I
103D CONGRESS
2D SESSION
H. R. 5110
To approve and implement the trade agreements concluded in the Uruguay
Round of multilateral trade negotiations.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1994
Mr. GEPHARDT (for himself and Mr. MICHEL) (by request) introduced the fol-
lowing bill; which was referred jointly to the following Committees for a
period ending not later than October 3, 1994: Ways and Means, Agri-
culture, Education and Labor, Energy and Commerce, Foreign Affairs,
Government Operations, the Judiciary, and Rules
A BILL
To approve and implement the trade agreements concluded
in the Uruguay Round of multilateral trade negotiations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Uruguay Round Agreements Act’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING
TO, THE URUGUAY ROUND AGREEMENTS
Subtitle A—Approval of Agreements and Related Provisions
Sec. 101. Approval and entry into force of the Uruguay Round Agreements.
Sec. 102. Relationship of the agreements to United States law and State law.
Sec. 103. Implementing actions in anticipation of entry into force; regulations.
Subtitle B—Tariff Modifications
Sec. 111. Tariff modifications.
Sec. 112. Implementation of Schedule XX provisions on ship repairs.
Sec. 113. Liquidation or reliquidation and refund of duty paid on certain en-
tries.
Sec. 114. Modifications to the HTS.
Sec. 115. Consultation and layover requirements for, and effective date of, pro-
claimed actions.
Sec. 116. Effective date.
Subtitle C—Uruguay Round Implementation and Dispute Settlement
Sec. 121. Definitions.
Sec. 122. Implementation of Uruguay Round Agreements.
Sec. 123. Dispute settlement panels and procedures.
Sec. 124. Annual report on the WTO.
Sec. 125. Review of participation in the WTO.
Sec. 126. Increased transparency.
Sec. 127. Access to the WTO dispute settlement process.
Sec. 128. Advisory committee participation.
Sec. 129. Administrative action following WTO panel reports.
Sec. 130. Effective date.
Subtitle D—Related Provisions
Sec. 131. Working party on worker rights.
Sec. 132. Implementation of rules of origin work program.
Sec. 133. Membership in WTO of boycotting countries.
Sec. 134. Africa trade and development policy.
Sec. 135. Objectives for extended negotiations.
Sec. 136. Repeal of tax on imported perfumes; drawback of tax on distilled
spirits used in perfume manufacture.
Sec. 137. Certain nonrubber footwear.
Sec. 138. Effective date.
TITLE II—ANTIDUMPING AND COUNTERVAILING DUTY
PROVISIONS
Sec. 201. Reference.
Subtitle A—General Provisions
Sec. 211. Action with respect to petitions.
Sec. 212. Petition and preliminary determination.
Sec. 213. De minimis dumping margin.
Sec. 214. Critical circumstances.
Sec. 215. Provisional measures.
Sec. 216. Conditions on acceptance of suspension agreements.
Sec. 217. Termination of investigation.
Sec. 218. Special rules for regional industries.
Sec. 219. Determination of weighted average dumping margin.
Sec. 220. Review of determinations.
Sec. 221. Review determinations.
Sec. 222. Definitions.
Sec. 223. Export price and constructed export price.
Sec. 224. Normal value.
Sec. 225. Currency conversion.
Sec. 226. Proprietary and nonproprietary information.
Sec. 227. Opportunity for comment by consumers and industrial users.
Sec. 228. Public notice and explanation of determinations.
Sec. 229. Sampling and averaging; determination of weighted average dumping
margin.
Sec. 230. Anticircumvention.
Sec. 231. Evidence.
Sec. 232. Antidumping petitions by third countries.
Sec. 233. Conforming amendments.
Sec. 234. Application to Canada and Mexico.
Subtitle B—Subsidies Provisions
PART 1—COUNTERVAILABLE SUBSIDIES
Sec. 251. Countervailable subsidy.
PART 2—REPEAL OF SECTION 303 AND CONFORMING AMENDMENTS
Sec. 261. Repeal of section 303.
Sec. 262. Imposition of countervailing duties.
Sec. 263. De minimis countervailable subsidy.
Sec. 264. Determination of countervailable subsidy rate.
