Agreements, in accordance with article XIV of the WTO
Agreement, to ensure the effective operation of, and ade-
quate benefits for the United States under, those Agree-
ments, the President may accept the Uruguay Round
Agreements and implement article VIII of the WTO
Agreement.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated annually such sums as
may be necessary for the payment by the United States
of its share of the expenses of the WTO.
(d) TRADE AGREEMENTS TO WHICH THIS ACT AP-
PLIES.—Subsection (a) applies to the WTO Agreement
and to the following agreements annexed to that Agree-
ment:
(1) The General Agreement on Tariffs and
Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of Sani-
tary and Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to
Trade.
(6) The Agreement on Trade-Related Invest-
ment Measures.
(7) The Agreement on Implementation of Arti-
cle VI of the General Agreement on Tariffs and
Trade 1994.
(8) The Agreement on Implementation of Arti-
cle VII of the General Agreement on Tariffs and
Trade 1994.
(9) The Agreement on Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing Pro-
cedures.
(12) The Agreement on Subsidies and Counter-
vailing Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in Serv-
ices.
(15) The Agreement on Trade-Related Aspects
of Intellectual Property Rights.
(16) The Understanding on Rules and Proce-
dures Governing the Settlement of Disputes.
(17) The Agreement on Government Procure-
ment.
(18) The International Bovine Meat Agreement.
SEC. 102. RELATIONSHIP OF THE AGREEMENTS TO UNITED
STATES LAW AND STATE LAW.
(a) RELATIONSHIP
OF AGREEMENTS
TO UNITED
STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CON-
FLICT.—No provision of any of the Uruguay Round
Agreements, nor the application of any such provi-
sion to any person or circumstance, that is inconsist-
ent with any law of the United States shall have ef-
fect.
(2) CONSTRUCTION.—Nothing in this Act shall
be construed—
(A) to amend or modify any law of the
United States, including any law relating to—
(i) the protection of human, animal,
or plant life or health,
(ii) the protection of the environment,
or
(iii) worker safety, or
(B) to limit any authority conferred under
any law of the United States, including section
301 of the Trade Act of 1974,
unless specifically provided for in this Act.
(b) RELATIONSHIP
OF AGREEMENTS
TO STATE
LAW.—
(1) FEDERAL-STATE CONSULTATION.—
(A) IN GENERAL.—Upon the enactment of
this Act, the President shall, through the inter-
governmental policy advisory committees on
trade established under section 306(c)(2)(A) of
the Trade and Tariff Act of 1984 (19 U.S.C.
2114c(2)(A)), consult with the States for the
purpose of achieving conformity of State laws
and practices with the Uruguay Round Agree-
ments.
(B) 
FEDERAL-STATE
CONSULTATION
PROCESS.—The Trade Representative shall es-
tablish within the Office of the United States
Trade Representative a Federal-State consulta-
tion process for addressing issues relating to
the Uruguay Round Agreements that directly
relate to, or will potentially have a direct effect
on, the States. The Federal-State consultation
process shall include procedures under which—
(i) the States will be informed on a
continuing basis of matters under the Uru-
guay Round Agreements that directly re-
late to, or will potentially have a direct im-
pact on, the States;
(ii) the States will be provided an op-
portunity to submit, on a continuing basis,
to the Trade Representative information
and advice with respect to matters referred
to in clause (i); and
(iii) the Trade Representative will
take into account the information and ad-
vice received from the States under clause
(ii) when formulating United States posi-
tions regarding matters referred to in
clause (i).
The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Federal-State con-
sultation process established by this paragraph.
(C) FEDERAL-STATE
COOPERATION
IN
WTO DISPUTE SETTLEMENT.—
(i) When a WTO member requests
consultations with the United States under
Article 4 of the Understanding on Rules
and Procedures Governing the Settlement
of 
Disputes 
referred 
to 
in 
section
101(d)(16) (hereafter in this subsection re-
ferred to as the ‘‘Dispute Settlement Un-
derstanding’’) concerning whether the law
of a State is inconsistent with the obliga-
tions undertaken by the United States in
any of the Uruguay Round Agreements,
the Trade Representative shall notify the
Governor of the State or the Governor’s
designee, and the chief legal officer of the
jurisdiction whose law is the subject of the
consultations, as soon as possible after the
request is received, but in no event later
than 7 days thereafter.
(ii) Not later than 30 days after re-
ceiving such a request for consultations,
the Trade Representative shall consult
with representatives of the State concerned
regarding the matter. If the consultations
involve the laws of a large number of
States, the Trade Representative may con-
sult with an appropriate group of rep-
resentatives of the States concerned, as de-
termined by those States.
(iii) The Trade Representative shall
make every effort to ensure that the State
concerned is involved in the development of
the position of the United States at each
stage of the consultations and each subse-
quent stage of dispute settlement proceed-
ings regarding the matter. In particular,
the Trade Representative shall—
(I) notify the State concerned not
later than 7 days after a WTO mem-
ber requests the establishment of a
dispute settlement panel or gives no-
tice of the WTO member’s decision to
appeal a report by a dispute settle-
ment panel regarding the matter; and
(II) provide the State concerned
with the opportunity to advise and as-
sist the Trade Representative in the
preparation of factual information and
argumentation for any written or oral
presentations by the United States in
consultations or in proceedings of a
panel or the Appellate Body regarding
the matter.
(iv) If a dispute settlement panel or
the Appellate Body finds that the law of a
State is inconsistent with any of the Uru-
guay Round Agreements, the Trade Rep-
resentative shall consult with the State
concerned in an effort to develop a mutu-
ally agreeable response to the report of the
panel or the Appellate Body and shall
make every effort to ensure that the State
concerned is involved in the development of
the United States position regarding the
response.
(D) NOTICE TO STATES REGARDING CON-
SULTATIONS
ON
FOREIGN
SUBCENTRAL
GOV-
ERNMENT LAWS.—
(i) Subject to clause (ii), the Trade
Representative shall, at least 30 days be-
fore making a request for consultations
under Article 4 of the Dispute Settlement
Understanding regarding a subcentral gov-
ernment measure of another WTO mem-
ber, notify, and solicit the views of, appro-
priate representatives of each State regard-
ing the matter.
(ii) In exigent circumstances clause (i)
shall not apply, in which case the Trade
Representative shall notify the appropriate
representatives of each State not later than
3 days after making the request for con-
sultations referred to in clause (i).
(2) LEGAL CHALLENGE.—
(A) IN GENERAL.—No State law, or the
application of such a State law, may be de-
clared invalid as to any person or circumstance
on the ground that the provision or application
is inconsistent with any of the Uruguay Round
Agreements, except in an action brought by the
United States for the purpose of declaring such
law or application invalid.
(B) PROCEDURES GOVERNING ACTION.—In
any action described in subparagraph (A) that
is brought by the United States against a State
or any subdivision thereof—
(i) a report of a dispute settlement
panel or the Appellate Body convened
under the Dispute Settlement Understand-
ing regarding the State law, or the law of
any political subdivision thereof, shall not
be considered as binding or otherwise ac-
corded deference;
(ii) the United States shall have the
burden of proving that the law that is the
subject of the action, or the application of
that law, is inconsistent with the agree-
ment in question;
(iii) any State whose interests may be
impaired or impeded in the action shall
have the unconditional right to intervene in
the action as a party, and the United
States shall be entitled to amend its com-
plaint to include a claim or cross-claim
concerning the law of a State that so inter-
venes; and
(iv) any State law that is declared in-
valid shall not be deemed to have been in-
valid in its application during any period
before the court’s judgment becomes final
and all timely appeals, including discre-
tionary review, of such judgment are ex-
hausted.
(C) REPORTS TO CONGRESSIONAL COMMIT-
TEES.—At least 30 days before the United
States brings an action described in subpara-
graph (A), the Trade Representative shall pro-
vide a report to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate—
(i) describing the proposed action;
(ii) describing efforts by the Trade
Representative to resolve the matter with
the State concerned by other means; and
(iii) if the State law was the subject
of consultations under the Dispute Settle-
ment Understanding, certifying that the
Trade Representative has substantially
complied with the requirements of para-
graph (1)(C) in connection with the mat-
ter.
Following the submission of the report, and before
the action is brought, the Trade Representative shall
consult with the committees referred to in the pre-
ceding sentence concerning the matter.
(3) DEFINITION OF STATE LAW.—For purposes
of this subsection—
(A) the term ‘‘State law’’ includes—
(i) any law of a political subdivision of
a State; and
(ii) any State law regulating or taxing
the business of insurance; and
(B) the terms ‘‘dispute settlement panel’’
and ‘‘Appellate Body’’ have the meanings given
those terms in section 121.
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRI-
VATE REMEDIES.—
(1) LIMITATIONS.—No person other than the
United States—
(A) shall have any cause of action or de-
fense under any of the Uruguay Round Agree-
ments or by virtue of congressional approval of
such an agreement, or
(B) may challenge, in any action brought
under any provision of law, any action or inac-
tion by any department, agency, or other in-
strumentality of the United States, any State,
or any political subdivision of a State on the
ground that such action or inaction is inconsist-
ent with such agreement.
(2) INTENT OF CONGRESS.—It is the intention
of the Congress through paragraph (1) to occupy the
field with respect to any cause of action or defense
under or in connection with any of the Uruguay
Round Agreements, including by precluding any per-
son other than the United States from bringing any
action against any State or political subdivision
thereof or raising any defense to the application of
State law under or in connection with any of the
Uruguay Round Agreements—
(A) on the basis of a judgment obtained by
the United States in an action brought under
any such agreement; or
(B) on any other basis.
(d) STATEMENT OF ADMINISTRATIVE ACTION.—The
statement of administrative action approved by the Con-
gress under section 101(a) shall be regarded as an author-
itative expression by the United States concerning the in-
terpretation and application of the Uruguay Round Agree-
ments and this Act in any judicial proceeding in which
a question arises concerning such interpretation or appli-
cation.
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF
ENTRY INTO FORCE; REGULATIONS.
(a) IMPLEMENTING ACTIONS.—After the date of the
enactment of this Act—
(1) the President may proclaim such actions,
and
(2) other appropriate officers of the United
States Government may issue such regulations,
as may be necessary to ensure that any provision of this
Act, or amendment made by this Act, that takes effect
on the date any of the Uruguay Round Agreements enters
into force with respect to the United States is appro-
priately implemented on such date. Such proclamation or
regulation may not have an effective date earlier than the
date of entry into force with respect to the United States
of the agreement to which the proclamation or regulation
relates.
(b) REGULATIONS.—Any interim regulation nec-
essary or appropriate to carry out any action proposed in
the statement of administrative action approved under sec-
tion 101(a) to implement an agreement described in sec-
tion 101(d) (7), (12), or (13) shall be issued not later than
1 year after the date on which the agreement enters into
force with respect to the United States.
Subtitle B—Tariff Modifications
SEC. 111. TARIFF MODIFICATIONS.
(a) IN GENERAL.—In addition to the authority pro-
vided by section 1102 of the Omnibus Trade and Competi-
tiveness Act of 1988 (19 U.S.C. 2902), the President shall
have the authority to proclaim—
(1) such other modification of any duty,
(2) such other staged rate reduction, or
(3) such additional duties,
as the President determines to be necessary or appropriate
to carry out Schedule XX.
(b) OTHER TARIFF MODIFICATIONS.—Subject to the
consultation and layover requirements of section 115, the
President may proclaim—
(1) the modification of any duty or staged rate
reduction of any duty set forth in Schedule XX if—
(A) the United States agrees to such modi-
fication or staged rate reduction in a multilat-
eral negotiation under the auspices of the
WTO, and
(B) such modification or staged rate reduc-
tion applies to the rate of duty on an article
contained in a tariff category that was the sub-
ject of reciprocal duty elimination or harmoni-
zation negotiations during the Uruguay Round
of multilateral trade negotiations, and
(2) such modifications as are necessary to cor-
rect technical errors in Schedule XX or to make
other rectifications to the Schedule.
(c) AUTHORITY TO INCREASE DUTIES ON ARTICLES
FROM CERTAIN COUNTRIES.—
(1) IN GENERAL.—
(A) DETERMINATION
WITH
RESPECT
TO
CERTAIN COUNTRIES.—Notwithstanding section
251 of the Trade Expansion Act of 1962 (19
U.S.C. 1881), after the entry into force of the
WTO Agreement with respect to the United
States, if the President—
(i) determines that a foreign country
(other than a foreign country that is a
WTO member country) is not according
adequate trade benefits to the United
States, including substantially equal com-
petitive opportunities for the commerce of
the United States, and
(ii) consults with the Committee on
Ways and Means of the House of Rep-
resentatives and the Committee on Finance
of the Senate,
the President may proclaim an increase in the
rate of duty with respect to any article of such
country in accordance with subparagraph (B).
(B) RATE
OF
DUTY
DESCRIBED.—The
President may proclaim a rate of duty on any
article of a country identified under subpara-
graph (A) that is equal to the greater of—
(i) the rate of duty set forth for such
article in the base rate of duty column of
Schedule XX, or
(ii) the rate of duty set forth for such
article in the bound rate of duty column of
Schedule XX.
(2) TERMINATION
OF
INCREASED
DUTIES.—
The President shall terminate any increase in the
rate of duty proclaimed under this subsection by a
proclamation which shall be effective on the earlier
of—
(A) the date set out in such proclamation
of termination, or
(B) the date the WTO Agreement enters
into force with respect to the foreign country
with respect to which the determination under
paragraph (1) was made.
(3) PUBLICATION
OF
DETERMINATION
AND
TERMINATION.—The President shall publish in the
Federal Register notice of a determination made
under paragraph (1) and a termination occurring by
reason of paragraph (2).
(d) ADJUSTMENTS TO CERTAIN COLUMN 2 RATES OF
DUTY.—At such time as the President proclaims any
modification to the HTS to implement the provisions of
Schedule XX, the President shall also proclaim the rate
of duty set forth in Column B as the column 2 rate of
duty for the subheading of the HTS that corresponds to
the subheading in Schedule XX listed in Column A.
Column A
Column B
Schedule XX subheading:
Rate of duty for column 2
of the HTS:
0201.10.50 .......................................................
31.1%
0201.20.80 .......................................................
31.1%
0201.30.80 .......................................................
31.1%
0202.10.50 .......................................................
31.1%
0202.20.80 .......................................................
31.1%
0202.30.80 .......................................................
31.1%
0401.30.25 .......................................................
90.8¢/liter
0401.30.75 .......................................................
$1.936/kg
0402.10.50 .......................................................
$1.018/kg
0402.21.25 .......................................................
$1.018/kg
0402.21.50 .......................................................
$1.285/kg
0402.21.90 .......................................................
$1.831/kg
0402.29.50 .......................................................
$1.299/kg + 17.5%
0402.91.60 .......................................................
36.8¢/kg
0402.99.50 .......................................................
58.4¢/kg
0402.99.90 .......................................................
54.5¢/kg + 17.5%
0403.10.50 .......................................................
$1.217/kg + 20%
0403.90.16 .......................................................
90.8¢/liter
0403.90.45 .......................................................
$1.03/kg
0403.90.55 .......................................................
$1.285/kg
0403.90.65 .......................................................
$1.831/kg
0403.90.78 .......................................................
$1.936/kg
0403.90.95 .......................................................
$1.217/kg + 20%
0404.10.11 .......................................................
20%
0404.10.15 .......................................................
$1.217/kg + 10%
0404.10.90 .......................................................
$1.03/kg
0404.90.30 .......................................................
25%
0404.90.50 .......................................................
$1.399/kg + 10%
0405.00.40 .......................................................
$1.813/kg
0405.00.90 .......................................................
$2.194/kg + 10%
0406.10.08 .......................................................
$1.775/kg
0406.10.18 .......................................................
$2.67/kg
0406.10.28 .......................................................
$1.443/kg
0406.10.38 .......................................................
$1.241/kg
0406.10.48 .......................................................
$2.121/kg
0406.10.58 .......................................................
$2.525/kg
0406.10.68 .......................................................
$1.631/kg
0406.10.78 .......................................................
$1.328/kg
0406.10.88 .......................................................
$1.775/kg
0406.20.28 .......................................................
$2.67/kg
0406.20.33 .......................................................
$1.443/kg
0406.20.39 .......................................................
$1.241/kg
0406.20.48 .......................................................
$2.121/kg
0406.20.53 .......................................................
$2.525/kg
0406.20.63 .......................................................
$2.67/kg
0406.20.67 .......................................................
$1.443/kg
0406.20.71 .......................................................
$1.241/kg
0406.20.75 .......................................................
$2.121/kg
0406.20.79 .......................................................
$2.525/kg
0406.20.83 .......................................................
$1.631/kg
0406.20.87 .......................................................
$1.328/kg
0406.20.91 .......................................................
$1.775/kg
0406.30.18 .......................................................
$2.67/kg
0406.30.28 .......................................................
$1.443/kg
0406.30.38 .......................................................
$1.241/kg
0406.30.48 .......................................................
$2.121/kg
0406.30.53 .......................................................
$1.631/kg
0406.30.63 .......................................................
$2.67/kg
0406.30.67 .......................................................
$1.443/kg
0406.30.71 .......................................................
$1.241/kg
0406.30.75 .......................................................
$2.121/kg
0406.30.79 .......................................................
$2.525/kg
0406.30.83 .......................................................
$1.631/kg
0406.30.87 .......................................................
$1.328/kg
0406.30.91 .......................................................
$1.775/kg
0406.40.70 .......................................................
$2.67/kg
0406.90.12 .......................................................
$1.443/kg
0406.90.18 .......................................................
$2.121/kg
0406.90.33 .......................................................
$2.525/kg
0406.90.38 .......................................................
$2.525/kg
0406.90.43 .......................................................
$2.525/kg
0406.90.48 .......................................................
$2.208/kg
0406.90.64 .......................................................
$1.241/kg
0406.90.68 .......................................................
$2.525/kg
0406.90.74 .......................................................
$2.67/kg
0406.90.78 .......................................................
$1.443/kg
0406.90.84 .......................................................
$1.241/kg
0406.90.88 .......................................................
$2.121/kg
0406.90.92 .......................................................
$1.631/kg
0406.90.94 .......................................................
$1.328/kg
0406.90.97 .......................................................
$1.775/kg
1202.10.80 .......................................................
192.7%
1202.20.80 .......................................................
155%
1517.90.60 .......................................................
40.2¢/kg
1701.11.50 .......................................................
39.85¢/kg
1701.12.10 .......................................................
6.58170¢/kg less 0.0622005¢/
kg for each degree under 100
degrees (and fractions of a de-
gree in proportion) but not less
than 5.031562¢/kg
1701.12.50 .......................................................
42.05¢/kg
1701.91.10 .......................................................
6.58170¢/kg less 0.0622005¢/
kg for each degree under 100
degrees (and fractions of a de-
gree in proportion) but not less
than 5.031562¢/kg
1701.91.30 .......................................................
42.05¢/kg
1701.91.48 .......................................................
39.9¢/kg + 6%
1701.91.58 .......................................................
39.9¢/kg + 6%
1701.99.10 .......................................................
6.58170¢/kg less 0.0622005¢/
kg for each degree under 100
degrees (and fractions of a de-
gree in proportion) but not less
than 5.031562¢/kg
1701.99.50 .......................................................
42.05¢/kg
1702.20.28 .......................................................
19.9¢/kg of total sugars + 6%
1702.30.28 .......................................................
19.9¢/kg of total sugars + 6%
1702.40.28 .......................................................
39.9¢/kg of total sugars + 6%
1702.60.28 .......................................................
39.9¢/kg of total sugars + 6%
1702.90.10 .......................................................
6.58170¢/kg of total sugars
1702.90.20 .......................................................
42.05¢/kg
1702.90.58 .......................................................
39.9¢/kg of total sugars + 6%
1702.90.68 .......................................................
39.9¢/kg + 6%
1704.90.58 .......................................................
47.4¢/kg + 12.2%
1704.90.68 .......................................................
47.4¢/kg + 12.2%
1704.90.78 .......................................................
47.4¢/kg + 12.2%
1806.10.15 .......................................................
