I 

112TH CONGRESS 

1ST SESSION H. R. 3112 

To require that certain actions be taken with respect to complaints received 

by the Department of Commerce of nontariff barriers imposed by other 

countries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2011 

Mr. TURNER of Ohio introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To require that certain actions be taken with respect to 

complaints received by the Department of Commerce of 

nontariff barriers imposed by other countries, 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 ‘‘Trade Law Enforce5 ment Act of 2011’’. 


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1 SEC. 2. ACTIONS ON COMPLAINTS ON NONTARIFF BAR2 RIERS IMPOSED BY OTHER COUNTRIES. 

3 (a) ACTIONS BY SECRETARY OF COMMERCE.—In any 

4 case in which the Secretary of Commerce receives a com5 plaint from an interested person that a foreign country 

6 is engaging in an act, policy, or practice that acts as a 

7 nontariff barrier to United States commerce, and the Sec8 retary is unable to resolve the complaint within the 180- 

9 day period beginning on the date on which the complaint 

10 is received, the Secretary, in consultation with the United 

11 States International Trade Commission, as appropriate, 

12 shall, within 45 days after the end of that 180-day period, 

13 issue an opinion as to whether, under section 301 of the 

14 Trade Act of 1974— 

15 (1) the rights of the United States under any 

16 trade agreement are being denied because of such 

17 act, policy, or practice; or 

18 (2) the act, policy, or practice— 

19 (A) violates, or is inconsistent with, the 

20 provisions of, or otherwise denies benefits to the 

21 United States under, any trade agreement; or 

22 (B) is unjustifiable and burdens or re23 stricts United States commerce. 

24 (b) REFERRAL TO USTR.— 

25 (1) REFERRAL.—If the Secretary of Commerce, 

26 in an opinion issued under subsection (a), makes an 


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1 affirmative determination with respect to the rights 

2 of the United States under subsection (a)(1), or with 

3 respect to an act, policy, or practice under sub4 section (a)(2), the Secretary shall refer the matter 

5 to the United States Trade Representative. 

6 (2) INITIATION OF INVESTIGATION.—The 

7 United States Trade Representative shall, within 45 

8 days after the date on which the opinion of the Sec9 retary is issued, initiate an investigation under sec10 tion 302(b) of the Trade Act of 1974 (19 U.S.C. 

11 2412(b)) with respect to the matter that is the sub12 ject of the opinion of the Secretary. In conducting 

13 such investigation— 

14 (A) subsections (b)(2)(B) and (c) of sec15 tion 302 of the Trade Act of 1974 (19 U.S.C. 

16 2412(b)(2)(B) and (c)) shall not apply; and 

17 (B) the Trade Representative shall publish 

18 in the Federal Register a summary of the issues 

19 involved in the investigation and shall, as soon 

20 as possible, provide opportunity for the presen21 tation of views concerning the issues, including 

22 a public hearing— 

23 (i) within the 30-day period beginning 

24 on the date on which the opinion of the 

25 Secretary is issued, if a public hearing 


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1 within such period is requested by an in2 terested person; or 

3 (ii) at such other time if a timely re4 quest therefor is made by an interested 

5 person. 

Æ 


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