Sec. 265. Assessment of countervailing duty.
Sec. 266. Nature of countervailable subsidy.
Sec. 267. Definition of developing and least-developed country.
Sec. 268. Upstream subsidies.
Sec. 269. Determination of countervailable subsidy rate.
Sec. 270. Conforming amendments.
PART 3—SECTION 303 INJURY INVESTIGATIONS
Sec. 271. Special rules for injury investigations for certain section 303 counter-
vailing duty orders and investigations.
PART 4—ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE
SUBSIDIES AGREEMENT
Sec. 281. Subsidies enforcement.
Sec. 282. Review of subsidies agreement.
Sec. 283. Amendments to title VII of the Tariff Act of 1930.
Subtitle C—Effective Date
Sec. 291. Effective date.
TITLE III—ADDITIONAL IMPLEMENTATION OF AGREEMENTS
Subtitle A—Safeguards
Sec. 301. Investigations, determinations, and recommendations by International
Trade Commission.
Sec. 302. Action by President after determination of import injury.
Sec. 303. Miscellaneous amendments.
Sec. 304. Effective date.
Subtitle B—Foreign Trade Barriers and Unfair Trade Practices
Sec. 311. Identification of foreign anticompetitive practices.
Sec. 312. Consultation with committees.
Sec. 313. Identification of countries that deny protection of intellectual prop-
erty rights.
Sec. 314. Amendments to title III of the Trade Act of 1974.
Sec. 315. Objectives in intellectual property.
Sec. 316. Effective date.
Subtitle C—Unfair Practices in Import Trade
Sec. 321. Unfair practices in import trade.
Sec. 322. Effective date.
Subtitle D—Textiles
Sec. 331. Textile product integration.
Sec. 332. Amendment to section 204 of the Agricultural Act of 1956.
Sec. 333. Textile transshipments.
Sec. 334. Rules of origin for textile and apparel products.
Sec. 335. Effective date.
Subtitle E—Government Procurement
Sec. 341. Monitoring and enforcement of the agreement on government pro-
curement.
Sec. 342. Conforming amendments.
Sec. 343. Reciprocal competitive procurement practices.
Sec. 344. Effective date.
Subtitle F—Technical Barriers to Trade
Sec. 351. Technical barriers to trade.
Sec. 352. Effective date.
TITLE IV—AGRICULTURE-RELATED PROVISIONS
Subtitle A—Agriculture
PART I—MARKET ACCESS
Sec. 401. Section 22 amendments.
Sec. 402. Cheese and chocolate crumb imports.
Sec. 403. Meat Import Act.
Sec. 404. Administration of tariff-rate quotas.
Sec. 405. Special agricultural safeguard authority.
PART II—EXPORTS
Sec. 411. Export programs.
Sec. 412. Other conforming amendments.
PART III—OTHER PROVISIONS
Sec. 421. Authority for certain actions under Article XXVIII.
Sec. 422. Tobacco imports.
Sec. 423. Tobacco proclamation authority.
Sec. 424. Report to Congress on access to Canadian dairy and poultry markets.
Sec. 425. Study of milk marketing order system.
Sec. 426. Additional program funding.
Subtitle B—Sanitary and Phytosanitary Measures
Sec. 431. Sanitary and phytosanitary measures.
Sec. 432. International standard-setting activities.
Subtitle C—Standards
Sec. 441. The Federal Seed Act.
Subtitle D—General Effective Date
Sec. 451. General effective date.
TITLE V—INTELLECTUAL PROPERTY
Sec. 501. Definition.
Subtitle A—Copyright Provisions
Sec. 511. Rental rights in computer programs.
Sec. 512. Civil penalties for unauthorized fixation of and trafficking in sound
recordings and music videos of live musical performances.
Sec. 513. Criminal penalties for unauthorized fixation of and trafficking in
sound recordings and music videos or live musical perform-
ances.
Sec. 514. Restored works.
Subtitle B—Trademark Provisions
Sec. 521. Definition of ‘‘abandoned’’.
Sec. 522. Nonregistrability of misleading geographic indications for wines and
spirits.
Sec. 523. Effective date.
Subtitle C—Patent Provisions
Sec. 531. Treatment of inventive activity.