25.5¢/kg
1806.10.28 .......................................................
39.5¢/kg
1806.10.38 .......................................................
39.5¢/kg
1806.10.55 .......................................................
39.5¢/kg
1806.10.75 .......................................................
39.5¢/kg
1806.20.26 .......................................................
43.8¢/kg + 5%
1806.20.28 .......................................................
62.1¢/kg + 5%
1806.20.36 .......................................................
43.8¢/kg + 5%
1806.20.38 .......................................................
62.1¢/kg + 5%
1806.20.73 .......................................................
35.9¢/kg + 10%
1806.20.77 .......................................................
35.9¢/kg + 10%
1806.20.82 .......................................................
43.8¢/kg + 10%
1806.20.83 .......................................................
62.1¢/kg + 10%
1806.20.87 .......................................................
43.8¢/kg + 10%
1806.20.89 .......................................................
62.1¢/kg + 10%
1806.20.92 .......................................................
43.8¢/kg + 10%
1806.20.93 .......................................................
62.1¢/kg + 10%
1806.20.96 .......................................................
43.8¢/kg + 10%
1806.20.97 .......................................................
62.1¢/kg + 10%
1806.32.06 .......................................................
43.8¢/kg + 5%
1806.32.08 .......................................................
62.1¢/kg + 5%
1806.32.16 .......................................................
43.8¢/kg + 5%
1806.32.18 .......................................................
62.1¢/kg + 5%
1806.32.70 .......................................................
43.8¢/kg + 7%
1806.32.80 .......................................................
62.1¢/kg + 7%
1806.90.08 .......................................................
43.8¢/kg + 7%
1806.90.10 .......................................................
62.1¢/kg + 7%
1806.90.18 .......................................................
43.8¢/kg + 7%
1806.90.20 .......................................................
62.1¢/kg + 7%
1806.90.28 .......................................................
43.8¢/kg + 7%
1806.90.30 .......................................................
62.1¢/kg + 7%
1806.90.38 .......................................................
43.8¢/kg + 7%
1806.90.40 .......................................................
62.1¢/kg + 7%
1806.90.48 .......................................................
43.8¢/kg + 7%
1806.90.50 .......................................................
62.1¢/kg + 7%
1806.90.58 .......................................................
43.8¢/kg + 7%
1806.90.60 .......................................................
62.1¢/kg + 7%
1901.10.30 .......................................................
$1.217/kg + 17.5%
1901.10.40 .......................................................
$1.217/kg + 17.5%
1901.10.75 .......................................................
$1.217/kg + 17.5%
1901.10.85 .......................................................
$1.217/kg + 17.5%
1901.20.15 .......................................................
49.8¢/kg + 10%
1901.20.25 .......................................................
49.8¢/kg + 10%
1901.20.35 .......................................................
49.8¢/kg + 10%
1901.20.50 .......................................................
49.8¢/kg + 10%
1901.20.60 .......................................................
49.8¢/kg + 10%
1901.20.70 .......................................................
49.8¢/kg + 10%
1901.90.36 .......................................................
$1.328/kg
1901.90.42 .......................................................
25%
1901.90.44 .......................................................
$1.217/kg + 16%
1901.90.46 .......................................................
25%
1901.90.48 .......................................................
$1.217/kg + 16%
1901.90.54 .......................................................
27.9¢/kg + 10%
1901.90.58 .......................................................
27.9¢/kg + 10%
2008.11.15 .......................................................
155%
2008.11.35 .......................................................
155%
2008.11.60 .......................................................
155%
2101.10.38 .......................................................
35.9¢/kg + 10%
2101.10.48 .......................................................
35.9¢/kg + 10%
2101.10.58 .......................................................
35.9¢/kg + 10%
2101.20.38 .......................................................
35.9¢/kg + 10%
2101.20.48 .......................................................
35.9¢/kg + 10%
2101.20.58 .......................................................
35.9¢/kg + 10%
2103.90.78 .......................................................
35.9¢/kg + 7.5%
2105.00.20 .......................................................
59¢/kg + 20%
2105.00.40 .......................................................
59¢/kg + 20%
2106.90.02 .......................................................
$1.014/kg
2106.90.04 .......................................................
$2.348/kg
2106.90.08 .......................................................
$2.348/kg
2106.90.11 .......................................................
6.58170¢/kg of total sugars
2106.90.12 .......................................................
42.05¢/kg
2106.90.34 .......................................................
82.8¢/kg + 10%
2106.90.38 .......................................................
82.8¢/kg + 10%
2106.90.44 .......................................................
82.8¢/kg + 10%
2106.90.48 .......................................................
82.8¢/kg + 10%
2106.90.57 .......................................................
33.9¢/kg + 10%
2106.90.67 .......................................................
33.9¢/kg + 10%
2106.90.77 .......................................................
33.9¢/kg + 10%
2106.90.87 .......................................................
33.9¢/kg + 10%
2202.90.28 .......................................................
27.6¢/liter + 17.5%
2309.90.28 .......................................................
94.6¢/kg + 7.5%
2309.90.48 .......................................................
94.6¢/kg + 7.5%
2401.10.70 .......................................................
85¢/kg
2401.10.90 .......................................................
85¢/kg
2401.20.30 .......................................................
$1.21/kg
2401.20.45 .......................................................
$1.15/kg
2401.20.55 .......................................................
$1.15/kg
2801.30.20 .......................................................
37%
2805.30.00 .......................................................
31.3%
2805.40.00 .......................................................
5.7%
2811.19.10 .......................................................
4.9%
2818.10.20 .......................................................
4.1%
2822.00.00 .......................................................
1.7%
2827.39.20 .......................................................
31.9%
2833.11.50 .......................................................
3.6%
2833.27.00 .......................................................
4.2%
2836.40.20 .......................................................
4.8%
2836.60.00 .......................................................
8.4%
2837.20.10 .......................................................
5.1%
2840.11.00 .......................................................
1.2%
2840.19.00 .......................................................
0.4%
2849.20.20 .......................................................
1.6%
2903.15.00 .......................................................
88%
2903.16.00 .......................................................
33.3%
2903.30.05 .......................................................
46.3%
2906.11.00 .......................................................
6.2%
2907.12.00 .......................................................
48.3%
2909.11.00 .......................................................
4%
2912.11.00 .......................................................
12.1%
2916.15.10 .......................................................
35.2%
2916.19.30 .......................................................
24.4%
2923.20.20 .......................................................
33.4%
3213.90.00 .......................................................
48.6%
3307.10.20 .......................................................
81.7%
3307.49.00 .......................................................
73.2%
3403.11.20 .......................................................
0.4%
3403.19.10 .......................................................
0.4%
3506.10.10 .......................................................
30.4%
3603.00.30 .......................................................
8.3%
3603.00.90 .......................................................
0.3%
3604.10.00 .......................................................
12.5%
3606.90.30 .......................................................
56.7%
3706.10.30 .......................................................
7%
3807.00.00 .......................................................
0.2%
3823.90.33 .......................................................
26.3%
3904.61.00 .......................................................
34.1%
3916.90.10 .......................................................
40.6%
3920.51.50 .......................................................
48.2%
3920.59.80 .......................................................
51.7%
3926.90.65 .......................................................
8.4%
5201.00.18 .......................................................
36.9¢/kg
5201.00.28 .......................................................
36.9¢/kg
5201.00.38 .......................................................
36.9¢/kg
5201.00.80 .......................................................
36.9¢/kg
5202.99.30 .......................................................
9.2¢/kg
5203.00.30 .......................................................
36.9¢/kg
(e) AUTHORITY TO CONSOLIDATE SUBHEADINGS
AND MODIFY COLUMN 2 RATES OF DUTY FOR TARIFF
SIMPLIFICATION PURPOSES.—
(1) IN GENERAL.—Whenever the HTS column
1 general rates of duty for 2 or more 8-digit sub-
headings are at the same level and such subheadings
are subordinate to a provision required by the Inter-
national Convention on the Harmonized Commodity
Description and Coding System, the President may
proclaim, subject to the consultation and layover re-
quirements of section 115, that the goods described
in such subheadings be provided for in a single 8-
digit subheading of the HTS, and that—
(A) the HTS column 1 general rate of
duty for such single subheading be the column
1 general rate of duty common to all such sub-
headings, and
(B) the HTS column 2 rate of duty for
such single subheading be the highest column 2
rate of duty for such subheadings that is in ef-
fect on the day before the effective date of such
proclamation.
(2) SAME LEVEL OF DUTY.—The provisions of
this subsection apply to subheadings described in
paragraph (1) that have the same column 1 general
rate of duty—
(A) on the date of the enactment of this
Act, or
(B) after such date of enactment as a re-
sult of a staged reduction in such column 1
rates of duty.
SEC. 112. IMPLEMENTATION OF SCHEDULE XX PROVISIONS
ON SHIP REPAIRS.
(a) IN GENERAL.—Section 484E(b) of the Customs
and Trade Act of 1990 (19 U.S.C. 1466 note; 104 Stat.
710) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘, and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(3) any entry made pursuant to section 466(h)
(1) or (2) of the Tariff Act of 1930 (19 U.S.C.
1466(h) (1) or (2)), on or after the date of the entry
into force of the WTO Agreement with respect to
the United States.’’.
(b) EXEMPTION FOR CERTAIN SPARE PARTS.—Sec-
tion 466(h) of the Tariff Act of 1930 (19 U.S.C. 1466(h))
is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘, or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(3) the cost of spare parts necessarily installed
before the first entry into the United States, but
only if duty is paid under appropriate commodity
classifications of the Harmonized Tariff Schedule of
the United States upon first entry into the United
States of each such spare part purchased in, or im-
ported from, a foreign country.’’.
SEC. 113. LIQUIDATION OR RELIQUIDATION AND REFUND
OF DUTY PAID ON CERTAIN ENTRIES.
(a) LIQUIDATION
OR
RELIQUIDATION.—Notwith-
standing section 514 of the Tariff Act of 1930 (19 U.S.C.
1514) or any other provision of law, and subject to sub-
section (b), the Secretary of the Treasury shall liquidate
or reliquidate the entries listed or otherwise described in
subsection (c) and refund any duty or excess duty that
was paid, as provided in subsection (c).
(b) REQUESTS.—Liquidation or reliquidation may be
made under subsection (a) with respect to an entry only
if a request therefor is filed with the Customs Service,
within 180 days after the date on which the WTO Agree-
ment enters into force with respect to the United States,
that contains sufficient information to enable the Customs
Service—
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be lo-
cated.
(c) ENTRIES.—The entries referred to in subsection
(a) are as follows:
(1) 
AGGLOMERATED
STONE
TILES.—Any
goods—
(A) for which the importer claimed or
would have claimed entry under subheading
6810.19.12 of the HTS on or after October 1,
1990, and before the effective date of a procla-
mation issued by the President under section
103(a) of this Act with respect to items under
such subheading in order to carry out Schedule
XX, or
(B) entered on or after January 1, 1989,
and before October 1, 1990, for which entry
would have been claimed under subheading
6810.19.12 of the HTS on or after October 1,
1990,
shall be liquidated or reliquidated as if the wording
of that subheading were ‘‘Of stone agglomerated
with binders other than cement’’, and the Secretary
of the Treasury shall refund any excess duties paid
with respect to such entries.
(2) CLOMIPHENE CITRATE.—
(A) Any entry, or withdrawal from ware-
house for consumption, of goods under heading
9902.29.95 of the HTS (relating to clomiphene
citrate) which was made after December 31,
1988, and before January 1, 1993, and with re-
spect to which there would have been no duty
if the reference to subheading ‘‘2922.19.15’’ in
such heading were a reference to subheading
‘‘2922.19.15 or any subheading of chapter 30’’
at the time of such entry or withdrawal, shall
be liquidated or reliquidated as free of duty.
(B) The Secretary of the Treasury shall
refund any duties paid with respect to entries
described in subparagraph (A).
SEC. 114. MODIFICATIONS TO THE HTS.
(a) WOOL.—
(1) AMENDMENTS.—Chapter 51 of the HTS is
amended—
(A) by striking subheading 5101.21.60 and
inserting the following new superior text and
subheadings, with the superior text having the
same degree of indentation as the article de-
scription in subheading 5101.11.60:
‘‘
Other:
5101.21.65
Unimproved wool; other wool,
not finer than 46s ....................
Free
81.6¢/
kg+20%
5101.21.70
Other ........................................
7.7¢/
kg+6.25%
Free (MX)
0.8¢/kg+0.6%
(IL) 3¢/
kg+2.5% (CA)
81.6¢/
kg+20%
’’;
(B) by striking subheading 5101.29.60 and
inserting the following new superior text and
subheadings, with the superior text having the
same degree of indentation as the article de-
scription in subheading 5102.10.20:
‘‘
Other:
5101.29.65
Unimproved wool; other wool,
not finer than 46s ..................
Free
81.6¢/
kg+20%
5101.29.70
Other ......................................
7.7¢/
kg+6.25%
0.8¢/kg+0.6%
(IL) 3¢/
kg+2.5% (CA)
6.1¢/kg+5%
(MX)
81.6¢/
kg+20%
’’;
and
(C) by striking subheading 5101.30.60 and
inserting the following new superior text and
subheadings, with the superior text having the
same degree of indentation as the superior text
immediately preceding subheading 5102.10.20:
‘‘
Other:
5101.30.65
Unimproved wool; other wool,
not finer than 46s ....................
Free
81.6¢/
kg+20%
5101.30.70
Other ........................................
7.7¢/
kg+6.25%
Free (MX)
0.8¢/kg+0.6%
(IL) 3¢/
kg+2.5% (CA)
81.6¢/
kg+20%
’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection take effect on the effective date
of the proclamation issued by the President under
section 103(a) to carry out Schedule XX.
(b) DUTY
FREE
TREATMENT
FOR
OCTADECYL
ISOCYANATE
AND
5-CHLORO-2-(2,4-DICHLORO-
PHENOXY)PHENOL.—The President—
(1) shall proclaim duty-free entry for octadecyl
isocyanate 
and 
5-Chloro-2-(2,4-dichloro-
phenoxy)phenol, to be effective on the effective date
of the proclamation issued by the President under
section 103(a) to carry out Schedule XX, and
(2) shall take such actions as are necessary to
reflect such tariff treatment in Schedule XX.
SEC. 115. CONSULTATION AND LAYOVER REQUIREMENTS
FOR, AND EFFECTIVE DATE OF, PROCLAIMED
ACTIONS.
If a provision of this Act provides that the implemen-
tation of an action by the President by proclamation is
subject to the consultation and layover requirements of
this section, such action may be proclaimed only if—
(1) the President has obtained advice regarding
the proposed action from—
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155), and
(B) the International Trade Commission;
(2) the President has submitted a report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate that sets forth—
(A) the action proposed to be proclaimed
and the reasons for such actions, and
(B) the advice obtained under paragraph
(1);
(3) a period of 60 calendar days, beginning
with the first day on which the President has met
the requirements of paragraphs (1) and (2) with re-
spect to such action, has expired; and
(4) the President has consulted with such com-
mittees regarding the proposed action during the pe-
riod referred to in paragraph (3).
SEC. 116. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section
114(a) and subsection (b) of this section, this subtitle and
the amendments made by this subtitle take effect on the
date on which the WTO Agreement enters into force with
respect to the United States.
(b) SECTION 115.—Section 115 takes effect on the
date of the enactment of this Act.
Subtitle C—Uruguay Round Imple-
mentation and Dispute Settle-
ment
SEC. 121. DEFINITIONS.
For purposes of this subtitle:
(1) ADMINISTERING
AUTHORITY.—The term
‘‘administering authority’’ has the meaning given
that term in section 771(1) of the Tariff Act of
1930.
(2) APPELLATE
BODY.—The term ‘‘Appellate
Body’’ means the Appellate Body established under
Article 17.1 of the Dispute Settlement Understand-
ing.
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES; CONGRESSIONAL COMMITTEES.—
(A) APPROPRIATE
CONGRESSIONAL
COM-
MITTEES.—The term ‘‘appropriate congres-
sional committees’’ means the committees re-
ferred to in subparagraph (B) and any other
committees of the Congress that have jurisdic-
tion involving the matter with respect to which
consultations are to be held.
(B) CONGRESSIONAL
COMMITTEES.—The
term ‘‘congressional committees’’ means the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance
of the Senate.
(4) DISPUTE
SETTLEMENT
PANEL; PANEL.—
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’
mean a panel established pursuant to Article 6 of
the Dispute Settlement Understanding.
(5) DISPUTE
SETTLEMENT
BODY.—The term
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body administering the rules and proce-
dures set forth in the Dispute Settlement Under-
standing.
(6) DISPUTE SETTLEMENT UNDERSTANDING.—
The term ‘‘Dispute Settlement Understanding’’
means the Understanding on Rules and Procedures
Governing the Settlement of Disputes referred to in
section 101(d)(16).
(7) GENERAL
COUNCIL.—The term ‘‘General
Council’’ means the General Council established
under paragraph 2 of Article IV of the WTO Agree-
ment.
(8) MINISTERIAL
CONFERENCE.—The term
‘‘Ministerial Conference’’ means the Ministerial Con-
ference established under paragraph 1 of Article IV
of the WTO Agreement.
(9) OTHER TERMS.—The terms ‘‘Antidumping
Agreement’’, ‘‘Agreement on Subsidies and Counter-
vailing Measures’’, and ‘‘Safeguards Agreement’’
mean the agreements referred to in section
101(d)(7), (12), and (13), respectively.
SEC. 122. IMPLEMENTATION OF URUGUAY ROUND AGREE-
MENTS.
(a) DECISIONMAKING.—In the implementation of the
Uruguay Round Agreements and the functioning of the
World Trade Organization, it is the objective of the United
States to ensure that the Ministerial Conference and the
General Council continue the practice of decisionmaking
by consensus followed under the GATT 1947, as required
by paragraph 1 of article IX of the WTO Agreement.
(b) CONSULTATIONS WITH CONGRESSIONAL COM-
MITTEES.—In furtherance of the objective set forth in
subsection (a), the Trade Representative shall consult with
the appropriate congressional committees before any vote
is taken by the Ministerial Conference or the General
Council relating to—
(1) the adoption of an interpretation of the
WTO Agreement or another multilateral trade
agreement,
(2) the amendment of any such agreement,
(3) the granting of a waiver of any obligation
under any such agreement,
(4) the adoption of any amendment to the rules
or procedures of the Ministerial Conference or the
General Council,
(5) the accession of a state or separate customs
territory to the WTO Agreement, or
(6) the adoption of any other decision,
if the action described in paragraph (1), (2), (3), (4), (5),
or (6) would substantially affect the rights or obligations
of the United States under the WTO Agreement or an-
other multilateral trade agreement or potentially entails
a change in Federal or State law.
(c) REPORT ON DECISIONS.—
(1) IN GENERAL.—Not later than 30 days after
the end of any calendar year in which the Ministerial
Conference or the General Council adopts by vote
any decision to take any action described in para-
graph (1), (2), (4), or (6) of subsection (b), the
Trade Representative shall submit a report to the
appropriate congressional committees describing—
(A) the nature of the decision;
(B) the efforts made by the United States
to have the matter decided by consensus pursu-
ant to paragraph 1 of article IX of the WTO
Agreement, and the results of those efforts;
(C) which countries voted for, and which
countries voted against, the decision;
(D) the rights or obligations of the United
States affected by the decision and any Federal
or State law that would be amended or re-
pealed, if the President after consultation with
the Congress determined that such amendment
or repeal was an appropriate response; and
(E) the action the President intends to
take in response to the decision or, if the Presi-
dent does not intend to take any action, the
reasons therefor.
(2) ADDITIONAL REPORTING REQUIREMENTS.—
(A) GRANT OF WAIVER.—In the case of a
decision to grant a waiver described in sub-
section (b)(3), the report under paragraph (1)
shall describe the terms and conditions of the
waiver and the rights and obligations of the
United States that are affected by the waiver.
(B) ACCESSION.—In the case of a decision
on accession described in subsection (b)(5), the
report under paragraph (1) shall state whether
the United States intends to invoke Article XIII
of the WTO Agreement.
