I 

112TH CONGRESS 

1ST SESSION H. R. 2909 

To withdraw normal trade relations treatment from the products of the 

People’s Republic of China, to provide for a balanced trade relationship 

between that country and the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2011 

Mr. SHERMAN (for himself, Ms. KAPTUR, Mr. DEFAZIO, Mr. JONES, and Mr. 

ROHRABACHER) 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 withdraw normal trade relations treatment from the products of the People’s Republic of China, to provide for 

a balanced trade relationship between that country and 

the United States, 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 China 

5 Trade Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The United States and the People’s Repub4 lic of China are among the world’s largest economies 

5 and are among the world’s largest producers and 

6 consumers of goods. 

7 (2) The Government of the People’s Republic of 

8 China has pursued an international trade policy that 

9 violates its obligations as a member of the World 

10 Trade Organization and other international organi11 zations, which has resulted in a perpetual, histori12 cally high trade imbalance with the United States 

13 that threatens the stability of the global economy. 

14 (3) As members of both the World Trade Orga15 nization and the International Monetary Fund, the 

16 People’s Republic of China has assumed a series of 

17 international legal obligations to eliminate all sub18 sidies for exports and to facilitate international 

19 trade. The People’s Republic of China has failed to 

20 do so. 

21 (4) The Chinese Government continues to main22 tain control over the decisions of Chinese enterprises 

23 through ownership, board membership, and coercion. 

24 (5) The Chinese Government, directly and indi25 rectly, facilitates unfair requirements for coproducVerDate Mar 15 2010 23:13 Sep 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2909.IH H2909

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1 tion agreements between United States companies 

2 and Chinese entities. 

3 (6) Since 1994, the People’s Republic of China 

4 has repeatedly intervened in currency markets and 

5 taken measures that have significantly misaligned 

6 the value of its currency against the United States 

7 dollar and other currencies. This policy by the Peo8 ple’s Republic of China has resulted in substantial 

9 undervaluation of the renminbi by up to 40 percent 

10 or more. 

11 SEC. 3. SENSE OF CONGRESS. 

12 It is the sense of Congress that— 

13 (1) a persistent trade deficit with the People’s 

14 Republic of China is harmful to the long-term health 

15 of the United States economy and must be cor16 rected; and 

17 (2) the President should begin immediate, expe18 dited negotiations with the People’s Republic of 

19 China that are designed to eliminate the trade def20 icit within 4 years. 

21 SEC. 4. WITHDRAWAL OF NORMAL TRADE RELATIONS 

22 TREATMENT FROM THE PEOPLE’S REPUBLIC 

23 OF CHINA. 

24 Notwithstanding the provisions of title I of Public 

25 Law 106–286, title IV of the Trade Act of 1974, or any 


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1 other provision of law, upon the expiration of the 6-month 

2 period beginning on the date of the enactment of this 

3 Act— 

4 (1) normal trade relations treatment shall not 

5 apply to the products of the People’s Republic of 

6 China, and normal trade relations treatment may 

7 not thereafter be extended to the products of that 

8 country; and 

9 (2) the column 2 rate of duty under the Har10 monized Tariff Schedule of the United States shall 

11 apply to the products of the People’s Republic of 

12 China. 

13 SEC. 5. BALANCED TRADE RELATIONS WITH THE PEOPLE’S 

14 REPUBLIC OF CHINA. 

15 (a) IN GENERAL.—The President shall, upon the en16 actment of this Act, take the necessary steps to negotiate 

17 a trade relationship with the People’s Republic of China 

18 that will achieve and maintain balanced trade between the 

19 United States and the People’s Republic of China within 

20 four years after the date of the enactment of this Act. 

21 (b) SUBMISSION OF IMPLEMENTING LEGISLATION.— 

22 (1) IN GENERAL.—Upon conclusion of the ne23 gotiations specified in subsection (a), the President 

24 shall submit implementing legislation to Congress. 


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1 (2) IMPLEMENTING LEGISLATION.—For pur2 poses of this section, the term ‘‘implementing legis3 lation’’ means legislation that only contains provi4 sions that are necessary to carry out any agreements 

5 negotiated under subsection (a). 

6 (3) EXPEDITED CONSIDERATION.— 

7 (A) IN THE HOUSE OF REPRESENTA8 TIVES.—For the purpose of expediting the con9 sideration and enactment of implementing legis10 lation submitted under paragraph (1), a motion 

11 to proceed to the consideration of such imple12 menting legislation after it has been reported by 

13 the appropriate committee shall be treated as 

14 highly privileged in the House of Representa15 tives. 

16 (B) IN THE SENATE.—Implementing legis17 lation submitted under paragraph (1) shall be 

18 considered in the Senate in accordance with the 

19 provisions of section 601(b) of the International 

20 Security Assistance and Arms Export Control 

21 Act of 1976. 

22 (c) EFFECT OF ENACTMENT OF IMPLEMENTING

23 LEGISLATION.—Upon the enactment of implementing leg24 islation under this section, section 4 shall cease to be effec25 tive. 


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1 SEC. 6. DEFINITIONS. 

2 In this Act, the term ‘‘balanced trade’’ means a bal3 ance of trade between the United States and the People’s 

4 Republic of China that ensures the value of United States 

5 goods exported from the United States, on a balance of 

6 payment basis, is equal in value to goods imported from 

7 the People’s Republic of China, on a balance of payment 

8 basis. 

Æ 


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