Sec. 532. Patent term and internal priority.
Sec. 533. Patent rights.
Sec. 534. Effective dates and application.
TITLE VI—RELATED PROVISIONS
Subtitle A—Expiring Provisions
Sec. 601. Generalized System of Preferences.
Sec. 602. U.S. insular possessions.
Subtitle B—Certain Customs Provisions
Sec. 611. Reimbursements from customs user fee account.
Sec. 612. Merchandise processing fees.
Subtitle C—Conforming Amendments
Sec. 621. Conforming amendments.
TITLE VII—REVENUE PROVISIONS
Sec. 700. Amendment of 1986 Code and table of contents.
Subtitle A—Withholding Tax Provisions
Sec. 701. Withholding on distributions of Indian casino profits to tribal mem-
bers.
Sec. 702. Voluntary withholding on certain Federal payments and on unemploy-
ment compensation.
Subtitle B—Provisions Relating to Estimated Taxes and Payments and
Deposits of Taxes
Sec. 711. Treatment of subpart F and section 936 income of taxpayers using
annualized method for estimated tax.
Sec. 712. Time for payments and deposits of certain taxes.
Sec. 713. Reduction in rate of interest paid on certain corporate overpayments.
Subtitle C—Earned Income Tax Credit
Sec. 721. Extension of earned income tax credit to military personnel stationed
outside the United States.
Sec. 722. Certain nonresident aliens ineligible for earned income tax credit.
Sec. 723. Income of prisoners disregarded in determining earned income tax
credit.
Subtitle D—Provisions Relating To Retirement Benefits
Sec. 731. Treatment of excess pension assets used for retiree health benefits.
Sec. 732. Rounding rules for cost-of-living adjustments.
Sec. 733. Increase in inclusion of social security benefits paid to nonresidents.
Subtitle E—Other Provisions
Sec. 741. Partnership distributions of marketable securities.
Sec. 742. Taxpayer identification numbers required at birth.
Sec. 743. Extension of Internal Revenue Service user fees.
Sec. 744. Modification of substantial understatement penalty for corporations
participating in tax shelters.
Sec. 745. Modification of authority to set terms and conditions for savings
bonds.
Subtitle F—Pension Plan Funding and Premiums
Sec. 750. Short title.
PART I—PENSION PLAN FUNDING
SUBPART A—AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 751. Minimum funding requirements.
Sec. 752. Limitation on changes in current liability assumptions.
Sec. 753. Anticipation of bargained benefit increases.
Sec. 754. Modification of quarterly contribution requirement.
Sec. 755. Exceptions to excise tax on nondeductible contributions.
SUBPART B—AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974
Sec. 761. Minimum funding requirements.
Sec. 762. Limitation on changes in current liability assumptions.
Sec. 763. Anticipation of bargained benefit increases.
Sec. 764. Modification of quarterly contribution requirement.
SUBPART C—OTHER FUNDING PROVISIONS
Sec. 766. Prohibition on benefit increases where plan sponsor is in bankruptcy.
Sec. 767. Single sum distributions.
Sec. 768. Adjustments to lien for missed minimum funding contributions.
Sec. 769. Special funding rules for certain plans.
PART II—AMENDMENTS RELATED TO TITLE IV OF THE EMPLOYEE
RETIREMENT INCOME SECURITY ACT OF 1974
Sec. 771. Reportable events.
Sec. 772. Certain information required to be furnished to PBGC.
Sec. 773. Enforcement of minimum funding requirements.
Sec. 774. Computation of additional PBGC premium.
Sec. 775. Disclosure to participants.
Sec. 776. Missing participants.
Sec. 777. Modification of maximum guarantee for disability benefits.
Sec. 778. Procedures to facilitate distribution of termination benefits.
PART III—EFFECTIVE DATES
Sec. 781. Effective dates.
TITLE VIII—PIONEER PREFERENCES
Sec. 801. Pioneer preferences.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) GATT 1947; GATT 1994.—
(A) GATT 1947.—The term ‘‘GATT 1947’’
means the General Agreement on Tariffs and
Trade, dated October 30, 1947, annexed to the
Final Act Adopted at the Conclusion of the Sec-
ond Session of the Preparatory Committee of
the United Nations Conference on Trade and
Employment, as subsequently rectified, amend-
ed, or modified by the terms of legal instru-
ments which have entered into force before the
date of entry into force of the WTO Agreement.