(d) CONSULTATION ON REPORT.—Promptly after the
submission of a report under subsection (c), the Trade
Representative shall consult with the appropriate congres-
sional committees with respect to the report.
SEC. 123. DISPUTE SETTLEMENT PANELS AND PROCE-
DURES.
(a) REVIEW BY PRESIDENT.—The President shall re-
view annually the WTO panel roster and shall include the
panel roster and the list of persons serving on the Appel-
late Body in the annual report submitted by the President
under section 163(a) of the Trade Act of 1974.
(b) QUALIFICATIONS OF APPOINTEES TO PANELS.—
The Trade Representative shall—
(1) seek to ensure that persons appointed to the
WTO panel roster are well-qualified, and that the
roster includes persons with expertise in the subject
areas covered by the Uruguay Round Agreements;
and
(2) inform the President of persons nominated
to the roster by other WTO member countries.
(c) RULES GOVERNING CONFLICTS OF INTEREST.—
The Trade Representative shall seek the establishment by
the General Council and the Dispute Settlement Body of
rules governing conflicts of interest by persons serving on
panels and members of the Appellate Body and shall de-
scribe, in the annual report submitted under section 124,
any progress made in establishing such rules.
(d) NOTIFICATION OF DISPUTES.—Promptly after a
dispute settlement panel is established to consider the con-
sistency of Federal or State law with any of the Uruguay
Round Agreements, the Trade Representative shall notify
the appropriate congressional committees of—
(1) the nature of the dispute, including the
matters set forth in the request for the establish-
ment of the panel, the legal basis of the complaint,
and the specific measures, in particular any State or
Federal law cited in the request for establishment of
the panel;
(2) the identity of the persons serving on the
panel; and
(3) whether there was any departure from the
rule of consensus with respect to the selection of
persons to serve on the panel.
(e) NOTICE OF APPEALS OF PANEL REPORTS.—If an
appeal is taken of a report of a panel in a proceeding de-
scribed in subsection (d), the Trade Representative shall,
promptly after the notice of appeal is filed, notify the ap-
propriate congressional committees of—
(1) the issues under appeal; and
(2) the identity of the persons serving on the
Appellate Body who are reviewing the report of the
panel.
(f) ACTIONS UPON CIRCULATION OF REPORTS.—
Promptly after the circulation of a report of a panel or
of the Appellate Body to WTO members in a proceeding
described in subsection (d), the Trade Representative
shall—
(1) notify the appropriate congressional com-
mittees of the report;
(2) in the case of a report of a panel, consult
with the appropriate congressional committees con-
cerning the nature of any appeal that may be taken
of the report; and
(3) if the report is adverse to the United
States, consult with the appropriate congressional
committees concerning whether to implement the re-
port’s recommendation and, if so, the manner of
such implementation and the period of time needed
for such implementation.
(g) REQUIREMENTS FOR AGENCY ACTION.—
(1) CHANGES
IN
AGENCY
REGULATIONS
OR
PRACTICE.—In any case in which a dispute settle-
ment panel or the Appellate Body finds in its report
that a regulation or practice of a department or
agency of the United States is inconsistent with any
of the Uruguay Round Agreements, that regulation
or practice may not be amended, rescinded, or other-
wise modified in the implementation of such report
unless and until—
(A) the appropriate congressional commit-
tees have been consulted under subsection (f);
(B) the Trade Representative has sought
advice regarding the modification from relevant
private sector advisory committees established
under section 135 of the Trade Act of 1974 (19
U.S.C. 2155);
(C) the head of the relevant department or
agency has provided an opportunity for public
comment by publishing in the Federal Register
the proposed modification and the explanation
for the modification;
(D) the Trade Representative has submit-
ted to the appropriate congressional committees
a report describing the proposed modification,
the reasons for the modification, and a sum-
mary of the advice obtained under subpara-
graph (B) with respect to the modification;
(E) the Trade Representative and the head
of the relevant department or agency have con-
sulted with the appropriate congressional com-
mittees on the proposed contents of the final
rule or other modification; and
(F) the final rule or other modification has
been published in the Federal Register.
(2) EFFECTIVE
DATE
OF
MODIFICATION.—A
final rule or other modification to which paragraph
(1) applies may not go into effect before the end of
the 60-day period beginning on the date on which
consultations under paragraph (1)(E) begin, unless
the President determines that an earlier effective
date is in the national interest.
(3) VOTE BY CONGRESSIONAL COMMITTEES.—
During the 60-day period described in paragraph
(2), the Committee on Ways and Means of the
House of Representatives and the Committee on Fi-
nance of the Senate may vote to indicate the agree-
ment or disagreement of the committee with the pro-
posed contents of the final rule or other modifica-
tion. Any such vote shall not be binding on the de-
partment or agency which is implementing the rule
or other modification.
(4) INAPPLICABILITY TO ITC.—This subsection
does not apply to any regulation or practice of the
International Trade Commission.
(h) CONSULTATIONS REGARDING REVIEW OF WTO
RULES AND PROCEDURES.—Before the review is con-
ducted of the dispute settlement rules and procedures of
the WTO that is provided for in the Decision on the Appli-
cation of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, as such decision is
set forth in the Ministerial Declarations and Decisions
adopted on April 15, 1994, together with the Uruguay
Round Agreements, the Trade Representative shall con-
sult with the congressional committees regarding the pol-
icy of the United States concerning the review.
SEC. 124. ANNUAL REPORT ON THE WTO.
Not later than March 1 of each year beginning in
1996, the Trade Representative shall submit to the Con-
gress a report describing, for the preceding fiscal year of
the WTO—
(1) the major activities and work programs of
the WTO, including the functions and activities of
the committees established under article IV of the
WTO Agreement, and the expenditures made by the
WTO in connection with those activities and pro-
grams;
(2) the percentage of budgetary assessments by
the WTO that were accounted for by each WTO
member country, including the United States;
(3) the total number of personnel employed or
retained by the Secretariat of the WTO, and the
number of professional, administrative, and support
staff of the WTO;
(4) for each personnel category described in
paragraph (3), the number of citizens of each coun-
try, and the average salary of the personnel, in that
category;
(5) each report issued by a panel or the Appel-
late Body in a dispute settlement proceeding regard-
ing Federal or State law, and any efforts by the
Trade Representative to provide for implementation
of the recommendations contained in a report that
is adverse to the United States;
(6) each proceeding before a panel or the Ap-
pellate Body that was initiated during that fiscal
year regarding Federal or State law, the status of
the proceeding, and the matter at issue;
(7) the status of consultations with any State
whose law was the subject of a report adverse to the
United States that was issued by a panel or the Ap-
pellate Body; and
(8) any progress achieved in increasing the
transparency of proceedings of the Ministerial Con-
ference and the General Council, and of dispute set-
tlement proceedings conducted pursuant to the Dis-
pute Settlement Understanding.
SEC. 125. REVIEW OF PARTICIPATION IN THE WTO.
(a) REPORT ON THE OPERATION OF THE WTO.—
The first annual report submitted to the Congress under
section 124—
(1) after the end of the 5-year period beginning
on the date on which the WTO Agreement enters
into force with respect to the United States, and
(2) after the end of every 5-year period there-
after,
shall include an analysis of the effects of the WTO Agree-
ment on the interests of the United States, the costs and
benefits to the United States of its participation in the
WTO, and the value of the continued participation of the
United States in the WTO.
(b) CONGRESSIONAL DISAPPROVAL OF U.S. PARTICI-
PATION IN THE WTO.—
(1) GENERAL RULE.—The approval of the Con-
gress, provided under section 101(a), of the WTO
Agreement shall cease to be effective if, and only if,
a joint resolution described in subsection (c) is en-
acted into law pursuant to the provisions of para-
graph (2).
(2) PROCEDURAL
PROVISIONS.—(A) The re-
quirements of this paragraph are met if the joint
resolution is enacted under subsection (c), and
(i) the Congress adopts and transmits the
joint resolution to the President before the end
of the 90-day period (excluding any day de-
scribed in section 154(b) of the Trade Act of
1974), beginning on the date on which the Con-
gress receives a report referred to in subsection
(a), and
(ii) if the President vetoes the joint resolu-
tion, each House of Congress votes to override
that veto on or before the later of the last day
of the 90-day period referred to in clause (i) or
the last day of the 15-day period (excluding any
day described in section 154(b) of the Trade
Act of 1974) beginning on the date on which
the Congress receives the veto message from the
President.
(B) A joint resolution to which this section ap-
plies may be introduced at any time on or after the
date on which the President transmits to the Con-
gress a report described in subsection (a), and be-
fore the end of the 90-day period referred to in sub-
paragraph (A).
(c) JOINT RESOLUTIONS.—
(1) JOINT RESOLUTIONS.—For purposes of this
section, the term ‘‘joint resolution’’ means only a
joint resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as fol-
lows: ‘‘That the Congress withdraws its approval,
provided under section 101(a) of the Uruguay
Round Agreements Act, of the WTO Agreement as
defined in section 2(9) of that Act.’’.
(2) PROCEDURES.—(A) Joint resolutions may
be introduced in either House of the Congress by
any member of such House.
(B) Subject to the provisions of this subsection,
the provisions of subsections (b), (d), (e), and (f) of
section 152 of the Trade Act of 1974 (19 U.S.C.
2192(b), (d), (e), and (f)) apply to joint resolutions
to the same extent as such provisions apply to reso-
lutions under such section.
(C) If the committee of either House to which
a joint resolution has been referred has not reported
it by the close of the 45th day after its introduction
(excluding any day described in section 154(b) of the
Trade Act of 1974), such committee shall be auto-
matically discharged from further consideration of
the joint resolution and it shall be placed on the ap-
propriate calendar.
(D) It is not in order for—
(i) the Senate to consider any joint resolu-
tion unless it has been reported by the Commit-
tee on Finance or the committee has been dis-
charged under subparagraph (C); or
(ii) the House of Representatives to con-
sider any joint resolution unless it has been re-
ported by the Committee on Ways and Means
or the committee has been discharged under
subparagraph (C).
(E) A motion in the House of Representatives
to proceed to the consideration of a joint resolution
may only be made on the second legislative day after
the calendar day on which the Member making the
motion announces to the House his or her intention
to do so.
(3) CONSIDERATION OF SECOND RESOLUTION
NOT IN ORDER.—It shall not be in order in either
the House of Representatives or the Senate to con-
sider a joint resolution (other than a joint resolution
received from the other House), if that House has
previously adopted a joint resolution under this sec-
tion.
(d) RULES OF HOUSE OF REPRESENTATIVES AND
SENATE.—This section is enacted by the Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such is deemed a part of the rules
of each House, respectively, and such procedures su-
persede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitu-
tional right of either House to change the rules (so
far as relating to the procedures of that House) at
any time, in the same manner, and to the same ex-
tent as any other rule of that House.
SEC. 126. INCREASED TRANSPARENCY.
The Trade Representative shall seek the adoption by
the Ministerial Conference and General Council of proce-
dures that will ensure broader application of the principle
of transparency and clarification of the costs and benefits
of trade policy actions, through the observance of open
and equitable procedures in trade matters by the Ministe-
rial Conference and the General Council, and by the dis-
pute settlement panels and the Appellate Body under the
Dispute Settlement Understanding.
SEC. 127. ACCESS TO THE WTO DISPUTE SETTLEMENT
PROCESS.
(a) IN GENERAL.—Whenever the United States is a
party before a dispute settlement panel established pursu-
ant to Article 6 of the Dispute Settlement Understanding,
the Trade Representative shall, at each stage of the pro-
ceeding before the panel or the Appellate Body, consult
with the appropriate congressional committees, the peti-
tioner (if any) under section 302(a) of the Trade Act of
1974 (19 U.S.C. 2412) with respect to the matter that
is the subject of the proceeding, and relevant private sec-
tor advisory committees established under section 135 of
the Trade Act of 1974 (19 U.S.C. 2155), and shall con-
sider the views of representatives of appropriate interested
private sector and nongovernmental organizations con-
cerning the matter.
(b) NOTICE AND PUBLIC COMMENT.—In any pro-
ceeding described in subsection (a), the Trade Representa-
tive shall—
(1) promptly after requesting the establishment
of a panel, or receiving a request from another WTO
member country for the establishment of a panel,
publish a notice in the Federal Register—
(A) identifying the initial parties to the
dispute,
(B) setting forth the major issues raised
by the country requesting the establishment of
a panel and the legal basis of the complaint,
(C) identifying the specific measures, in-
cluding any State or Federal law cited in the
request for establishment of the panel, and
(D) seeking written comments from the
public concerning the issues raised in the dis-
pute; and
(2) take into account any advice received from
appropriate congressional committees and relevant
private sector advisory committees referred to in
subsection (a), and written comments received pur-
suant to paragraph (1)(D), in preparing United
States submissions to the panel or the Appellate
Body.
(c) ACCESS TO DOCUMENTS.—In each proceeding de-
scribed in subsection (a), the Trade Representative shall—
(1) make written submissions by the United
States referred to in subsection (b) available to the
public promptly after they are submitted to the
panel or Appellate Body, except that the Trade Rep-
resentative is authorized to withhold from disclosure
any information contained in such submissions iden-
tified by the provider of the information as propri-
etary information or information treated as con-
fidential by a foreign government;
(2) request each other party to the dispute to
permit the Trade Representative to make that par-
ty’s written submissions to the panel or the Appel-
late Body available to the public; and
(3) make each report of the panel or the Appel-
late Body available to the public promptly after it is
circulated to WTO members, and inform the public
of such availability.
(d) 
REQUESTS
FOR
NONCONFIDENTIAL
SUM-
MARIES.—In any dispute settlement proceeding conducted
pursuant to the Dispute Settlement Understanding, the
Trade Representative shall request each party to the dis-
pute to provide nonconfidential summaries of its written
submissions, if that party has not made its written sub-
missions public, and shall make those summaries available
to the public promptly after receiving them.
(e) PUBLIC FILE.—The Trade Representative shall
maintain a file accessible to the public on each dispute
settlement proceeding to which the United States is a
party that is conducted pursuant to the Dispute Settle-
ment Understanding. The file shall include all United
States submissions in the proceeding and a listing of any
submissions to the Trade Representative from the public
with respect to the proceeding, as well as the report of
the dispute settlement panel and the report of the Appel-
late Body.
(f) 
CONFORMING
AMENDMENT.—Section
135(a)(1)(B) of the Trade Act of 1974 (19 U.S.C.
2155(a)(1)(B)) is amended to read as follows:
‘‘(B) the operation of any trade agreement
once entered into, including preparation for dis-
pute settlement panel proceedings to which the
United States is a party; and’’.
SEC. 128. ADVISORY COMMITTEE PARTICIPATION.
Section 135(b)(1) of the Trade Act of 1974 (19
U.S.C. 2155(b)(1)) is amended by inserting ‘‘nongovern-
mental environmental and conservation organizations,’’
after ‘‘retailers,’’.
SEC. 129. ADMINISTRATIVE ACTION FOLLOWING WTO
PANEL REPORTS.
(a) ACTION
BY UNITED STATES INTERNATIONAL
TRADE COMMISSION.—
(1) ADVISORY REPORT.—If a dispute settlement
panel finds in an interim report under Article 15 of
the Dispute Settlement Understanding, or the Ap-
pellate Body finds in a report under Article 17 of
that Understanding, that an action by the Inter-
national Trade Commission in connection with a
particular proceeding is not in conformity with the
obligations of the United States under the Anti-
dumping Agreement, the Safeguards Agreement, or
the Agreement on Subsidies and Countervailing
Measures, the Trade Representative may request the
Commission to issue an advisory report on whether
title VII of the Tariff Act of 1930 or title II of the
Trade Act of 1974, as the case may be, permits the
Commission to take steps in connection with the
particular proceeding that would render its action
not inconsistent with the findings of the panel or the
Appellate Body concerning those obligations. The
Trade Representative shall notify the congressional
committees of such request.
(2) TIME LIMITS FOR REPORT.—The Commis-
sion shall transmit its report under paragraph (1) to
the Trade Representative—
(A) in the case of an interim report de-
scribed in paragraph (1), within 30 calendar
days after the Trade Representative requests
the report; and
(B) in the case of a report of the Appellate
Body, within 21 calendar days after the Trade
Representative requests the report.
(3) CONSULTATIONS ON REQUEST FOR COMMIS-
SION DETERMINATION.—If a majority of the Com-
missioners issues an affirmative report under para-
graph (1), the Trade Representative shall consult
with the congressional committees concerning the
matter.
(4) COMMISSION
DETERMINATION.—Notwith-
standing any provision of the Tariff Act of 1930 or
title II of the Trade Act of 1974, if a majority of
the Commissioners issues an affirmative report
under paragraph (1), the Commission, upon the
written request of the Trade Representative, shall
issue a determination in connection with the particu-
lar proceeding that would render the Commission’s
action described in paragraph (1) not inconsistent
with the findings of the panel or Appellate Body.
The Commission shall issue its determination not
later than 120 days after the request from the
Trade Representative is made.
(5) CONSULTATIONS ON IMPLEMENTATION OF
COMMISSION
DETERMINATION.—The Trade Rep-
resentative shall consult with the congressional com-
mittees before the Commission’s determination
under paragraph (4) is implemented.
(6) REVOCATION OF ORDER.—If, by virtue of
the Commission’s determination under paragraph
(4), an antidumping or countervailing duty order
with respect to some or all of the imports that are
subject to the action of the Commission described in
paragraph (1) is no longer supported by an affirma-
tive Commission determination under title VII of the
Tariff Act of 1930 or this subsection, the Trade
Representative may, after consulting with the con-
gressional committees under paragraph (5), direct
the administering authority to revoke the antidump-
ing or countervailing duty order in whole or in part.
(7) MODIFICATION OF ACTION UNDER TITLE II
OF
TRADE
ACT
OF
1974.—Section 204(b) of the
Trade Act of 1974 (19 U.S.C. 2254(b)) is amended
by adding at the end the following new paragraph:
‘‘(3) Notwithstanding paragraph (1), the Presi-
dent may, after receipt of a Commission determina-
tion under section 129(a)(4) of the Uruguay Round
Agreements Act and consulting with the Committee
on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate, re-
duce, modify, or terminate action taken under sec-
tion 203.’’.
(b) ACTION BY ADMINISTERING AUTHORITY.—
(1) CONSULTATIONS WITH ADMINISTERING AU-
THORITY
AND
CONGRESSIONAL
COMMITTEES.—
Promptly after a report by a dispute settlement
panel or the Appellate body is issued that contains
findings that an action by the administering author-
ity in a proceeding under title VII of the Tariff Act
of 1930 is not in conformity with the obligations of
the United States under the Antidumping Agree-
ment or the Agreement on Subsidies and Counter-
vailing Measures, the Trade Representative shall
consult with the administering authority and the
congressional committees on the matter.
(2) DETERMINATION
BY
ADMINISTERING
AU-
THORITY.—Notwithstanding any provision of the
Tariff Act of 1930, the administering authority
shall, within 180 days after receipt of a written re-
quest from the Trade Representative, issue a deter-
mination in connection with the particular proceed-
ing that would render the administering authority’s
action described in paragraph (1) not inconsistent
with the findings of the panel or the Appellate Body.
(3) CONSULTATIONS
BEFORE
IMPLEMENTA-
TION.—Before the administering authority imple-
ments any determination under paragraph (2), the
Trade Representative shall consult with the admin-
istering authority and the congressional committees
with respect to such determination.
(4) IMPLEMENTATION
OF
DETERMINATION.—
The Trade Representative may, after consulting with
the administering authority and the congressional
committees under paragraph (3), direct the admin-
istering authority to implement, in whole or in part,
the determination made under paragraph (2).
