia, the Commonwealth of 


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1 Puerto Rico, or any territorial court established 

2 under the Constitution of the United States. The 

3 Commission may promulgate such other regulations 

4 as the Commission considers necessary with respect 

5 to the qualifications of section 337 judges, including 

6 technical expertise and experience in patent, trade7 mark, copyright, and unfair competition law. 

8 ‘‘(3) ROTATION.—Section 337 judges shall be 

9 assigned to cases in rotation to the extent prac10 ticable or as otherwise provided for in the Commis11 sion’s rules. 

12 ‘‘(4) OTHER DUTIES.—A section 337 judge may 

13 not perform duties inconsistent with the duties and 

14 responsibilities of a section 337 judge. 

15 ‘‘(5) REMOVAL.—A section 337 judge may only 

16 be removed for good cause shown upon a hearing 

17 conducted on the record by the Merit Systems Pro18 tection Board. The failure of the Commission to 

19 adopt the initial or recommended decision of a sec20 tion 337 judge shall not constitute good cause. 

21 ‘‘(6) COMPETITIVE SERVICE.—Except as other22 wise provided, the laws, rules, and regulations appli23 cable to positions in the competitive service apply to 

24 section 337 judges. Upon appointment, a section 

25 337 judge shall be paid in accordance with the pay 


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1 rates of section 5372 of title 5, United States Code, 

2 commensurate with the pay rate of an administra3 tive law judge with similar time in service. Section 

4 337 judges shall not be Senior Executive Service po5 sitions for the purposes of sections 3131 and 3132 

6 of title 5, United States Code. 

7 ‘‘(7) PERFORMANCE EVALUATIONS.—Section 

8 337 judges shall not receive performance evaluations 

9 and shall not be compensated based on perform10 ance.’’. 

11 TITLE VII—INTERAGENCY 

12 TRADE ORGANIZATION 

13 SEC. 701. CLARIFICATION OF ROLE OF INTERAGENCY 

14 TRADE ORGANIZATION ESTABLISHED UNDER 

15 SECTION 242(a) OF THE TRADE EXPANSION 

16 ACT OF 1962. 

17 Section 141(c)(1)(I) of the Trade Act of 1974 (19 

18 U.S.C. 2171(c)(1)(I)) is amended to read as follows: 

19 ‘‘(I) be chairman of the interagency trade 

20 organization established under section 242(a) of 

21 the Trade Expansion Act of 1962, consult with 

22 and carefully consider any advice provided by 

23 such organization in the performance of the 

24 functions of the United States Trade Rep25 resentative, but the United States Trade RepVerDate Aug 31 2005 04:03 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1919.IS S1919

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1 resentative shall not seek clearance or any other 

2 form of approval from the interagency trade or3 ganization for any actions the United States 

4 Trade Representative takes in the performance 

5 of the functions described in this subsection; 

6 and’’. 

Æ 


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