(B) GATT 1994.—The term ‘‘GATT 1994’’
means the General Agreement on Tariffs and
Trade annexed to the WTO Agreement.
(2) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States.
(3) INTERNATIONAL TRADE COMMISSION.—The
term ‘‘International Trade Commission’’ means the
United States International Trade Commission.
(4) MULTILATERAL TRADE AGREEMENT.—The
term ‘‘multilateral trade agreement’’ means an
agreement described in section 101(d) of this Act
(other than an agreement described in paragraph
(17) or (18) of such section).
(5) SCHEDULE XX.—The term ‘‘Schedule XX’’
means Schedule XX—United States of America an-
nexed to the Marrakesh Protocol to the GATT 1994.
(6) 
TRADE
REPRESENTATIVE.—The 
term
‘‘Trade Representative’’ means the United States
Trade Representative.
(7) URUGUAY ROUND AGREEMENTS.—The term
‘‘Uruguay Round Agreements’’ means the agree-
ments approved by the Congress under section
101(a)(1).
(8) WORLD TRADE ORGANIZATION AND WTO.—
The terms ‘‘World Trade Organization’’ and
‘‘WTO’’ mean the organization established pursuant
to the WTO Agreement.
(9) WTO 
AGREEMENT.—The term ‘‘WTO
Agreement’’ means the Agreement Establishing the
World Trade Organization entered into on April 15,
1994.
(10) WTO MEMBER AND WTO MEMBER COUN-
TRY.—The terms ‘‘WTO member’’ and ‘‘WTO mem-
ber country’’ mean a state, or separate customs ter-
ritory (within the meaning of Article XII of the
WTO Agreement), with respect to which the United
States applies the WTO Agreement.
TITLE 
I—APPROVAL 
OF, 
AND
GENERAL 
PROVISIONS 
RE-
LATING TO, THE URUGUAY
ROUND AGREEMENTS
Subtitle 
A—Approval 
of 
Agree-
ments and Related Provisions
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE URU-
GUAY ROUND AGREEMENTS.
(a) APPROVAL OF AGREEMENTS AND STATEMENT OF
ADMINISTRATIVE ACTION.—Pursuant to section 1103 of
the Omnibus Trade and Competitiveness Act of 1988 (19
U.S.C. 2903) and section 151 of the Trade Act of 1974
(19 U.S.C. 2191), the Congress approves—
(1) the trade agreements described in sub-
section (d) resulting from the Uruguay Round of
multilateral trade negotiations under the auspices of
the General Agreement on Tariffs and Trade, en-
tered into on April 15, 1994, and submitted to the
Congress on September 27, 1994; and
(2) the statement of administrative action pro-
posed to implement the agreements that was submit-
ted to the Congress on September 27, 1994.
(b) ENTRY INTO FORCE.—At such time as the Presi-
dent determines that a sufficient number of foreign coun-
tries are accepting the obligations of the Uruguay Round
174
duties, which are incident to bringing the sub-
ject merchandise from the original place of
shipment in the exporting country to the place
of delivery in the United States, and
‘‘(B) the amount, if included in such price,
of any export tax, duty, or other charge im-
posed by the exporting country on the expor-
tation of the subject merchandise to the United
States, other than an export tax, duty, or other
charge described in section 771(6)(C).
‘‘(d) ADDITIONAL ADJUSTMENTS TO CONSTRUCTED
EXPORT PRICE.—For purposes of this section, the price
used to establish constructed export price shall also be re-
duced by—
‘‘(1) the amount of any of the following ex-
penses generally incurred by or for the account of
the producer or exporter, or the affiliated seller in
the United States, in selling the subject merchandise
(or subject merchandise to which value has been
added)—
‘‘(A) commissions for selling the subject
merchandise in the United States;
‘‘(B) expenses that result from, and bear a
direct relationship to, the sale, such as credit
expenses, guarantees and warranties;