(c) EFFECTS OF DETERMINATIONS; NOTICE OF IM-
PLEMENTATION.—
(1) EFFECTS
OF
DETERMINATIONS.—Deter-
minations concerning title VII of the Tariff Act of
1930 that are implemented under this section shall
apply with respect to unliquidated entries of the sub-
ject merchandise (as defined in section 771 of that
Act) that are entered, or withdrawn from warehouse,
for consumption on or after—
(A) in the case of a determination by the
Commission under subsection (a)(4), the date
on which the Trade Representative directs the
administering authority under subsection (a)(6)
to revoke an order pursuant to that determina-
tion, and
(B) in the case of a determination by the
administering 
authority 
under 
subsection
(b)(2), the date on which the Trade Represent-
ative directs the administering authority under
subsection (b)(4) to implement that determina-
tion.
(2) NOTICE OF IMPLEMENTATION.—
(A) The administering authority shall pub-
lish in the Federal Register notice of the imple-
mentation of any determination made under
this section with respect to title VII of the Tar-
iff Act of 1930.
(B) The Trade Representative shall pub-
lish in the Federal Register notice of the imple-
mentation of any determination made under
this section with respect to title II of the Trade
Act of 1974.
(d) OPPORTUNITY FOR COMMENT BY INTERESTED
PARTIES.—Prior to issuing a determination under this
section, the administering authority or the Commission,
as the case may be, shall provide interested parties with
an opportunity to submit written comments and, in appro-
priate cases, may hold a hearing, with respect to the deter-
mination.
(e) JUDICIAL OR BINATIONAL PANEL REVIEW.—
(1) 
REVIEW
OF
DETERMINATIONS
ON
RECORD.—Section 516A(a)(2) of the Tariff Act of
1930 (19 U.S.C. 1516a(a)(2)) is amended—
(A) in subparagraph (A)(i)—
(i) in subclause (I) by striking ‘‘(B),
or’’ and inserting ‘‘(B)’’, and
(ii) by adding after subclause (II) the
following:
‘‘(III) notice of the implementa-
tion of any determination described in
clause (vii) of subparagraph (B), or’’;
and
(B) in subparagraph (B), by adding at the
end the following new clause:
‘‘(vii) A determination by the admin-
istering authority or the Commission under
section 129 of the Uruguay Round Agree-
ments Act concerning a determination
under title VII of the Tariff Act of 1930.’’.
(2) TIME LIMITS FOR CASES INVOLVING FREE
TRADE
AREA
COUNTRIES.—Section 516A(a)(5) of
the Tariff Act of 1930 (19 U.S.C. 1516a(a)(5)) is
amended by adding at the end the following new
subparagraph:
‘‘(E) For a determination described in
clause (vii) of paragraph (2)(B), the 31st day
after the date on which notice of the implemen-
tation of the determination is published in the
Federal Register.’’.
(3) REVIEW OF CASES INVOLVING FREE TRADE
AREA
COUNTRY
MERCHANDISE.—Section
516A(g)(8)(A)(i) of the Tariff Act of 1930 (19
U.S.C. 1516a(g)(8)(A)(i)) is amended by striking
‘‘subparagraph (A) or (B)’’ and inserting ‘‘subpara-
graph (A), (B), or (E)’’.
SEC. 130. EFFECTIVE DATE.
This subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
Subtitle D—Related Provisions
SEC. 131. WORKING PARTY ON WORKER RIGHTS.
(a) IN GENERAL.—The President shall seek the es-
tablishment in the GATT 1947, and, upon entry into force
of the WTO Agreement with respect to the United States,
in the WTO, of a working party to examine the relation-
ship of internationally recognized worker rights, as defined
in section 502(a)(4) of the Trade Act of 1974, to the arti-
cles, objectives, and related instruments of the GATT
1947 and of the WTO, respectively.
(b) OBJECTIVES OF WORKING PARTY.—The objec-
tives of the United States for the working party described
in subsection (a) are to—
(1) explore the linkage between international
trade and internationally recognized worker rights,
as defined in section 502(a)(4) of the Trade Act of
1974, taking into account differences in the level of
development among countries;
(2) examine the effects on international trade of
the systematic denial of such rights;
(3) consider ways to address such effects; and
(4) develop methods to coordinate the work pro-
gram of the working party with the International
Labor Organization.
(c) REPORT TO CONGRESS.—The President shall re-
port to the Congress, not later than 1 year after the date
of the enactment of this Act, on the progress made in es-
tablishing the working party under this section, and on
United States objectives with respect to the working par-
ty’s work program.
SEC. 132. IMPLEMENTATION OF RULES OF ORIGIN WORK
PROGRAM.
If the President enters into an agreement developed
under the work program described in Article 9 of the
Agreement on Rules of Origin referred to in section
101(d)(10), the President may implement United States
obligations under such an agreement under United States
law only pursuant to authority granted to the President
for that purpose by law enacted after the effective date
of this title.
SEC. 133. MEMBERSHIP IN WTO OF BOYCOTTING COUN-
TRIES.
It is the sense of the Congress that the Trade Rep-
resentative should vigorously oppose the admission into
the World Trade Organization of any country which,
through its laws, regulations, official policies, or govern-
mental practices, fosters, imposes, complies with, furthers,
or supports any boycott described in section 8(a) of the
Export Administration Act of 1979 (50 U.S.C. App.
2407(a)) (as in effect on August 20, 1994), including re-
quiring or encouraging entities within that country to
refuse to do business with persons who do not comply with
requests to take any action prohibited under that section.
SEC. 134. AFRICA TRADE AND DEVELOPMENT POLICY.
(a) DEVELOPMENT
OF
POLICY.—The President
should develop and implement a comprehensive trade and
development policy for the countries of Africa.
(b) REPORTS TO CONGRESS.—The President shall,
not later than 12 months after the date of the enactment
of this Act and annually thereafter for a period of 4 years,
submit to the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of Representa-
tives, the Committee on Finance and the Committee on
Foreign Relations of the Senate, and other appropriate
committees of the Congress, a report on the steps taken
to carry out subsection (a).
SEC. 135. OBJECTIVES FOR EXTENDED NEGOTIATIONS.
(a) TRADE IN FINANCIAL SERVICES.—The principal
negotiating objective of the United States in the extended
negotiations on financial services to be conducted under
the auspices of the WTO is to seek to secure commit-
ments, from a wide range of commercially important de-
veloped and developing countries, to reduce or eliminate
barriers to the supply of financial services, including bar-
riers that deny national treatment or market access by re-
stricting the establishment or operation of financial serv-
ices providers, as the condition for the United States—
(1) offering commitments to provide national
treatment and market access in each of the financial
services subsectors, and
(2) making such commitments on a most-fa-
vored-nation basis.
(b) TRADE IN BASIC TELECOMMUNICATIONS SERV-
ICES.—The principal negotiating objective of the United
States in the extended negotiations on basic telecommuni-
cations services to be conducted under the auspices of the
WTO is to obtain the opening on nondiscriminatory terms
and conditions of foreign markets for basic telecommuni-
cations services through facilities-based competition or
through the resale of services on existing networks.
(c) TRADE IN CIVIL AIRCRAFT.—
(1) NEGOTIATIONS.—The principal negotiating
objectives of the United States in the extended nego-
tiations on trade in civil aircraft to be conducted
under the auspices of the WTO are—
(A) to obtain competitive opportunities for
United States exports in foreign markets sub-
stantially equivalent to those afforded to foreign
products in the United States,
(B) to obtain the reduction or elimination
of specific tariff and nontariff barriers, includ-
ing through expanded membership in the
Agreement on Trade in Civil Aircraft and in the
US–EC bilateral agreement for large civil air-
craft,
(C) to maintain vigorous and effective dis-
ciplines on subsidies practices with respect to
civil aircraft products under the Agreement on
Subsidies and Countervailing Measures referred
to in section 101(d)(12),
(D) to maintain the scope and coverage on
indirect support as specified in the US–EC bi-
lateral agreement on large civil aircraft, and
(E) to obtain increased transparency with
respect to foreign subsidy programs in the civil
aircraft sector, both through greater govern-
ment disclosure with respect to the use of tax-
payer moneys and higher financial disclosure
standards for companies receiving government
supports (including disclosure comparable to
that required under United States securities
laws).
(2) DEFINITIONS.—For purposes of paragraph
(1)—
(A) the term ‘‘civil aircraft’’ means those
products to which the Agreement on Trade in
Civil Aircraft applies,
(B) the term ‘‘large civil aircraft’’ has the
meaning given that term in Annex II to the
US–EC bilateral agreement,
(C) the term ‘‘indirect support’’ means in-
direct government support as defined in Annex
II to the US–EC bilateral agreement,
(D) the term ‘‘Agreement on Trade in
Civil Aircraft’’ means the Agreement on Trade
in Civil Aircraft approved by the Congress
under section 2 of the Trade Agreements Act of
1979, and
(E) the term ‘‘US–EC bilateral agree-
ment’’ means the Agreement Concerning the
Application of the GATT Agreement on Trade
in Civil Aircraft Between the European Eco-
nomic Community and the Government of the
United States of America on trade in large civil
aircraft, entered into on July 17, 1992.
SEC. 136. REPEAL OF TAX ON IMPORTED PERFUMES; DRAW-
BACK OF TAX ON DISTILLED SPIRITS USED IN
PERFUME MANUFACTURE.
(a) REPEAL OF TAX ON IMPORTED PERFUMES.—
Subsection (a) of section 5001 of the Internal Revenue
Code of 1986 is amended by striking paragraph (3) and
redesignating the following paragraphs accordingly.
(b) DRAWBACK
OF TAX
ON DISTILLED SPIRITS
USED IN PERFUME MANUFACTURE.—Sections 5131(a),
5132, 5134(c)(1), and 7652(g) of such Code are each
amended by striking ‘‘or flavoring extracts’’ and inserting
‘‘flavoring extracts, or perfume’’.
(c) CONFORMING AMENDMENTS.—
(1) Subsection (b) of section 5002 of such Code
is amended by striking paragraph (1) and redesig-
nating the following paragraphs accordingly.
(2) Subsection (f) of section 5005 of such Code
is amended—
(A) by striking ‘‘section 5001(a)(6) and
(7)’’ in paragraph (3) and inserting ‘‘section
5001(a)(5) and (6)’’, and
(B) by striking ‘‘section 5001(a)(5)’’ in
paragraph 
(4) 
and 
inserting 
‘‘section
5001(a)(4)’’.
(3) Subsection (b) of section 5007 of such Code
is amended to read as follows:
‘‘(b) COLLECTION OF TAX ON IMPORTED DISTILLED
SPIRITS.—The internal revenue tax imposed by section
5001(a)(1) and (2) upon imported distilled spirits shall
be collected by the Secretary and deposited as internal rev-
enue collections, under such regulations as the Secretary
may prescribe. Section 5688 shall be applicable to the dis-
position of imported spirits.’’.
(4) Paragraph (3) of section 5007(c) of such
Code is amended by striking ‘‘section 5001(a)(5),
(6), and (7)’’ and inserting ‘‘section 5001(a)(4), (5),
and (6)’’.
(5) Paragraph (1) of section 5061(b) of such
Code is amended to read as follows:
‘‘(1) section 5001(a)(4), (5), or (6),’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1995.
SEC. 137. CERTAIN NONRUBBER FOOTWEAR.
In the case of nonrubber footwear imported from
Brazil—
(1) which is subject to Treasury Decision 74-
233, dated September 9, 1974,
(2) which was entered, or withdrawn from
warehouse for consumption, on or before October 28,
1981, and
(3) with respect to which entries are unliqui-
dated on the date of the enactment of this Act,
countervailing duties shall be assessed at rates equal to
the amount of the cash deposit of the estimated counter-
vailing duties required on such footwear at the time of
entry or withdrawal from warehouse for consumption. In-
terest on underpayments of amounts required to be depos-
ited as countervailing duties shall be paid in accordance
with section 778 of the Tariff Act of 1930 (19 U.S.C.
1677g).
SEC. 138. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section
136(d) and subsection (b) of this section, this subtitle and
the amendments made by this subtitle take effect on the
date of the enactment of this Act.
(b) SECTIONS 132 AND 135.—Sections 132 and 135
take effect on the date on which the WTO Agreement en-
ters into force with respect to the United States.
TITLE 
II—ANTIDUMPING 
AND
COUNTERVAILING DUTY PRO-
VISIONS
SEC. 201. REFERENCE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Tariff Act of 1930.
Subtitle A—General Provisions
SEC. 211. ACTION WITH RESPECT TO PETITIONS.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Sec-
tion 702(b) (19 U.S.C. 1671a(b)) is amended—
(1) in paragraph (3) by striking ‘‘subsection
702(b)(1)’’ and inserting ‘‘paragraph (1)’’, and
(2) by adding at the end the following:
‘‘(4) ACTION WITH RESPECT TO PETITIONS.—
‘‘(A) NOTIFICATION OF GOVERNMENTS.—
Upon receipt of a petition filed under para-
graph (1), the administering authority shall—
‘‘(i) notify the government of any ex-
porting country named in the petition by
delivering a public version of the petition
to an appropriate representative of such
country; and
‘‘(ii) provide the government of any
exporting country named in the petition
that is a Subsidies Agreement country an
opportunity for consultations with respect
to the petition.
‘‘(B) 
ACCEPTANCE
OF
COMMUNICA-
TIONS.—The administering authority shall not
accept any unsolicited oral or written commu-
nication from any person other than an inter-
ested party described in section 771(9) (C),
(D), (E), (F), or (G) before the administering
authority makes its decision whether to initiate
an investigation, except as provided in subpara-
graph (A)(ii) and subsection (c)(4)(D), and ex-
cept for inquiries regarding the status of the
administering authority’s consideration of the
petition.
‘‘(C) NONDISCLOSURE OF CERTAIN INFOR-
MATION.—The administering authority and the
Commission shall not disclose information with
regard to any draft petition submitted for re-
view and comment before it is filed under para-
graph (1).’’.
(b) ANTIDUMPING INVESTIGATIONS.—Section 732(b)
(19 U.S.C. 1673a(b)) is amended by adding at the end
the following:
‘‘(3) ACTION WITH RESPECT TO PETITIONS.—
‘‘(A) NOTIFICATION OF GOVERNMENTS.—
Upon receipt of a petition filed under para-
graph (1), the administering authority shall no-
tify the government of any exporting country
named in the petition by delivering a public ver-
sion of the petition to an appropriate represent-
ative of such country.
‘‘(B) 
ACCEPTANCE
OF
COMMUNICA-
TIONS.—The administering authority shall not
accept any unsolicited oral or written commu-
nication from any person other than an inter-
ested party described in section 771(9) (C),
(D), (E), (F), or (G) before the administering
authority makes its decision whether to initiate
an investigation, except as provided in sub-
section (c)(4)(D), and except for inquiries re-
garding 
the 
status 
of 
the 
administering
authority’s consideration of the petition.
‘‘(C) NONDISCLOSURE OF CERTAIN INFOR-
MATION.—The administering authority and the
Commission shall not disclose information with
regard to any draft petition submitted for re-
view and comment before it is filed under para-
graph (1).’’.
SEC. 212. PETITION AND PRELIMINARY DETERMINATION.
(a) GENERAL REQUIREMENTS.—
(1) COUNTERVAILING DUTY PETITION.—Section
702(c) (19 U.S.C. 1671a(c)) is amended to read as
follows:
‘‘(c) PETITION DETERMINATION.—
‘‘(1) IN GENERAL.—
‘‘(A) TIME
FOR
INITIAL
DETERMINA-
TION.—Except as provided in subparagraph
(B), within 20 days after the date on which a
petition is filed under subsection (b), the ad-
ministering authority shall—
‘‘(i) after examining, on the basis of
sources readily available to the administer-
ing authority, the accuracy and adequacy
of the evidence provided in the petition, de-
termine whether the petition alleges the
elements necessary for the imposition of a
duty under section 701(a) and contains in-
formation reasonably available to the peti-
tioner supporting the allegations, and
‘‘(ii) determine if the petition has
been filed by or on behalf of the industry.
‘‘(B) EXTENSION OF TIME.—In any case
in which the administering authority is required
to poll or otherwise determine support for the
petition by the industry under paragraph
(4)(D), the administering authority may, in ex-
ceptional circumstances, apply subparagraph
(A) by substituting ‘a maximum of 40 days’ for
‘20 days’.
‘‘(C) TIME LIMITS WHERE PETITION IN-
VOLVES
SAME
MERCHANDISE
AS
AN
ORDER
THAT
HAS
BEEN
REVOKED.—If a petition is
filed under this section with respect to mer-
chandise that was the subject merchandise of—
‘‘(i) a countervailing duty order that
was revoked under section 751(d) in the
24 months preceding the date the petition
is filed, or
‘‘(ii) a suspended investigation that
was terminated under section 751(d) in the
24 months preceding the date the petition
is filed,
the administering authority and the Commis-
sion shall, to the maximum extent practicable,
expedite any investigation initiated under this
section with respect to the petition.
‘‘(2) AFFIRMATIVE
DETERMINATIONS.—If the
determinations under clauses (i) and (ii) of para-
graph (1)(A) are affirmative, the administering au-
thority shall initiate an investigation to determine
whether a countervailable subsidy is being provided
with respect to the subject merchandise.
‘‘(3) NEGATIVE DETERMINATIONS.—If the de-
termination under clause (i) or (ii) of paragraph
(1)(A) is negative, the administering authority shall
dismiss the petition, terminate the proceeding, and
notify the petitioner in writing of the reasons for the
determination.
‘‘(4) DETERMINATION
OF
INDUSTRY
SUP-
PORT.—
‘‘(A) GENERAL
RULE.—For purposes of
this subsection, the administering authority
shall determine that the petition has been filed
by or on behalf of the industry, if—
‘‘(i) the domestic producers or work-
ers who support the petition account for at
least 25 percent of the total production of
the domestic like product, and
‘‘(ii) the domestic producers or work-
ers who support the petition account for
more than 50 percent of the production of
the domestic like product produced by that
portion of the industry expressing support
for or opposition to the petition.
‘‘(B) 
CERTAIN
POSITIONS
DIS-
REGARDED.—
‘‘(i) PRODUCERS
RELATED
TO
FOR-
EIGN PRODUCERS.—In determining indus-
try support under subparagraph (A), the
administering authority shall disregard the
position of domestic producers who oppose
the petition, if such producers are related
to foreign producers, as defined in section
771(4)(B)(ii), unless such domestic pro-
ducers demonstrate that their interests as
domestic producers would be adversely af-
fected by the imposition of a countervailing
duty order.
‘‘(ii) PRODUCERS WHO ARE IMPORT-
ERS.—The administering authority may
disregard the position of domestic produc-
ers of a domestic like product who are im-
porters of the subject merchandise.
‘‘(C) SPECIAL RULE FOR REGIONAL INDUS-
TRIES.—If the petition alleges that the industry
is a regional industry, the administering author-
ity shall determine whether the petition has
been filed by or on behalf of the industry by ap-
plying subparagraph (A) on the basis of produc-
tion in the region.
‘‘(D) POLLING THE INDUSTRY.—If the pe-
tition does not establish support of domestic
producers or workers accounting for more than
50 percent of the total production of the domes-
tic like product, the administering authority
shall—
‘‘(i) poll the industry or rely on other
information in order to determine if there
is support for the petition as required by
subparagraph (A), or
‘‘(ii) if there is a large number of pro-
ducers in the industry, the administering
authority may determine industry support
for the petition by using any statistically
valid sampling method to poll the industry.
‘‘(E) COMMENTS
BY
INTERESTED
PAR-
TIES.—Before 
the 
administering 
authority
makes a determination with respect to initiating
an investigation, any person who would qualify
as an interested party under section 771(9) if
an investigation were initiated, may submit
comments or information on the issue of indus-
try support. After the administering authority
makes a determination with respect to initiating
an investigation, the determination regarding
industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR
WORKERS.—For purposes of this subsection, the
term ‘domestic producers or workers’ means those
interested parties who are eligible to file a petition
under subsection (b)(1)(A).’’.
