I
106TH CONGRESS
1ST SESSION
H. R. 2991
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 HOUSE OF REPRESENTATIVES
OCTOBER 1, 1999
Mr. COMBEST (for himself, Mr. STENHOLM, Mr. DELAY, Mr. PORTMAN, Mr.
EWING, Mr. WATKINS, Mr. HOLDEN, Mr. BOEHNER, Mr. BERRY, Mr.
CHAMBLISS, Mr. THOMAS, Mr. CAMP, and Mr. BLUNT) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Trade Act of 1974 to provide for periodic
revision of retaliation lists or other remedial action imple-
mented under section 306 of such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REVISION OF RETALIATION LIST OR OTHER RE-
MEDIAL ACTION.
Section 306(b)(2) of the Trade Act of 1974 (19
U.S.C. 2416(b)(2)) is amended—
(1) by striking ‘‘If the’’ and inserting the fol-
lowing:
‘‘(A) 
FAILURE
TO
IMPLEMENT
REC-
OMMENDATION.—If the’’; and
(2) by adding at the end the following:
‘‘(B) REVISION OF RETALIATION LIST AND
ACTION.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), in the event that the
United States initiates a retaliation list or
takes any other action described in section
301(c)(1) (A) or (B) against the goods of
a foreign country or countries because of
the failure of such country or countries to
implement the recommendation made pur-
suant to a dispute settlement proceeding
under the World Trade Organization, the
Trade Representative shall periodically re-
vise the list or action to affect other goods
of the country or countries that have failed
to implement the recommendation.
‘‘(ii) EXCEPTION.—The Trade Rep-
resentative is not required to revise the re-
taliation list or the action described in
clause (i) with respect to a country, if—
‘‘(I) the Trade Representative de-
termines that implementation of a rec-
ommendation made pursuant to a dis-
pute settlement proceeding described
in clause (i) by the country is immi-
nent; or
‘‘(II) the Trade Representative
together with the petitioner involved
in the initial investigation under this
chapter (or if no petition was filed,
the affected United States industry)
agree that it is unnecessary to revise
the retaliation list.
‘‘(C) SCHEDULE
FOR
REVISING
LIST
OR
ACTION.—The Trade Representative shall, 120
days after the date the retaliation list or other
section 301(a) action is first taken, and every
180 days thereafter, review the list or action
taken and revise, in whole or in part, the list
or action to affect other goods of the subject
country or countries.
‘‘(D) STANDARDS FOR REVISING LIST OR
ACTION.—In revising any list or action against
a country or countries under this subsection,
the Trade Representative shall act in a manner
that is most likely to result in the country or
countries implementing the recommendations
adopted in the dispute settlement proceeding or
in achieving a mutually satisfactory solution to
the issue that gave rise to the dispute settle-
ment proceeding. The Trade Representative
shall consult with the petitioner, if any, involved
in the initial investigation under this chapter.
‘‘(E) RETALIATION LIST.—The term ‘retal-
iation list’ means the list of products of a for-
eign country or countries that have failed to
comply with the report of the panel or Appellate
Body of the WTO and with respect to which the
Trade Representative is imposing duties above
the level that would otherwise be imposed under
the Harmonized Tariff Schedule of the United
States.’’.
Æ