(2) ANTIDUMPING
DUTY
PETITION.—Section
732(c) (19 U.S.C. 1673a(c)) is amended to read as
follows:
‘‘(c) PETITION DETERMINATION.—
‘‘(1) IN GENERAL.—
‘‘(A) TIME
FOR
INITIAL
DETERMINA-
TION.—Except as provided in subparagraph
(B), within 20 days after the date on which a
petition is filed under subsection (b), the ad-
ministering authority shall—
‘‘(i) after examining, on the basis of
sources readily available to the administer-
ing authority, the accuracy and adequacy
of the evidence provided in the petition, de-
termine whether the petition alleges the
elements necessary for the imposition of a
duty under section 731 and contains infor-
mation reasonably available to the peti-
tioner supporting the allegations, and
‘‘(ii) determine if the petition has
been filed by or on behalf of the industry.
‘‘(B) EXTENSION OF TIME.—In any case
in which the administering authority is required
to poll or otherwise determine support for the
petition by the industry under paragraph
(4)(D), the administering authority may, in ex-
ceptional circumstances, apply subparagraph
(A) by substituting ‘a maximum of 40 days’ for
‘20 days’.
‘‘(C) TIME LIMITS WHERE PETITION IN-
VOLVES
SAME
MERCHANDISE
AS
AN
ORDER
THAT
HAS
BEEN
REVOKED.—If a petition is
filed under this section with respect to mer-
chandise that was the subject merchandise of—
‘‘(i) an antidumping duty order or
finding that was revoked under section
751(d) in the 24 months preceding the
date the petition is filed, or
‘‘(ii) a suspended investigation that
was terminated under section 751(d) in the
24 months preceding the date the petition
is filed,
the administering authority and the Commis-
sion shall, to the maximum extent practicable,
expedite any investigation initiated under this
section with respect to the petition.
‘‘(2) AFFIRMATIVE
DETERMINATIONS.—If the
determinations under clauses (i) and (ii) of para-
graph (1)(A) are affirmative, the administering au-
thority shall initiate an investigation to determine
whether the subject merchandise is being, or is likely
to be, sold in the United States at less than its fair
value.
‘‘(3) NEGATIVE DETERMINATIONS.—If the de-
termination under clause (i) or (ii) of paragraph
(1)(A) is negative, the administering authority shall
dismiss the petition, terminate the proceeding, and
notify the petitioner in writing of the reasons for the
determination.
‘‘(4) DETERMINATION
OF
INDUSTRY
SUP-
PORT.—
‘‘(A) GENERAL
RULE.—For purposes of
this subsection, the administering authority
shall determine that the petition has been filed
by or on behalf of the industry, if—
‘‘(i) the domestic producers or work-
ers who support the petition account for at
least 25 percent of the total production of
the domestic like product, and
‘‘(ii) the domestic producers or work-
ers who support the petition account for
more than 50 percent of the production of
the domestic like product produced by that
portion of the industry expressing support
for or opposition to the petition.
‘‘(B) 
CERTAIN
POSITIONS
DIS-
REGARDED.—
‘‘(i) PRODUCERS
RELATED
TO
FOR-
EIGN PRODUCERS.—In determining indus-
try support under subparagraph (A), the
administering authority shall disregard the
position of domestic producers who oppose
the petition, if such producers are related
to foreign producers, as defined in section
771(4)(B)(ii), unless such domestic pro-
ducers demonstrate that their interests as
domestic producers would be adversely af-
fected by the imposition of an antidumping
duty order.
‘‘(ii) PRODUCERS WHO ARE IMPORT-
ERS.—The administering authority may
disregard the position of domestic produc-
ers of a domestic like product who are im-
porters of the subject merchandise.
‘‘(C) SPECIAL RULE FOR REGIONAL INDUS-
TRIES.—If the petition alleges the industry is a
regional industry, the administering authority
shall determine whether the petition has been
filed by or on behalf of the industry by applying
subparagraph (A) on the basis of production in
the region.
‘‘(D) POLLING THE INDUSTRY.—If the pe-
tition does not establish support of domestic
producers or workers accounting for more than
50 percent of the total production of the domes-
tic like product, the administering authority
shall—
‘‘(i) poll the industry or rely on other
information in order to determine if there
is support for the petition as required by
subparagraph (A), or
‘‘(ii) if there is a large number of pro-
ducers in the industry, the administering
authority may determine industry support
for the petition by using any statistically
valid sampling method to poll the industry.
‘‘(E) COMMENTS
BY
INTERESTED
PAR-
TIES.—Before 
the 
administering 
authority
makes a determination with respect to initiating
an investigation, any person who would qualify
as an interested party under section 771(9) if
an investigation were initiated, may submit
comments or information on the issue of indus-
try support. After the administering authority
makes a determination with respect to initiating
an investigation, the determination regarding
industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR
WORKERS.—For purposes of this subsection, the
term ‘domestic producers or workers’ means those
interested parties who are eligible to file a petition
under subsection (b)(1)(A).’’.
(b) DETERMINATION BY THE COMMISSION OF REA-
SONABLE INDICATION OF INJURY; PRELIMINARY DETER-
MINATION BY THE ADMINISTERING AUTHORITY.—
(1) COUNTERVAILING DUTY INVESTIGATIONS.—
(A) Section 703(a) (19 U.S.C. 1671b(a))
is amended to read as follows:
‘‘(a) DETERMINATION BY COMMISSION OF REASON-
ABLE INDICATION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a
petition dismissed by the administering authority
under section 702(c)(3), the Commission, within the
time specified in paragraph (2), shall determine,
based on the information available to it at the time
of the determination, whether there is a reasonable
indication that—
‘‘(A) an industry in the United States—
‘‘(i) is materially injured, or
‘‘(ii) is threatened with material in-
jury, or
‘‘(B) the establishment of an industry in
the United States is materially retarded,
by reason of imports of the subject merchandise and
that imports of the subject merchandise are not neg-
ligible. If the Commission finds that imports of the
subject merchandise are negligible or otherwise
makes a negative determination under this para-
graph, the investigation shall be terminated.
‘‘(2) TIME
FOR
COMMISSION
DETERMINA-
TION.—The Commission shall make the determina-
tion described in paragraph (1)—
‘‘(A) in the case of a petition filed under
section 702(b)—
‘‘(i) within 45 days after the date on
which the petition is filed, or
‘‘(ii) if the time has been extended
pursuant to section 702(c)(1)(B), within
25 days after the date on which the Com-
mission receives notice from the admin-
istering authority of initiation of the inves-
tigation, and
‘‘(B) in the case of an investigation initi-
ated under section 702(a), within 45 days after
the date on which the Commission receives no-
tice from the administering authority that an
investigation has been initiated under such sec-
tion.’’.
(B) 
Section 
705(b)(1) 
(19 
U.S.C.
1671d(b)(1)) is amended by adding at the end
the following: ‘‘If the Commission determines
that imports of the subject merchandise are
negligible, the investigation shall be termi-
nated.’’.
(C) Section 703(b) (19 U.S.C. 1671b(b))
is amended—
(i) in paragraph (1)—
(I) by striking ‘‘85 days after the
date on which the petition is filed
under section 702(b)’’ and inserting
‘‘65 days after the date on which the
administering authority initiates an
investigation under section 702(c)’’;
(II) by striking ‘‘best informa-
tion’’ and inserting ‘‘information’’;
and
(III) by striking the last sen-
tence; and
(ii) in paragraph (2), by striking ‘‘85
days after the date on which the petition
is filed under section 702(b)’’ and inserting
‘‘65 days after the date on which the ad-
ministering authority initiates an investiga-
tion under section 702(c)’’.
(D) 
Section 
703(c)(1) 
(19 
U.S.C.
1671b(c)) is amended by striking ‘‘150th day
after the date on which a petition is filed under
section 702(b)’’ and inserting ‘‘130th day after
the date on which the administering authority
initiates an investigation under section 702(c)’’.
(E) 
Section 
702(b)(3) 
(19 
U.S.C.
1671a(b)(3)) is amended by striking ‘‘twenty
days’’ and inserting ‘‘5 days after the date on
which the administering authority initiates an
investigation under subsection (c),’’.
(F) Section 703(f) (19 U.S.C. 1671b(f)) is
amended to read as follows:
‘‘(f) NOTICE
OF DETERMINATION.—Whenever the
Commission or the administering authority makes a deter-
mination under this section, the Commission or the admin-
istering authority, as the case may be, shall notify the pe-
titioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is
appropriate) of its determination. The administering au-
thority shall include with such notification the facts and
conclusions on which its determination is based. Not later
than 5 days after the date on which the determination is
required to be made under subsection (a)(2), the Commis-
sion shall transmit to the administering authority the facts
and conclusions on which its determination is based.’’.
(2) ANTIDUMPING DUTY INVESTIGATIONS.—
(A) Section 733(a) (19 U.S.C. 1673b(a))
is amended to read as follows:
‘‘(a) DETERMINATION BY COMMISSION OF REASON-
ABLE INDICATION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a
petition dismissed by the administering authority
under section 732(c)(3), the Commission, within the
time specified in paragraph (2), shall determine,
based on the information available to it at the time
of the determination, whether there is a reasonable
indication that—
‘‘(A) an industry in the United States—
‘‘(i) is materially injured, or
‘‘(ii) is threatened with material in-
jury, or
‘‘(B) the establishment of an industry in
the United States is materially retarded,
by reason of imports of the subject merchandise and
that imports of the subject merchandise are not neg-
ligible. If the Commission finds that imports of the
subject merchandise are negligible or otherwise
makes a negative determination under this para-
graph, the investigation shall be terminated.
‘‘(2) TIME
FOR
COMMISSION
DETERMINA-
TION.—The Commission shall make the determina-
tion described in paragraph (1)—
‘‘(A) in the case of a petition filed under
section 732(b)—
‘‘(i) within 45 days after the date on
which the petition is filed, or
‘‘(ii) if the time has been extended
pursuant to section 732(c)(1)(B), within
25 days after the date on which the Com-
mission receives notice from the admin-
istering authority of initiation of the inves-
tigation, and
‘‘(B) in the case of an investigation initi-
ated under section 732(a), within 45 days after
the date on which the Commission receives no-
tice from the administering authority that an
investigation has been initiated under such sec-
tion.’’.
(B) 
Section 
735(b)(1) 
(19 
U.S.C.
1673d(b)(1)) is amended by adding at the end
the following: ‘‘If the Commission determines
that imports of the subject merchandise are
negligible, the investigation shall be termi-
nated.’’.
(C) 
Section 
733(b)(1) 
(19 
U.S.C.
1673b(b)(1)) is amended—
(i) in subparagraph (A)—
(I) by striking ‘‘160 days after
the date on which a petition is filed
under section 732(b)’’ and inserting
‘‘140 days after the date on which the
administering authority initiates an
investigation under section 732(c)’’;
and
(II) by striking ‘‘best informa-
tion’’ and inserting ‘‘information’’;
and
(ii) in subparagraph (B)—
(I) by striking ‘‘120’’ and insert-
ing ‘‘100’’;
(II) by striking ‘‘160’’ and in-
serting ‘‘140’’;
(III) by striking ‘‘100’’ and in-
serting ‘‘80’’; and
(IV) by striking ‘‘160’’ and in-
serting ‘‘140’’.
(D) 
Section 
733(c)(1) 
(19 
U.S.C.
1673b(c)(1)) is amended by striking ‘‘210th
day after the date on which a petition is filed
under section 732(b)’’ and inserting ‘‘190th day
after the date on which the administering au-
thority initiates an investigation under section
732(c)’’.
(E) Section 733(f) (19 U.S.C. 1673b(f)) is
amended to read as follows:
‘‘(f) NOTICE
OF DETERMINATION.—Whenever the
Commission or the administering authority makes a deter-
mination under this section, the Commission or the admin-
istering authority, as the case may be, shall notify the pe-
titioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is
appropriate) of its determination. The administering au-
thority shall include with such notification the facts and
conclusions on which its determination is based. Not later
than 5 days after the date on which the determination is
100
required to be made under subsection (a)(2), the Commis-
sion shall transmit to the administering authority the facts
and conclusions on which its determination is based.’’.
SEC. 213. DE MINIMIS DUMPING MARGIN.
(a) 
PRELIMINARY
DETERMINATIONS.—Section
733(b) (19 U.S.C. 1673b(b)) is amended by adding at the
end the following new paragraph:
‘‘(3) DE MINIMIS DUMPING MARGIN.—In mak-
ing a determination under this subsection, the ad-
ministering authority shall disregard any weighted
average dumping margin that is de minimis. For
purposes of the preceding sentence, a weighted aver-
age dumping margin is de minimis if the administer-
ing authority determines that it is less than 2 per-
cent ad valorem or the equivalent specific rate for
the subject merchandise.’’.
(b) FINAL DETERMINATIONS.—Section 735(a) (19
U.S.C. 1673d(a)) is amended by adding at the end the
following new paragraph:
‘‘(4) DE MINIMIS DUMPING MARGIN.—In mak-
ing a determination under this subsection, the ad-
ministering authority shall disregard any weighted
average dumping margin that is de minimis as de-
fined in section 733(b)(3).’’.
101
SEC. 214. CRITICAL CIRCUMSTANCES.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—
(1) PRELIMINARY
DETERMINATIONS.—Section
703(e)(1) (19 U.S.C. 1671b(e)(1)) is amended—
(A) in the matter preceding subparagraph
(A) by striking ‘‘best information’’ and insert-
ing ‘‘information’’; and
(B) by amending subparagraphs (A) and
(B) to read as follows:
‘‘(A) the alleged countervailable subsidy is
inconsistent with the Subsidies Agreement, and
‘‘(B) there have been massive imports of
the subject merchandise over a relatively short
period.’’.
(2) FINAL
DETERMINATIONS.—(A) Section
705(a)(2) (19 U.S.C. 1671d(a)(2)) is amended—
(i) in subparagraph (A) by inserting ‘‘Sub-
sidies’’ before ‘‘Agreement’’; and
(ii) in subparagraph (B) by striking ‘‘class
or kind of merchandise involved’’ and inserting
‘‘subject merchandise’’.
(B) 
Section 
705(b)(4)(A) 
(19 
U.S.C.
1671d(b)(4)) is amended to read as follows:
‘‘(A) COMMISSION STANDARD FOR RETRO-
ACTIVE APPLICATION.—
102
‘‘(i) IN GENERAL.—If the finding of
the administering authority under sub-
section (a)(2) is affirmative, then the final
determination of the Commission shall in-
clude a finding as to whether the imports
subject to the affirmative determination
under subsection (a)(2) are likely to under-
mine seriously the remedial effect of the
countervailing duty order to be issued
under section 706.
‘‘(ii) FACTORS
TO
CONSIDER.—In
making the evaluation under clause (i), the
Commission shall consider, among other
factors it considers relevant—
‘‘(I) the timing and the volume of
the imports,
‘‘(II) any rapid increase in inven-
tories of the imports, and
‘‘(III) any other circumstances
indicating that the remedial effect of
the countervailing duty order will be
seriously undermined.’’.
(b) ANTIDUMPING INVESTIGATIONS.—
(1) PRELIMINARY
DETERMINATIONS.—Section
733(e)(1) (19 U.S.C. 1673b(e)(1)) is amended—
103
(A) in the matter preceding subparagraph
(A) by striking ‘‘best information’’ and insert-
ing ‘‘information’’; and
(B) by amending subparagraphs (A) and
(B) to read as follows:
‘‘(A)(i) there is a history of dumping and
material injury by reason of dumped imports in
the United States or elsewhere of the subject
merchandise, or
‘‘(ii) the person by whom, or for whose ac-
count, the merchandise was imported knew or
should have known that the exporter was selling
the subject merchandise at less than its fair
value and that there was likely to be material
injury by reason of such sales, and
‘‘(B) there have been massive imports of
the subject merchandise over a relatively short
period.’’.
(2) FINAL
DETERMINATIONS.—(A) Section
735(a)(3) (19 U.S.C. 1673d(a)(3)) is amended—
(i) in clause (i) of subparagraph (A)—
(I) by inserting ‘‘and material injury
by reason of dumped imports’’ after ‘‘his-
tory of dumping’’; and
104
(II) by striking ‘‘class or kind of the
merchandise which is the subject of the in-
vestigation’’ and inserting ‘‘subject mer-
chandise’’;
(ii) in clause (ii) of subparagraph (A) by
striking ‘‘merchandise which is the subject of
the investigation at less than its fair value’’ and
inserting ‘‘subject merchandise at less than its
fair value and that there would be material in-
jury by reason of such sales’’; and
(iii) in subparagraph (B) by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(B) 
Section 
735(b)(4)(A) 
(19 
U.S.C.
1673d(b)(4)(A)) is amended to read as follows:
‘‘(A) COMMISSION STANDARD FOR RETRO-
ACTIVE APPLICATION.—
‘‘(i) IN GENERAL.—If the finding of
the administering authority under sub-
section (a)(3) is affirmative, then the final
determination of the Commission shall in-
clude a finding as to whether the imports
subject to the affirmative determination
under subsection (a)(3) are likely to under-
mine seriously the remedial effect of the
105
antidumping duty order to be issued under
section 736.
‘‘(ii) FACTORS
TO
CONSIDER.—In
making the evaluation under clause (i), the
Commission shall consider, among other
factors it considers relevant—
‘‘(I) the timing and the volume of
the imports,
‘‘(II) a rapid increase in inven-
tories of the imports, and
‘‘(III) any other circumstances
indicating that the remedial effect of
the antidumping order will be seri-
ously undermined.’’.
SEC. 215. PROVISIONAL MEASURES.
(a) COUNTERVAILING DUTIES.—
(1) SUSPENSION
OF
LIQUIDATION.—Section
703(d) (19 U.S.C. 1671b(d)) is amended—
(A) in paragraph (1), by striking ‘‘ware-
house’’ and all that follows through ‘‘Register,’’
and inserting ‘‘warehouse, for consumption on
or after the later of—
‘‘(A) the date on which notice of the deter-
mination is published in the Federal Register,
or
106
‘‘(B) the date that is 60 days after the
date on which notice of the determination to
initiate the investigation is published in the
Federal Register,’’; and
(B) by adding at the end the following:
‘‘The instructions of the administering authority under
paragraphs (1) and (2) may not remain in effect for more
than 4 months.’’.
(2) CRITICAL CIRCUMSTANCES CASES.—Section
703(e)(2) (19 U.S.C. 1671b(e)(2)) is amended by
striking ‘‘warehouse, for consumption on or after the
date which is 90 days before the date on which sus-
pension of liquidation was first ordered.’’ and insert-
ing ‘‘warehouse, for consumption on or after the
later of—
‘‘(A) the date which is 90 days before the
date on which the suspension of liquidation was
first ordered, or
‘‘(B) the date on which notice of the deter-
mination to initiate the investigation is pub-
lished in the Federal Register.’’.
(b) ANTIDUMPING DUTIES.—
(1) SUSPENSION
OF
LIQUIDATION.—Section
733(d) (19 U.S.C. 1673b(d)) is amended—
107
(A) in paragraph (1), by striking ‘‘ware-
house’’ and all that follows through ‘‘Register,’’
and inserting ‘‘warehouse, for consumption on
or after the later of—
‘‘(A) the date on which notice of the deter-
mination is published in the Federal Register,
or
‘‘(B) the date that is 60 days after the
date on which notice of the determination to
initiate the investigation is published in the
Federal Register,’’; and
(B) by adding at the end the following:
‘‘The instructions of the administering authority under
paragraphs (1) and (2) may not remain in effect for more
than 4 months, except that the administering authority
may, at the request of exporters representing a significant
proportion of exports of the subject merchandise, extend
that 4-month period to not more than 6 months.’’.
(2) CRITICAL CIRCUMSTANCES CASES.—Section
733(e)(2) (19 U.S.C. 1673b(e)(2)) is amended by
striking ‘‘warehouse, for consumption on or after the
date which is 90 days before the date on which sus-
pension of liquidation was first ordered.’’ and insert-
ing ‘‘warehouse, for consumption on or after the
later of—
108
‘‘(A) the date which is 90 days before the
date on which the suspension of liquidation was
first ordered, or
‘‘(B) the date on which notice of the deter-
mination to initiate the investigation is pub-
lished in the Federal Register.’’.
SEC. 216. CONDITIONS ON ACCEPTANCE OF SUSPENSION
AGREEMENTS.
(a) COUNTERVAILING DUTIES.—Section 704(d)(1)
(19 U.S.C. 1671c(d)(1)) is amended by striking ‘‘In apply-
ing’’ and inserting the following:
‘‘Where practicable, the administering authority
shall provide to the exporters who would have been
subject to the agreement the reasons for not accept-
ing the agreement and, to the extent possible, an op-
portunity to submit comments thereon. In applying’’.
(b) ANTIDUMPING
DUTIES.—Section 734(d) (19
U.S.C. 1673c(d)) is amended by adding at the end the
following flush sentence:
‘‘Where practicable, the administering authority shall pro-
vide to the exporters who would have been subject to the
agreement the reasons for not accepting the agreement
and, to the extent possible, an opportunity to submit com-
ments thereon.’’.
109
SEC. 217. TERMINATION OF INVESTIGATION.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Sec-
tion 704(a)(1) (19 U.S.C. 1671c(a)(1)) is amended—
(1) by striking ‘‘Except’’ and inserting ‘‘(A)
WITHDRAWAL OF PETITION.—Except’’;
(2) by indenting the text so as to align it with
subparagraph (B) (as added by paragraph (3) of
this subsection); and
(3) by adding at the end the following:
‘‘(B) REFILING OF PETITION.—If, within 3
months after the withdrawal of a petition under
subparagraph (A), a new petition is filed seek-
ing the imposition of duties on both the subject
merchandise of the withdrawn petition and the
subject merchandise from another country, the
administering authority and the Commission
may use in the investigation initiated pursuant
to the new petition any records compiled in an
investigation conducted pursuant to the with-
drawn petition. This subparagraph applies only
with respect to the first withdrawal of a peti-
tion.’’.
(b) ANTIDUMPING DUTY INVESTIGATIONS.—Section
734(a)(1) (19 U.S.C. 1673c(a)(1)) is amended—
(1) by striking ‘‘Except’’ and inserting ‘‘(A)
WITHDRAWAL OF PETITION.—Except’’;
110
(2) by indenting the text so as to align it with
subparagraph (B) (as added by paragraph (3) of
this subsection); and
(3) by adding at the end the following:
‘‘(B) REFILING OF PETITION.—If, within 3
months after the withdrawal of a petition under
subparagraph (A), a new petition is filed seek-
ing the imposition of duties on both the subject
merchandise of the withdrawn petition and the
subject merchandise from another country, the
administering authority and the Commission
may use in the investigation initiated pursuant
to the new petition any records compiled in an
investigation conducted pursuant to the with-
drawn petition. This subparagraph applies only
with respect to the first withdrawal of a peti-
tion.’’.
SEC. 218. SPECIAL RULES FOR REGIONAL INDUSTRIES.
(a) SUSPENSION AGREEMENTS.—
(1) COUNTERVAILING DUTY INVESTIGATIONS.—
Section 704 (19 U.S.C. 1671c) is amended by add-
ing at the end the following new subsection:
‘‘(l) SPECIAL RULE FOR REGIONAL INDUSTRY IN-
VESTIGATIONS.—
111
‘‘(1) SUSPENSION AGREEMENTS.—If the Com-
mission makes a regional industry determination
under section 771(4)(C), the administering authority
shall offer exporters of the subject merchandise who
account for substantially all exports of that mer-
chandise for sale in the region concerned the oppor-
tunity to enter into an agreement described in sub-
section (b) or (c).
‘‘(2) REQUIREMENTS FOR SUSPENSION AGREE-
MENTS.—Any agreement described in paragraph (1)
shall be subject to all the requirements imposed
under this section for other agreements under sub-
section (b) or (c), except that if the Commission
makes a regional industry determination described
in paragraph (1) in the final affirmative determina-
tion under section 705(b) but not in the preliminary
affirmative determination under section 703(a), any
agreement described in paragraph (1) may be ac-
cepted within 60 days after the countervailing duty
order is published under section 706.
‘‘(3) EFFECT OF SUSPENSION AGREEMENT ON
COUNTERVAILING
DUTY
ORDER.—If an agreement
described in paragraph (1) is accepted after the
countervailing duty order is published, the admin-
istering authority shall rescind the order, refund any
112
cash deposit and release any bond or other security
deposited under section 703(d)(1)(B), and instruct
the Customs Service that entries of the subject mer-
chandise that were made during the period that the
order was in effect shall be liquidated without regard
to countervailing duties.’’.
(2) ANTIDUMPING
INVESTIGATIONS.—Section
734 (19 U.S.C. 1673c) is amended by adding at the
end the following new subsection:
‘‘(m) SPECIAL RULE FOR REGIONAL INDUSTRY IN-
VESTIGATIONS.—
‘‘(1) SUSPENSION AGREEMENTS.—If the Com-
mission makes a regional industry determination
under section 771(4)(C), the administering authority
shall offer exporters of the subject merchandise who
account for substantially all exports of that mer-
chandise for sale in the region concerned the oppor-
tunity to enter into an agreement described in sub-
section (b), (c), or (l).
‘‘(2) REQUIREMENTS FOR SUSPENSION AGREE-
MENTS.—Any agreement described in paragraph (1)
shall be subject to all the requirements imposed
under this section for other agreements under sub-
section (b), (c), or (l), except that if the Commission
makes a regional industry determination described
113
in paragraph (1) in the final affirmative determina-
tion under section 735(b) but not in the preliminary
affirmative determination under section 733(a), any
agreement described in paragraph (1) may be ac-
cepted within 60 days after the antidumping order
is published under section 736.
‘‘(3) EFFECT OF SUSPENSION AGREEMENT ON
ANTIDUMPING DUTY ORDER.—If an agreement de-
scribed in paragraph (1) is accepted after the anti-
dumping duty order is published, the administering
authority shall rescind the order, refund any cash
deposit and release any bond or other security de-
posited under section 733(d)(1)(B), and instruct the
Customs Service that entries of the subject merchan-
dise that were made during the period that the order
was in effect shall be liquidated without regard to
antidumping duties.’’.
(b) APPLICABILITY
OF ORDERS
TO NEW SHIP-
PERS.—
(1) COUNTERVAILING
DUTY
CASES.—Section
706 (19 U.S.C. 1671e) is amended by adding at the
end the following new subsection:
‘‘(c) SPECIAL RULE FOR REGIONAL INDUSTRIES.—
‘‘(1) IN GENERAL.—In an investigation under
this subtitle in which the Commission makes a re-
114
gional 
industry 
determination 
under 
section
771(4)(C), the administering authority shall, to the
maximum extent possible, direct that duties be as-
sessed only on the subject merchandise of the spe-
cific exporters or producers that exported the subject
merchandise for sale in the region concerned during
the period of investigation.
‘‘(2) EXCEPTION
FOR
NEW
EXPORTERS
AND
PRODUCERS.—After publication of the countervailing
duty order, if the administering authority finds that
a new exporter or producer is exporting the subject
merchandise for sale in the region concerned, the ad-
ministering authority shall direct that duties be as-
sessed on the subject merchandise of the new ex-
porter or producer consistent with the provisions of
section 751(a)(2)(B).’’.
(2) ANTIDUMPING DUTY CASES.—Section 736
(19 U.S.C. 1673e) is amended by adding at the end
the following new subsection:
‘‘(d) SPECIAL RULE FOR REGIONAL INDUSTRIES.—
‘‘(1) IN
GENERAL.—In an investigation in
which the Commission makes a regional industry de-
termination under section 771(4)(C), the administer-
ing authority shall, to the maximum extent possible,
direct that duties be assessed only on the subject
115
merchandise of the specific exporters or producers
that exported the subject merchandise for sale in the
region concerned during the period of investigation.
‘‘(2) EXCEPTION
FOR
NEW
EXPORTERS
AND
PRODUCERS.—After publication of the antidumping
duty order, if the administering authority finds that
a new exporter or producer is exporting the subject
merchandise for sale in the region concerned, the ad-
ministering authority shall direct that duties be as-
sessed on the subject merchandise of the new ex-
porter or producer consistent with the provisions of
section 751(a)(2)(B).’’.
SEC. 219. DETERMINATION OF WEIGHTED AVERAGE DUMP-
ING MARGIN.
(a) PRELIMINARY DETERMINATION.—
(1) IN GENERAL.—Section 733(d) (19 U.S.C.
1673b(d)) is amended—
(A) by striking paragraph (2);
(B) by redesignating paragraph (1), as
amended by section 215(b)(1)(A), as paragraph
(2);
(C) by inserting ‘‘and’’ at the end of para-
graph (2), as so redesignated; and
(D) by inserting before such paragraph (2)
the following new paragraph:
116
‘‘(1)(A) shall—
‘‘(i) determine an estimated weighted aver-
age dumping margin for each exporter and pro-
ducer individually investigated, and
‘‘(ii) determine, in accordance with section
735(c)(5), an estimated all-others rate for all
exporters and producers not individually inves-
tigated, and
‘‘(B) shall order the posting of a cash deposit,
bond, or other security, as the administering author-
ity deems appropriate, for each entry of the subject
merchandise in an amount based on the estimated
weighted average dumping margin or the estimated
all-others rate, whichever is applicable,’’.
(2) 
CONFORMING
AMENDMENTS.—Section
733(b)(1)(A) (19 U.S.C. 1673b(b)(1)(A)) is amend-
ed by striking the last sentence.
(b) FINAL DETERMINATION.—
(1) 
IN
GENERAL.—Section 
735(c)(1) 
(19
U.S.C. 1673d(c)(1)) is amended—
(A) in subparagraph (B)—
(i) by redesignating such subpara-
graph as subparagraph (C); and
(ii) by striking ‘‘under paragraphs (1)
and (2)’’ and all that follows through ‘‘se-
117
curity’’ and inserting ‘‘the suspension of
liquidation under section 733(d)(2)’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (A); and
(C) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B)(i) the administering authority shall—
‘‘(I) determine the estimated weighted
average dumping margin for each exporter
and producer individually investigated, and
‘‘(II) determine, in accordance with
paragraph (5), the estimated all-others
rate for all exporters and producers not in-
dividually investigated, and
‘‘(ii) the administering authority shall
order the posting of a cash deposit, bond, or
other security, as the administering authority
deems appropriate, for each entry of the subject
merchandise in an amount based on the esti-
mated weighted average dumping margin or the
estimated all-others rate, whichever is applica-
ble, and’’.
(2) METHOD FOR DETERMINING WEIGHTED AV-
ERAGE
DUMPING
MARGIN.—Section 735(c) (19
118
U.S.C. 1673d(c)) is amended by adding at the end
the following new paragraph:
‘‘(5) METHOD FOR DETERMINING ESTIMATED
ALL-OTHERS RATE.—
‘‘(A) GENERAL
RULE.—For purposes of
this subsection and section 733(d), the esti-
mated all-others rate shall be an amount equal
to the weighted average of the estimated
weighted average dumping margins established
for exporters and producers individually inves-
tigated, excluding any zero and de minimis
margins, and any margins determined entirely
under section 776.
‘‘(B) 
EXCEPTION.—If 
the 
estimated
weighted average dumping margins established
for all exporters and producers individually in-
vestigated are zero or de minimis margins, or
are determined entirely under section 776, the
administering authority may use any reasonable
method to establish the estimated all-others
rate for exporters and producers not individ-
ually investigated, including averaging the esti-
mated weighted average dumping margins de-
termined for the exporters and producers indi-
vidually investigated.’’.
119
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 733(e)(2) is amended by striking
‘‘subsection 
(d)(1)’’ 
and 
inserting 
‘‘subsection
(d)(2)’’.
(2) Section 734(f)(2)(A) is amended—
(A) in clause (i), by striking ‘‘section
733(d)(1)’’ and inserting ‘‘section 733(d)(2)’’;
and
(B) in clause (iii), by striking ‘‘section
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
(3) Section 734(f)(2)(B) is amended—
(A) by striking ‘‘section 733(d)(1)’’ and in-
serting ‘‘section 733(d)(2)’’; and
(B) by striking ‘‘section 733(d)(2)’’ and
inserting ‘‘section 733(d)(1)(B)’’.
(4) Section 734(h)(3) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
733(d)(1)’’ 
and 
inserting 
‘‘section
733(d)(2)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
120
(5) Section 734(i)(1)(A) is amended by striking
‘‘section 
733(d)(1)’’ 
and 
inserting 
‘‘section
733(d)(2)’’.
(6) Section 735(c)(2)(A) is amended by striking
‘‘section 
703(d)(1)’’ 
and 
inserting 
‘‘section
733(d)(2)’’.
(7) Section 735(c)(2)(B) is amended by striking
‘‘section 
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
(8) Section 735(c)(3)(B) is amended by striking
‘‘section 
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
(9) Section 736(b)(1) is amended by striking
‘‘section 733(d)(1)’’ each place it appears and in-
serting ‘‘section 733(d)(2)’’.
(10) Section 737(a) is amended by striking
‘‘section 733(d)(2)’’ each place it appears in the
heading and in the text and inserting ‘‘section
733(d)(1)(B)’’.
SEC. 220. REVIEW OF DETERMINATIONS.
(a) IN GENERAL.—Section 751 (19 U.S.C. 1675) is
amended to read as follows:
‘‘SEC. 751. ADMINISTRATIVE REVIEW OF DETERMINATIONS.
‘‘(a) PERIODIC REVIEW OF AMOUNT OF DUTY.—
121
‘‘(1) IN GENERAL.—At least once during each
12-month period beginning on the anniversary of the
date of publication of a countervailing duty order
under this title or under section 303 of this Act, an
antidumping duty order under this title or a finding
under the Antidumping Act, 1921, or a notice of the
suspension of an investigation, the administering au-
thority, if a request for such a review has been re-
ceived and after publication of notice of such review
in the Federal Register, shall—
‘‘(A) review and determine the amount of
any net countervailable subsidy,
‘‘(B) review, and determine (in accordance
with paragraph (2)), the amount of any anti-
dumping duty, and
‘‘(C) review the current status of, and
compliance with, any agreement by reason of
which an investigation was suspended, and re-
view the amount of any net countervailable sub-
sidy or dumping margin involved in the agree-
ment,
and shall publish in the Federal Register the results
of such review, together with notice of any duty to
be assessed, estimated duty to be deposited, or inves-
tigation to be resumed.
122
‘‘(2) DETERMINATION
OF
ANTIDUMPING
DU-
TIES.—
‘‘(A) IN
GENERAL.—For the purpose of
paragraph (1)(B), the administering authority
shall determine—
‘‘(i) the normal value and export price
(or constructed export price) of each entry
of the subject merchandise, and
‘‘(ii) the dumping margin for each
such entry.
‘‘(B) DETERMINATION
OF
ANTIDUMPING
OR
COUNTERVAILING
DUTIES
FOR
NEW
EX-
PORTERS AND PRODUCERS.—
‘‘(i) IN GENERAL.—If the administer-
ing authority receives a request from an
exporter or producer of the subject mer-
chandise establishing that—
‘‘(I) such exporter or producer
did not export the merchandise that
was the subject of an antidumping
duty or countervailing duty order to
the United States (or, in the case of
a regional industry, did not export the
subject merchandise for sale in the re-
123
gion concerned) during the period of
investigation, and
‘‘(II) such exporter or producer
is not affiliated (within the meaning
of section 771(33)) with any exporter
or producer who exported the subject
merchandise to the United States (or
in the case of a regional industry, who
exported the subject merchandise for
sale in the region concerned) during
that period,
the administering authority shall conduct a
review under this subsection to establish
an individual weighted average dumping
margin or an individual countervailing
duty rate (as the case may be) for such ex-
porter or producer.
‘‘(ii) 
TIME
FOR
REVIEW
UNDER
CLAUSE (i).—The administering authority
shall commence a review under clause (i)
in the calendar month beginning after—
‘‘(I) the end of the 6-month pe-
riod beginning on the date of the
countervailing duty or antidumping
duty order under review, or
124
‘‘(II) the end of any 6-month pe-
riod occurring thereafter,
if the request for the review is made dur-
ing that 6-month period.
‘‘(iii) POSTING BOND OR SECURITY.—
The administering authority shall, at the
time a review under this subparagraph is
initiated, direct the Customs Service to
allow, at the option of the importer, the
posting, until the completion of the review,
of a bond or security in lieu of a cash de-
posit for each entry of the subject mer-
chandise.
‘‘(iv) TIME LIMITS.—The administer-
ing authority shall make a preliminary de-
termination in a review conducted under
this subparagraph within 180 days after
the date on which the review is initiated,
and a final determination within 90 days
after the date the preliminary determina-
tion is issued, except that if the admin-
istering authority concludes that the case
is extraordinarily complicated, it may ex-
tend the 180-day period to 300 days and
may extend the 90-day period to 150 days.
125
‘‘(C) RESULTS OF DETERMINATIONS.—The
determination under this paragraph shall be the
basis for the assessment of countervailing or
antidumping duties on entries of merchandise
covered by the determination and for deposits
of estimated duties.
‘‘(3) TIME LIMITS.—
‘‘(A) PRELIMINARY
AND
FINAL
DETER-
MINATIONS.—The administering authority shall
make a preliminary determination under sub-
paragraph (A), (B), or (C) of paragraph (1)
within 245 days after the last day of the month
in which occurs the anniversary of the date of
publication of the order, finding, or suspension
agreement for which the review under para-
graph (1) is requested, and a final determina-
tion under paragraph (1) within 120 days after
the date on which the preliminary determina-
tion is published. If it is not practicable to com-
plete the review within the foregoing time, the
administering authority may extend that 245-
day period to 365 days and may extend that
120-day period to 180 days. The administering
authority may extend the time for making a
final determination without extending the time
126
for making a preliminary determination, if such
final determination is made not later than 300
days after the date on which the preliminary
determination is published.
‘‘(B) LIQUIDATION
OF
ENTRIES.—If the
administering authority orders any liquidation
of entries pursuant to a review under paragraph
(1), such liquidation shall be made promptly
and, to the greatest extent practicable, within
90 days after the instructions to Customs are
issued. In any case in which liquidation has not
occurred within that 90-day period, the Sec-
retary of the Treasury shall, upon the request
of the affected party, provide an explanation
thereof.
‘‘(C) EFFECT OF PENDING REVIEW UNDER
SECTION 516A.—In a case in which a final de-
termination under paragraph (1) is under re-
view under section 516A and a liquidation of
entries covered by the determination is enjoined
under section 516A(c)(2) or suspended under
section 516A(g)(5)(C), the administering au-
thority shall, within 10 days after the final dis-
position of the review under section 516A,
transmit to the Federal Register for publication
127
the final disposition and issue instructions to
the Customs Service with respect to the liquida-
tion of entries pursuant to the review. In such
a case, the 90-day period referred to in sub-
paragraph (B) shall begin on the day on which
the administering authority issues such instruc-
tions.
‘‘(4) ABSORPTION OF ANTIDUMPING DUTIES.—
During any review under this subsection initiated 2
years or 4 years after the publication of an anti-
dumping duty order under section 736(a), the ad-
ministering authority, if requested, shall determine
whether antidumping duties have been absorbed by
a foreign producer or exporter subject to the order
if the subject merchandise is sold in the United
States through an importer who is affiliated with
such foreign producer or exporter. The administer-
ing authority shall notify the Commission of its find-
ings regarding such duty absorption for the Commis-
sion to consider in conducting a review under sub-
section (c).
‘‘(b) 
REVIEWS
BASED
ON
CHANGED
CIR-
CUMSTANCES.—
‘‘(1) IN GENERAL.—Whenever the administer-
ing authority or the Commission receives informa-
128
tion concerning, or a request from an interested
party for a review of—
‘‘(A) a final affirmative determination that
resulted in an antidumping duty order under
this title or a finding under the Antidumping
Act, 1921, or in a countervailing duty order
under this title or section 303,
‘‘(B) a suspension agreement accepted
under section 704 or 734, or
‘‘(C) a final affirmative determination re-
sulting from an investigation continued pursu-
ant to section 704(g) or 734(g),
which shows changed circumstances sufficient to
warrant a review of such determination or agree-
ment, the administering authority or the Commis-
sion (as the case may be) shall conduct a review of
the determination or agreement after publishing no-
tice of the review in the Federal Register.
‘‘(2) COMMISSION
REVIEW.—In conducting a
review under this subsection, the Commission
shall—
‘‘(A) in the case of a countervailing duty
order or antidumping duty order or finding, de-
termine whether revocation of the order or find-
129
ing is likely to lead to continuation or recur-
rence of material injury,
‘‘(B) in the case of a determination made
pursuant to section 704(h)(2) or 734(h)(2), de-
termine whether the suspension agreement con-
tinues to eliminate completely the injurious ef-
fects of imports of the subject merchandise, and
‘‘(C) in the case of an affirmative deter-
mination resulting from an investigation contin-
ued under section 704(g) or 734(g), determine
whether termination of the suspended investiga-
tion is likely to lead to continuation or recur-
rence of material injury.
‘‘(3) BURDEN OF PERSUASION.—During a re-
view conducted by the Commission under this sub-
section—
‘‘(A) the party seeking revocation of an
order or finding described in paragraph (1)(A)
shall have the burden of persuasion with respect
to whether there are changed circumstances
sufficient to warrant such revocation, and
‘‘(B) the party seeking termination of a
suspended investigation or a suspension agree-
ment shall have the burden of persuasion with
respect to whether there are changed cir-
130
cumstances sufficient to warrant such termi-
nation.
‘‘(4) LIMITATION ON PERIOD FOR REVIEW.—In
the absence of good cause shown—
‘‘(A) the Commission may not review a de-
termination made under section 705(b) or
735(b), or an investigation suspended under
section 704 or 734, and
‘‘(B) the administering authority may not
review a determination made under section
705(a) or 735(a), or an investigation suspended
under section 704 or 734,
less than 24 months after the date of publication of
notice of that determination or suspension.
‘‘(c) FIVE-YEAR REVIEW.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b) and except in the case of a transition order de-
fined in paragraph (6), 5 years after the date of
publication of—
‘‘(A) a countervailing duty order (other
than a countervailing duty order to which sub-
paragraph (B) applies or which was issued
without an affirmative determination of injury
by the Commission under section 303), an anti-
dumping duty order, or a notice of suspension
131
of an investigation, described in subsection
(a)(1),
‘‘(B) a notice of injury determination
under section 753 with respect to a countervail-
ing duty order, or
‘‘(C) a determination under this section to
continue an order or suspension agreement,
the administering authority and the Commission
shall conduct a review to determine, in accordance
with section 752, whether revocation of the counter-
vailing or antidumping duty order or termination of
the investigation suspended under section 704 or
734 would be likely to lead to continuation or recur-
rence of dumping or a countervailable subsidy (as
the case may be) and of material injury.
‘‘(2) NOTICE OF INITIATION OF REVIEW.—Not
later than 30 days before the fifth anniversary of the
date described in paragraph (1), the administering
authority shall publish in the Federal Register a no-
tice of initiation of a review under this subsection
and request that interested parties submit—
‘‘(A) a statement expressing their willing-
ness to participate in the review by providing
information requested by the administering au-
thority and the Commission,
132
‘‘(B) a statement regarding the likely ef-
fects of revocation of the order or termination
of the suspended investigation, and
‘‘(C) such other information or industry
data as the administering authority or the Com-
mission may specify.
‘‘(3) RESPONSES TO NOTICE OF INITIATION.—
‘‘(A) NO
RESPONSE.—If no interested
party responds to the notice of initiation under
this subsection, the administering authority
shall issue a final determination, within 90 days
after the initiation of a review, revoking the
order or terminating the suspended investiga-
tion to which such notice relates. For purposes
of this paragraph, an interested party means a
party described in section 771(9) (C), (D), (E),
(F), or (G).
‘‘(B) INADEQUATE
RESPONSE.—If inter-
ested parties provide inadequate responses to a
notice of initiation, the administering authority,
within 120 days after the initiation of the re-
view, or the Commission, within 150 days after
such initiation, may issue, without further in-
vestigation, a final determination based on the
facts available, in accordance with section 776.
133
‘‘(4) WAIVER OF PARTICIPATION BY CERTAIN
INTERESTED PARTIES.—
‘‘(A) IN
GENERAL.—An interested party
described in section 771(9) (A) or (B) may
elect not to participate in a review conducted by
the administering authority under this sub-
section and to participate only in the review
conducted by the Commission under this sub-
section.
‘‘(B) EFFECT OF WAIVER.—In a review in
which an interested party waives its participa-
tion pursuant to this paragraph, the admin-
istering authority shall conclude that revocation
of the order or termination of the investigation
would be likely to lead to continuation or recur-
rence of dumping or a countervailable subsidy
(as the case may be) with respect to that inter-
ested party.
‘‘(5) CONDUCT OF REVIEW.—
‘‘(A) TIME LIMITS FOR COMPLETION OF
REVIEW.—Unless the review has been com-
pleted pursuant to paragraph (3) or paragraph
(4) applies, the administering authority shall
make its final determination pursuant to sec-
tion 752 (b) or (c) within 240 days after the
134
date on which a review is initiated under this
subsection. If the administering authority
makes a final affirmative determination, the
Commission shall make its final determination
pursuant to section 752(a) within 360 days
after the date on which a review is initiated
under this subsection.
‘‘(B) EXTENSION
OF
TIME
LIMIT.—The
administering authority or the Commission (as
the case may be) may extend the period of time
for making their respective determinations
under this subsection by not more than 90
days, if the administering authority or the Com-
mission (as the case may be) determines that
the review is extraordinarily complicated. In a
review in which the administering authority ex-
tends the time for making a final determina-
tion, but the Commission does not extend the
time for making a determination, the Commis-
sion’s determination shall be made not later
than 120 days after the date on which the final
determination of the administering authority is
published.
‘‘(C) EXTRAORDINARILY COMPLICATED.—
For purposes of this subsection, the administer-
135
ing authority or the Commission (as the case
may be) may treat a review as extraordinarily
complicated if—
‘‘(i) there is a large number of issues,
‘‘(ii) the issues to be considered are
complex,
‘‘(iii) there is a large number of firms
involved,
‘‘(iv) the orders or suspended inves-
tigations have been grouped as described
in subparagraph (D), or
‘‘(v) it is a review of a transition
order.
‘‘(D) GROUPED REVIEWS.—The Commis-
sion, in consultation with the administering au-
thority, may group orders or suspended inves-
tigations for review if it considers that such
grouping is appropriate and will promote ad-
ministrative efficiency. Where orders or sus-
pended investigations have been grouped, the
Commission shall, subject to subparagraph (B),
make its final determination under this sub-
section not later than 120 days after the date
that the administering authority publishes no-
136
tice of its final determination with respect to
the last order or agreement in the group.
‘‘(6) SPECIAL TRANSITION RULES.—
‘‘(A) SCHEDULE FOR REVIEWS OF TRANSI-
TION ORDERS.—
‘‘(i) INITIATION.—The administering
authority shall begin its review of transi-
tion orders in the 42d calendar month
after the date such orders are issued. A re-
view of all transition orders shall be initi-
ated not later than the 5th anniversary
after the date such orders are issued.
‘‘(ii) COMPLETION.—A review of a
transition order shall be completed not
later than 18 months after the date such
review is initiated. Reviews of all transition
orders shall be completed not later than 18
months after the 5th anniversary of the
date such orders are issued.
‘‘(iii) SUBSEQUENT
REVIEWS.—The
time limits set forth in clauses (i) and (ii)
shall be applied to all subsequent 5-year
reviews of transition orders by substituting
‘date of the determination to continue such
orders’ for ‘date such orders are issued’.
137
‘‘(iv) 
REVOCATION
AND
TERMI-
NATION.—No transition order may be re-
voked under this subsection before the date
that is 5 years after the date the WTO
Agreement enters into force with respect to
the United States.
‘‘(B) SEQUENCE
OF
TRANSITION
RE-
VIEWS.—The administering authority, in con-
sultation with the Commission, shall determine
such sequence of review of transition orders as
it deems appropriate to promote administrative
efficiency. To the extent practicable, older or-
ders shall be reviewed first.
‘‘(C) 
DEFINITION
OF
TRANSITION
ORDER.—For purposes of this section, the term
‘transition order’ means—
‘‘(i) a countervailing duty order under
this title or under section 303,
‘‘(ii) an antidumping duty order under
this title or a finding under the Antidump-
ing Act, 1921, or
‘‘(iii) a suspension of an investigation
under section 704 or 734,
138
which is in effect on the date the WTO Agree-
ment enters into force with respect to the Unit-
ed States.
‘‘(D) ISSUE
DATE
FOR
TRANSITION
OR-
DERS.—For purposes of this subsection, a tran-
sition order shall be treated as issued on the
date the WTO Agreement enters into force with
respect to the United States, if such order is
based on an investigation conducted by both the
administering authority and the Commission.
‘‘(d) REVOCATION OF ORDER OR FINDING; TERMI-
NATION OF SUSPENDED INVESTIGATION.—
‘‘(1) IN GENERAL.—The administering author-
ity may revoke, in whole or in part, a countervailing
duty order or an antidumping duty order or finding,
or terminate a suspended investigation, after review
under subsection (a) or (b). The administering au-
thority shall not revoke, in whole or in part, a coun-
tervailing duty order or terminate a suspended in-
vestigation on the basis of any export taxes, duties,
or other charges levied on the export of the subject
merchandise to the United States which are specifi-
cally intended to offset the countervailable subsidy
received.
139
‘‘(2) FIVE-YEAR REVIEWS.—In the case of a re-
view conducted under subsection (c), the administer-
ing authority shall revoke a countervailing duty
order or an antidumping duty order or finding, or
terminate a suspended investigation, unless—
‘‘(A) the administering authority makes a
determination 
that 
dumping 
or 
a
countervailable subsidy, as the case may be,
would be likely to continue or recur, and
‘‘(B) the Commission makes a determina-
tion that material injury would be likely to con-
tinue or recur as described in section 752(a).
‘‘(3) APPLICATION OF REVOCATION OR TERMI-
NATION.—A determination under this section to re-
voke an order or finding or terminate a suspended
investigation shall apply with respect to unliquidated
entries of the subject merchandise which are en-
tered, or withdrawn from warehouse, for consump-
tion on or after the date determined by the admin-
istering authority.
‘‘(e) HEARINGS.—Whenever the administering au-
thority or the Commission conducts a review under this
section, it shall, upon the request of an interested party,
hold a hearing in accordance with section 774(b) in con-
nection with that review.
140
‘‘(f) DETERMINATION THAT BASIS FOR SUSPENSION
NO LONGER EXISTS.—If the determination of the Com-
mission under subsection (b)(2)(B) is negative, the sus-
pension agreement shall be treated as not accepted, begin-
ning on the date of publication of the Commission’s deter-
mination, and the administering authority and the Com-
mission shall proceed, under section 704(i) or 734(i), as
if the suspension agreement had been violated on that
date, except that no duty under any order subsequently
issued shall be assessed on merchandise entered, or with-
drawn from warehouse, for consumption before that date.
‘‘(g) CORRECTION OF MINISTERIAL ERRORS.—The
administering authority shall establish procedures for the
correction of ministerial errors in final determinations
within a reasonable time after the determinations are is-
sued under this section. Such procedures shall ensure op-
portunity for interested parties to present their views re-
garding any such errors. As used in this subsection, the
term ‘ministerial error’ includes errors in addition, sub-
traction, or other arithmetic function, clerical errors re-
sulting from inaccurate copying, duplication, or the like,
and any other type of unintentional error which the ad-
ministering authority considers ministerial.’’.
(b) REVIEW OF DETERMINATIONS.—
141
(1) IN
GENERAL.—Section 516A(a)(1) (19
U.S.C. 1516A(a)(1)) is amended by striking ‘‘or’’ at
the end of subparagraph (B), by inserting ‘‘or’’ at
the end of subparagraph (C), and by inserting im-
mediately after subparagraph (C) the following new
subparagraph:
‘‘(D) a final determination by the admin-
istering authority or the Commission under sec-
tion 751(c)(3),’’.
(2) 
TECHNICAL
AMENDMENTS.—Section
516A(b)(1) (19 U.S.C. 1516a(b)(1)) is amended—
(A) in subparagraph (A), by striking
‘‘under paragraph (1) of subsection (a)’’ and in-
serting ‘‘under subparagraph (A), (B), or (C) of
subsection (a)(1)’’, and
(B) in subparagraph (B)—
(i) by striking ‘‘(B) in an action’’ and
inserting ‘‘(B)(i) in an action’’,
(ii) by striking the end period and in-
serting ‘‘, or’’, and
(iii) by adding at the end the follow-
ing:
‘‘(ii) in an action brought under para-
graph (1)(D) of subsection (a), to be arbi-
142
trary, capricious, an abuse of discretion, or
otherwise not in accordance with law.’’.
(c) CONFORMING AMENDMENT.—Section 504 (19
U.S.C. 1504) is amended—
(1) in subsection (a), by inserting ‘‘except as
provided in section 751(a)(3),’’ before ‘‘an entry of
merchandise not liquidated’’, and
(2) in subsection (d), by striking ‘‘When a sus-
pension’’ and inserting ‘‘Except as provided in sec-
tion 751(a)(3), when a suspension’’.
SEC. 221. REVIEW DETERMINATIONS.
(a) IN GENERAL.—Chapter 1 of subtitle C of title
VII (19 U.S.C. 1675) is amended by adding at the end
the following new section:
‘‘SEC. 752. SPECIAL RULES FOR SECTION 751(b) AND 751(c)
REVIEWS.
‘‘(a) DETERMINATION OF LIKELIHOOD OF CONTINU-
ATION OR RECURRENCE OF MATERIAL INJURY.—
‘‘(1) IN
GENERAL.—In a review conducted
under section 751 (b) or (c), the Commission shall
determine whether revocation of an order, or termi-
nation of a suspended investigation, would be likely
to lead to continuation or recurrence of material in-
jury within a reasonably foreseeable time. The Com-
mission shall consider the likely volume, price effect,
143
and impact of imports of the subject merchandise on
the industry if the order is revoked or the suspended
investigation is terminated. The Commission shall
take into account—
‘‘(A) its prior injury determinations, in-
cluding the volume, price effect, and impact of
imports of the subject merchandise on the in-
dustry before the order was issued or the sus-
pension agreement was accepted,
‘‘(B) whether any improvement in the state
of the industry is related to the order or the
suspension agreement,
‘‘(C) whether the industry is vulnerable to
material injury if the order is revoked or the
suspension agreement is terminated, and
‘‘(D) in an antidumping proceeding under
section 751(c), the findings of the administer-
ing authority regarding duty absorption under
section 751(a)(4).
‘‘(2) VOLUME.—In evaluating the likely volume
of imports of the subject merchandise if the order is
revoked or the suspended investigation is termi-
nated, the Commission shall consider whether the
likely volume of imports of the subject merchandise
would be significant if the order is revoked or the
144
suspended investigation is terminated, either in ab-
solute terms or relative to production or consump-
tion in the United States. In so doing, the Commis-
sion shall consider all relevant economic factors, in-
cluding—
‘‘(A) any likely increase in production ca-
pacity or existing unused production capacity in
the exporting country,
‘‘(B) existing inventories of the subject
merchandise, or likely increases in inventories,
‘‘(C) the existence of barriers to the impor-
tation of such merchandise into countries other
than the United States, and
‘‘(D) the potential for product-shifting if
production facilities in the foreign country,
which can be used to produce the subject mer-
chandise, are currently being used to produce
other products.
‘‘(3) PRICE.—In evaluating the likely price ef-
fects of imports of the subject merchandise if the
order is revoked or the suspended investigation is
terminated, the Commission shall consider wheth-
er—
145
‘‘(A) there is likely to be significant price
underselling by imports of the subject merchan-
dise as compared to domestic like products, and
‘‘(B) imports of the subject merchandise
are likely to enter the United States at prices
that otherwise would have a significant depress-
ing or suppressing effect on the price of domes-
tic like products.
‘‘(4) IMPACT ON THE INDUSTRY.—In evaluating
the likely impact of imports of the subject merchan-
dise on the industry if the order is revoked or the
suspended investigation is terminated, the Commis-
sion shall consider all relevant economic factors
which are likely to have a bearing on the state of the
industry in the United States, including, but not
limited to—
‘‘(A) likely declines in output, sales, mar-
ket share, profits, productivity, return on in-
vestments, and utilization of capacity,
‘‘(B) likely negative effects on cash flow,
inventories, employment, wages, growth, ability
to raise capital, and investment, and
‘‘(C) likely negative effects on the existing
development and production efforts of the in-
dustry, including efforts to develop a derivative
146
or more advanced version of the domestic like
product.
The Commission shall evaluate all relevant economic
factors described in this paragraph within the con-
text of the business cycle and the conditions of com-
petition that are distinctive to the affected industry.
‘‘(5) BASIS FOR DETERMINATION.—The pres-
ence or absence of any factor which the Commission
is required to consider under this subsection shall
not necessarily give decisive guidance with respect to
the Commission’s determination of whether material
injury is likely to continue or recur within a reason-
ably foreseeable time if the order is revoked or the
suspended investigation is terminated. In making
that determination, the Commission shall consider
that the effects of revocation or termination may not
be imminent, but may manifest themselves only over
a longer period of time.
‘‘(6) MAGNITUDE OF MARGIN OF DUMPING AND
NET
COUNTERVAILABLE
SUBSIDY; 
NATURE
OF
COUNTERVAILABLE SUBSIDY.—In making a deter-
mination under section 751 (b) or (c), the Commis-
sion may consider the magnitude of the margin of
dumping or the magnitude of the net countervailable
subsidy. If a countervailable subsidy is involved the
147
Commission shall consider information regarding the
nature of the countervailable subsidy and whether
the subsidy is a subsidy described in Article 3 or 6.1
of the Subsidies Agreement.
‘‘(7) CUMULATION.—For purposes of this sub-
section, the Commission may cumulatively assess the
volume and effect of imports of the subject merchan-
dise from all countries with respect to which reviews
under section 751 (b) or (c) were initiated on the
same day, if such imports would be likely to compete
with each other and with domestic like products in
the United States market. The Commission shall not
cumulatively assess the volume and effects of im-
ports of the subject merchandise in a case in which
it determines that such imports are likely to have no
discernible adverse impact on the domestic industry.
‘‘(8) SPECIAL
RULE
FOR
REGIONAL
INDUS-
TRIES.—In a review under section 751 (b) or (c) in-
volving a regional industry, the Commission may
base its determination on the regional industry de-
fined in the original investigation under this title,
another region that satisfies the criteria established
in section 771(4)(C), or the United States as a
whole. In determining if a regional industry analysis
is appropriate for the determination in the review,
148
the Commission shall consider whether the criteria
established in section 771(4)(C) are likely to be sat-
isfied if the order is revoked or the suspended inves-
tigation is terminated.
‘‘(b) DETERMINATION OF LIKELIHOOD OF CONTINU-
ATION OR RECURRENCE OF A COUNTERVAILABLE SUB-
SIDY.—
‘‘(1) IN
GENERAL.—In a review conducted
under section 751(c), the administering authority
shall determine whether revocation of a countervail-
ing duty order or termination of a suspended inves-
tigation under section 704 would be likely to lead to
continuation or recurrence of a countervailable sub-
sidy. The administering authority shall consider—
‘‘(A) the net countervailable subsidy deter-
mined in the investigation and subsequent re-
views, and
‘‘(B) whether any change in the program
which gave rise to the net countervailable sub-
sidy described in subparagraph (A) has oc-
curred that is likely to affect that net
countervailable subsidy.
‘‘(2) CONSIDERATION OF OTHER FACTORS.—If
good cause is shown, the administering authority
shall also consider—
149
‘‘(A) programs determined to provide
countervailable subsidies in other investigations
or reviews under this title, but only to the ex-
tent that such programs—
‘‘(i) can potentially be used by the ex-
porters or producers subject to the review
under section 751(c), and
‘‘(ii) did not exist at the time that the
countervailing duty order was issued or the
suspension agreement was accepted, and
‘‘(B) programs newly alleged to provide
countervailable subsidies but only to the extent
that the administering authority makes an af-
firmative countervailing duty determination
with respect to such programs and with respect
to the exporters or producers subject to the re-
view.
‘‘(3) NET
COUNTERVAILABLE
SUBSIDY.—The
administering authority shall provide to the Commis-
sion the net countervailable subsidy that is likely to
prevail if the order is revoked or the suspended in-
vestigation is terminated. The administering author-
ity shall normally choose a net countervailable sub-
sidy that was determined under section 705 or sub-
section (a) or (b)(1) of section 751.
150
‘‘(4) SPECIAL RULE.—
‘‘(A) TREATMENT
OF
ZERO
AND
DE
MINIMIS RATES.—A net countervailable subsidy
described in paragraph (1)(A) that is zero or de
minimis shall not by itself require the admin-
istering authority to determine that revocation
of a countervailing duty order or termination of
a suspended investigation would not be likely to
lead to continuation or recurrence of a
countervailable subsidy.
‘‘(B) APPLICATION OF DE MINIMIS STAND-
ARDS.—For purposes of this paragraph, the ad-
ministering authority shall apply the de minimis
standards applicable to reviews conducted under
subsections (a) and (b)(1) of section 751.
‘‘(c) DETERMINATION OF LIKELIHOOD OF CONTINU-
ATION OR RECURRENCE OF DUMPING.—
‘‘(1) IN
GENERAL.—In a review conducted
under section 751(c), the administering authority
shall determine whether revocation of an antidump-
ing duty order or termination of a suspended inves-
tigation under section 734 would be likely to lead to
continuation or recurrence of sales of the subject
merchandise at less than fair value. The administer-
ing authority shall consider—
151
‘‘(A) the weighted average dumping mar-
gins determined in the investigation and subse-
quent reviews, and
‘‘(B) the volume of imports of the subject
merchandise for the period before and the pe-
riod after the issuance of the antidumping duty
order or acceptance of the suspension agree-
ment.
‘‘(2) CONSIDERATION OF OTHER FACTORS.—If
good cause is shown, the administering authority
shall also consider such other price, cost, market, or
economic factors as it deems relevant.
‘‘(3) MAGNITUDE OF THE MARGIN OF DUMP-
ING.—The administering authority shall provide to
the Commission the magnitude of the margin of
dumping that is likely to prevail if the order is re-
voked or the suspended investigation is terminated.
The administering authority shall normally choose a
margin that was determined under section 735 or
under subsection (a) or (b)(1) of section 751.
‘‘(4) SPECIAL RULE.—
‘‘(A) TREATMENT OF ZERO OR DE MINIMIS
MARGINS.—A dumping margin described in
paragraph (1)(A) that is zero or de minimis
shall not by itself require the administering au-
152
thority to determine that revocation of an anti-
dumping duty order or termination of a sus-
pended investigation would not be likely to lead
to continuation or recurrence of sales at less
than fair value.
‘‘(B) APPLICATION OF DE MINIMIS STAND-
ARDS.—For purposes of this paragraph, the ad-
ministering authority shall apply the de minimis
standards applicable to reviews conducted under
subsections (a) and (b) of section 751.’’.
(b) AFFIRMATIVE DETERMINATIONS
BY DIVIDED
COMMISSION.—Section 771(11) (19 U.S.C. 1677(11)) is
amended by inserting ‘‘, including a determination under
section 751,’’ after ‘‘determination by the Commission’’.
(c) CONFORMING AMENDMENT.—The table of con-
tents for title VII is amended by inserting after the item
relating to section 751 the following:
‘‘Sec. 752. Special rules for section 751(b) and 751(c) reviews.’’.
SEC. 222. DEFINITIONS.
(a) INDUSTRY.—
(1) IN GENERAL.—Subparagraphs (A) and (B)
of section 771(4) (19 U.S.C. 1677(4) (A) and (B))
are amended to read as follows:
‘‘(A) IN
GENERAL.—The term ‘industry’
means the producers as a whole of a domestic
like product, or those producers whose collective
153
output of a domestic like product constitutes a
major proportion of the total domestic produc-
tion of the product.
‘‘(B) RELATED PARTIES.—
‘‘(i) If a producer of a domestic like
product and an exporter or importer of the
subject merchandise are related parties, or
if a producer of the domestic like product
is also an importer of the subject merchan-
dise, the producer may, in appropriate cir-
cumstances, be excluded from the industry.
‘‘(ii) For purposes of clause (i), a pro-
ducer and an exporter or importer shall be
considered to be related parties, if—
‘‘(I) the producer directly or indi-
rectly controls the exporter or im-
porter,
‘‘(II) the exporter or importer di-
rectly or indirectly controls the pro-
ducer,
‘‘(III) a third party directly or
indirectly controls the producer and
the exporter or importer, or
‘‘(IV) the producer and the ex-
porter or importer directly or indi-
154
rectly control a third party and there
is reason to believe that the relation-
ship causes the producer to act dif-
ferently than a nonrelated producer.
For purposes of this subparagraph, a party
shall be considered to directly or indirectly
control another party if the party is legally
or operationally in a position to exercise
restraint or direction over the other
party.’’.
(2) REGIONAL
INDUSTRY.—Section 771(4)(C)
(19 U.S.C. 1677(4)(C)) is amended by adding at the
end the following new sentence: ‘‘The term ‘regional
industry’ means the domestic producers within a re-
gion who are treated as a separate industry under
this subparagraph.’’.
(b) IMPACT ON AFFECTED DOMESTIC INDUSTRY.—
(1) IN
GENERAL.—Section 771(7)(C)(iii) (19
U.S.C. 1677(7)(C)(iii)) is amended—
(A) by striking ‘‘and’’ at the end of
subclause (III), and
(B) by striking the period at the end of
subclause (IV) and inserting ‘‘, and
155
‘‘(V) in a proceeding under sub-
title B, the magnitude of the margin
of dumping.’’.
(2) CAPTIVE PRODUCTION.—Section 771(7)(C)
(19 U.S.C. 1677(7)(C)) is amended by striking
clause (iv) and inserting the following:
‘‘(iv) CAPTIVE
PRODUCTION.—If do-
mestic producers internally transfer signifi-
cant production of the domestic like prod-
uct for the production of a downstream ar-
ticle and sell significant production of the
domestic like product in the merchant
market, and the Commission finds that—
‘‘(I) the domestic like product
produced that is internally transferred
for processing into that downstream
article does not enter the merchant
market for the domestic like product,
‘‘(II) the domestic like product is
the predominant material input in the
production of that downstream article,
and
‘‘(III) the production of the do-
mestic like product sold in the mer-
chant market is not generally used in
156
the production of that downstream ar-
ticle,
then the Commission, in determining mar-
ket share and the factors affecting finan-
cial performance set forth in clause (iii),
shall focus primarily on the merchant mar-
ket for the domestic like product.’’.
(3) 
TECHNICAL
CORRECTION.—Section
771(7)(C)(iii) is amended by striking ‘‘subparagraph
(B)(iii)’’ and inserting ‘‘subparagraph (B)(i)(III)’’.
(c) DETERMINATION
OF THREAT
OF INJURY.—
Clauses (i) and (ii) of section 771(7)(F) (19 U.S.C.
1677(7)(F) (i) and (ii)) are amended to read as follows:
‘‘(i) IN
GENERAL.—In determining
whether an industry in the United States
is threatened with material injury by rea-
son of imports (or sales for importation) of
the subject merchandise, the Commission
shall consider, among other relevant eco-
nomic factors—
‘‘(I) if a countervailable subsidy
is involved, such information as may
be presented to it by the administer-
ing authority as to the nature of the
subsidy (particularly as to whether the
157
countervailable subsidy is a subsidy
described in Article 3 or 6.1 of the
Subsidies Agreement), and whether
imports of the subject merchandise
are likely to increase,
‘‘(II) any existing unused produc-
tion capacity or imminent, substantial
increase in production capacity in the
exporting country indicating the likeli-
hood of substantially increased im-
ports of the subject merchandise into
the United States, taking into account
the availability of other export mar-
kets to absorb any additional exports,
‘‘(III) a significant rate of in-
crease of the volume or market pene-
tration of imports of the subject mer-
chandise indicating the likelihood of
substantially increased imports,
‘‘(IV) whether imports of the
subject merchandise are entering at
prices that are likely to have a signifi-
cant depressing or suppressing effect
on domestic prices, and are likely to
increase demand for further imports,
158
‘‘(V) inventories of the subject
merchandise,
‘‘(VI) the potential for product-
shifting if production facilities in the
foreign country, which can be used to
produce the subject merchandise, are
currently being used to produce other
products,
‘‘(VII) in any investigation under
this title which involves imports of
both a raw agricultural product (with-
in 
the 
meaning 
of 
paragraph
(4)(E)(iv)) and any product processed
from such raw agricultural product,
the likelihood that there will be in-
creased imports, by reason of product
shifting, if there is an affirmative de-
termination by the Commission under
section 705(b)(1) or 735(b)(1) with
respect to either the raw agricultural
product or the processed agricultural
product (but not both),
‘‘(VIII) the actual and potential
negative effects on the existing devel-
opment and production efforts of the
159
domestic industry, including efforts to
develop a derivative or more advanced
version of the domestic like product,
and
‘‘(IX) any other demonstrable ad-
verse trends that indicate the prob-
ability that there is likely to be mate-
rial injury by reason of imports (or
sale for importation) of the subject
merchandise (whether or not it is ac-
tually being imported at the time).
‘‘(ii) BASIS
FOR
DETERMINATION.—
The Commission shall consider the factors
set forth in clause (i) as a whole in making
a 
determination 
of 
whether 
further
dumped or subsidized imports are immi-
nent and whether material injury by rea-
son of imports would occur
unless an
order is issued or a suspension agreement
is accepted under this title. The presence
or absence of any factor which the Com-
mission is required to consider under
clause (i) shall not necessarily give decisive
guidance with respect to the determination.
Such a determination may not be made on
160
the basis of mere conjecture or suppo-
sition.’’.
(d) NEGLIGIBLE IMPORTS.—Section 771 (19 U.S.C.
1677) is amended—
(1) in paragraph (7) by striking clause (v) of
subparagraph (C), and
(2) by adding at the end the following:
‘‘(24) NEGLIGIBLE IMPORTS.—
‘‘(A) IN GENERAL.—
‘‘(i) LESS THAN 3 PERCENT.—Except
as provided in clauses (ii) and (iv), imports
from a country of merchandise correspond-
ing to a domestic like product identified by
the Commission are ‘negligible’ if such im-
ports account for less than 3 percent of the
volume of all such merchandise imported
into the United States in the most recent
12-month period for which data are avail-
able that precedes—
‘‘(I) the filing of the petition
under section 702(b) or 732(b), or
‘‘(II) the initiation of the inves-
tigation, if the investigation was initi-
ated under section 702(a) or 732(a).
161
‘‘(ii) 
EXCEPTION.—Imports 
that
would otherwise be negligible under clause
(i) shall not be negligible if the aggregate
volume of imports of the merchandise from
all countries described in clause (i) with re-
spect to which investigations were initiated
on the same day exceeds 7 percent of the
volume of all such merchandise imported
into the United States during the applica-
ble 12-month period.
‘‘(iii) DETERMINATION
OF
AGGRE-
GATE VOLUME.—In determining aggregate
volume under clause (ii) or (iv), the Com-
mission shall not consider imports from
any 
country 
specified 
in 
paragraph
(7)(G)(ii).
‘‘(iv) 
NEGLIGIBILITY
IN
THREAT
ANALYSIS.—Notwithstanding clauses (i)
and (ii), the Commission shall not treat
imports as negligible if it determines that
there is a potential that imports from a
country described in clause (i) will immi-
nently account for more than 3 percent of
the volume of all such merchandise im-
ported into the United States, or that the
162
aggregate volumes of imports from all
countries described in clause (ii) will immi-
nently exceed 7 percent of the volume of
all such merchandise imported into the
United States. The Commission shall con-
sider such imports only for purposes of de-
termining threat of material injury.
‘‘(B) NEGLIGIBILITY FOR CERTAIN COUN-
TRIES
IN
COUNTERVAILING
DUTY
INVESTIGA-
TIONS.—In the case of an investigation under
section 701, subparagraph (A) shall be applied
to imports of subject merchandise from develop-
ing countries by substituting ‘4 percent’ for ‘3
percent’ in subparagraph (A)(i) and by sub-
stituting ‘9 percent’ for ‘7 percent’ in subpara-
graph (A)(ii).
‘‘(C) COMPUTATION
OF
IMPORT
VOL-
UMES.—In computing import volumes for pur-
poses of subparagraphs (A) and (B), the Com-
mission may make reasonable estimates on the
basis of available statistics.
‘‘(D) REGIONAL INDUSTRIES.—In an in-
vestigation in which the Commission makes a
regional industry determination under para-
graph (4)(C), the Commission’s examination
163
under subparagraphs (A) and (B) shall be
based upon the volume of subject merchandise
exported for sale in the regional market in lieu
of the volume of all subject merchandise im-
ported into the United States.’’.
(e) CUMULATION.—Section 771(7) (19 U.S.C.
1677(7)) is amended—
(1) in subparagraph (F) by striking clause (iv),
and
(2) by adding at the end the following:
‘‘(G) CUMULATION FOR DETERMINING MA-
TERIAL INJURY.—
‘‘(i) IN
GENERAL.—For purposes of
clauses (i) and (ii) of subparagraph (C),
and subject to clause (ii), the Commission
shall cumulatively assess the volume and
effect of imports of the subject merchan-
dise from all countries with respect to
which—
‘‘(I) petitions were filed under
section 702(b) or 732(b) on the same
day,
‘‘(II) investigations were initiated
under section 702(a) or 732(a) on the
same day, or
164
‘‘(III) petitions were filed under
section 702(b) or 732(b) and inves-
tigations were initiated under section
702(a) or 732(a) on the same day,
if such imports compete with each other
and with domestic like products in the
United States market.
‘‘(ii) EXCEPTIONS.—The Commission
shall not cumulatively assess the volume
and effect of imports under clause (i)—
‘‘(I) with respect to which the ad-
ministering authority has made a pre-
liminary negative determination, un-
less the administering authority sub-
sequently made a final affirmative de-
termination with respect to those im-
ports before the Commission’s final
determination is made;
‘‘(II) from any country with re-
spect to which the investigation has
been terminated;
‘‘(III) from any country des-
ignated as a beneficiary country under
the Caribbean Basin Economic Recov-
ery Act (19 U.S.C. 2701 et seq.) for
165
purposes of making a determination
with respect to that country, except
that the volume and effect of imports
of the subject merchandise from such
country may be cumulatively assessed
with imports of the subject merchan-
dise from any other country des-
ignated as such a beneficiary country
to the extent permitted by clause (i);
or
‘‘(IV) from any country that is a
party to an agreement with the Unit-
ed States establishing a free trade
area, which entered into force and ef-
fect before January 1, 1987, unless
the Commission determines that a do-
mestic industry is materially injured
or threatened with material injury by
reason of imports from that country.
‘‘(iii) RECORDS IN FINAL INVESTIGA-
TIONS.—In each final determination in
which it cumulatively assesses the volume
and effect of imports under clause (i), the
Commission shall make its determinations
based on the record compiled in the first
166
investigation in which it makes a final de-
termination, except that when the admin-
istering authority issues its final deter-
mination in a subsequently completed in-
vestigation, the Commission shall permit
the parties in the subsequent investigation
to submit comments concerning the signifi-
cance of the administering authority’s final
determination, and shall include such com-
ments and the administering authority’s
final determination in the record for the
subsequent investigation.
‘‘(iv) REGIONAL
INDUSTRY
DETER-
MINATIONS.—In an investigation which in-
volves a regional industry, and in which
the Commission decides that the volume
and effect of imports should be cumula-
tively assessed under this subparagraph,
such assessment shall be based upon the
volume and effect of imports into the re-
gion or regions determined by the Commis-
sion. The provisions of clause (iii) shall
apply to such investigations.
‘‘(H) CUMULATION
FOR
DETERMINING
THREAT OF MATERIAL INJURY.—To the extent
167
practicable and subject to subparagraph (G)(ii),
for purposes of clause (i)(III) and (IV) of sub-
paragraph (F), the Commission may cumula-
tively assess the volume and price effects of im-
ports of the subject merchandise from all coun-
tries with respect to which—
‘‘(i) petitions were filed under section
702(b) or 732(b) on the same day,
‘‘(ii) 
investigations 
were 
initiated
under section 702(a) or 732(a) on the
same day, or
‘‘(iii) petitions were filed under sec-
tion 702(b) or 732(b) and investigations
were initiated under section 702(a) or
732(a) on the same day,
if such imports compete with each other and
with domestic like products in the United
States market.’’.
(f) CONSIDERATION OF POST-PETITION INFORMA-
TION.—Section 771(7) (19 U.S.C. 1677(7)), is amended
by adding at the end the following:
‘‘(I) CONSIDERATION
OF
POST-PETITION
INFORMATION.—The Commission shall consider
whether any change in the volume, price effects,
or impact of imports of the subject merchandise
168
since the filing of the petition in an investiga-
tion under subtitle A or B is related to the
pendency of the investigation and, if so, the
Commission may reduce the weight accorded to
the data for the period after the filing of the
petition in making its determination of material
injury, threat of material injury, or material re-
tardation of the establishment of an industry in
the United States.’’.
(g) INTERESTED PARTY.—Section 771(9) (19 U.S.C.
1677(9)) is amended—
(1) in subparagraph (A), by inserting ‘‘produc-
ers, exporters, or’’ before ‘‘importers’’, and
(2) in subparagraph (B), inserting ‘‘or from
which such merchandise is exported’’ after ‘‘manu-
factured’’.
(h) ORDINARY COURSE OF TRADE.—Section 771(15)
(19 U.S.C. 1677(15)) is amended—
(1) by striking ‘‘merchandise which is the sub-
ject of an investigation’’ and inserting ‘‘subject mer-
chandise’’; and
(2) by adding at the end the following: ‘‘The
administering authority shall consider the following
sales and transactions, among others, to be outside
the ordinary course of trade:
188
‘‘(2) DEFINITIONS AND SPECIAL RULES.—For
purposes of this subsection—
‘‘(A) REASONABLE GROUNDS TO BELIEVE
OR SUSPECT.—There are reasonable grounds to
believe or suspect that sales of the foreign like
product were made at prices that are less than
the cost of production of the product, if—
‘‘(i) in an investigation initiated under
section 732 or a review conducted under
section 751, an interested party described
in subparagraph (C), (D), (E), (F), or (G)
of section 771(9) provides information,
based upon observed prices or constructed
prices or costs, that sales of the foreign
like product under consideration for the
determination of normal value have been
made at prices which represent less than
the cost of production of the product; or
‘‘(ii) in a review conducted under sec-
tion 751 involving a specific exporter, the
administering authority disregarded some
or all of the exporter’s sales pursuant to
paragraph (1) in the investigation or if a
review has been completed, in the most re-
cently completed review.
200
acteristic of the merchandise, producer, or
industry concerned is achieved.
‘‘(2) TRANSACTIONS DISREGARDED.—A trans-
action directly or indirectly between affiliated per-
sons may be disregarded if, in the case of any ele-
ment of value required to be considered, the amount
representing that element does not fairly reflect the
amount usually reflected in sales of merchandise
under consideration in the market under consider-
ation. If a transaction is disregarded under the pre-
ceding sentence and no other transactions are avail-
able for consideration, the determination of the
amount shall be based on the information available
as to what the amount would have been if the trans-
action had occurred between persons who are not af-
filiated.
‘‘(3) MAJOR INPUT RULE.—If, in the case of a
transaction between affiliated persons involving the
production by one of such persons of a major input
to the merchandise, the administering authority has
reasonable grounds to believe or suspect that an
amount represented as the value of such input is
less than the cost of production of such input, then
the administering authority may determine the value
of the major input on the basis of the information