TITLE I—SAFEGUARD
AMENDMENTS
SEC. 101. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE
TRADE ACT OF 1974.
(a) TEST FOR POSITIVE ADJUSTMENTS TO IMPORT
COMPETITION.—Section 201(a) of the Trade Act of 1974
(19 U.S.C. 2251(a)) is amended by striking ‘‘be a sub-
stantial cause of serious injury, or the threat thereof,’’ and
inserting ‘‘cause or threaten to cause serious injury’’.
(b) INVESTIGATIONS AND DETERMINATIONS.—Sec-
tion 202 of such Act (19 U.S.C. 2252) is amended—
(1) in subsection (b)(1)(A), by striking ‘‘be a
substantial cause of serious injury, or the threat
thereof,’’ and inserting ‘‘cause or threaten to cause
serious injury’’;
(2) by amending subsection (b)(1)(B) to read
as follows:
‘‘(B) For purposes of this section, the term
‘cause’ refers to a cause that contributes signifi-
cantly to serious injury, or the threat thereof, to the
domestic industry but need not be equal to or great-
er than any other cause.’’;
(3) in subsection (c)—
(A) by amending paragraph (1)(A) to read
as follows:
‘‘(A) with respect to serious injury—
‘‘(i) change in the level of sales, pro-
duction, productivity, capacity utilization,
profits and losses, and employment,
‘‘(ii) the significant idling of produc-
tive facilities in the domestic industry,
‘‘(iii) the inability of a significant
number of firms to carry out domestic pro-
duction operations at a reasonable level of
profit, and
‘‘(iv) significant unemployment or
underemployment within the domestic in-
dustry;’’;
(B) in paragraph (1)(B)—
(i) in clause (iii) by striking ‘‘; and’’
and inserting ‘‘, and’’; and
(ii) by inserting after clause (iii) the
following:
‘‘(iv) foreign production capacity, for-
eign inventories, the level of demand in
third country markets, and the availability
of other export markets to absorb any ad-
ditional exports; and’’;
(C) by amending paragraph (1)(C) to read
as follows:
‘‘(C) with respect to cause—
‘‘(i) the rate, amount, and timing of
the increase in imports of the product con-
cerned in absolute and relative terms, in-
cluding whether there has been a substan-
tial increase in imports over a short period
of time, and
‘‘(ii) the share of the domestic market
taken by increased imports.’’;
(D) by redesignating paragraphs (3)
through (6) as paragraphs (5) through (8), re-
spectively;
(E) by striking paragraph (2) and insert-
ing the following:
‘‘(2) In making determinations under para-
graph (1)(A) and (B), if domestic producers inter-
nally transfer, including to affiliated persons as de-
fined in section 771(33) of the Tariff Act of 1930,
significant production of the article like or directly
competitive with the imported article for the produc-
tion of a downstream article and sell significant pro-
duction of the article like or directly competitive
with the imported article in the merchant market,
then the Commission, in determining market share
and the factors affecting financial performance set
forth in paragraph (1)(A) and (B), shall focus pri-
marily on the merchant market for the article like
or directly competitive with the imported article.
‘‘(3) In making determinations under sub-
section (b), the Commission shall—
‘‘(A) consider the condition of the domestic
industry over the course of the relevant busi-
ness cycle, but may not aggregate the causes of
declining demand associated with a recession or
economic downturn in the United States econ-
omy into a single cause of serious injury or
threat of injury; and
‘‘(B) examine factors other than imports
which may cause or threaten to cause serious
injury to the domestic industry.
The Commission shall include the results of its ex-
amination under subparagraph (B) in the report
submitted by the Commission to the President under
subsection (e).
‘‘(4) In making determinations under sub-
section (b), the Commission shall consider whether
any change in the volume of imports that has oc-
curred since a petition under subsection (a) was filed
or a request under subsection (b) was made is re-
lated to the pendency of the investigation, and if so,
the Commission may reduce the weight accorded to
the data for the period after the petition under sub-
section (a) was filed or the request under subsection
(b) was made in making its determination of serious
injury, or the threat thereof.’’; and
(F) in paragraph (5), as so redesignated—
(i) by striking ‘‘and (B)’’ and insert-
ing ‘‘, (B), and (C)’’; and
(ii) by striking ‘‘be a substantial cause
of serious injury, or the threat thereof,’’
and inserting ‘‘cause or threaten to cause
serious injury’’;
(4) in subsection (d)—
(A) in paragraph (1)(A)(ii), by striking
‘‘be, or likely to be a substantial cause of seri-
ous injury, or the threat thereof,’’ and inserting
‘‘cause, or be likely to cause, or threaten to
cause, or be likely to threaten to cause, serious
injury’’;
(B) in paragraph (1)(C), in the matter fol-
lowing clause (ii), by striking ‘‘a substantial
cause of serious injury, or the threat thereof,’’
and inserting ‘‘causing or threatening to cause
serious injury’’;
(C) by amending paragraph (2)(A) to read
as follows:
‘‘(2)(A) When a petition filed under subsection
(a) or a request filed under subsection (b) alleges
that critical circumstances exist and requests that
provisional relief be provided under this subsection
with respect to imports of the article identified in
the petition or request, the Commission shall, not
later than 45 days after the petition or request is
filed, determine, on the basis of available informa-
tion, whether—
‘‘(i) there is clear evidence that increased
imports (either actual or relative to domestic
production) of the article are causing or threat-
ening to cause serious injury to the domestic in-
dustry producing an article like or directly com-
petitive with the imported article; and
‘‘(ii) delay in taking action under this
chapter would cause damage to that industry
that would be difficult to repair.
In making the evaluation under clause (ii), the Com-
mission should consider, among other factors that it
considers relevant, the timing and volume of the im-
ports, including whether there has been a substantial
increase in imports over a short period of time, and
any other circumstances indicating that delay in tak-
ing action under this chapter would cause damage to
the industry that would be difficult to repair.’’; and
(D) in paragraph (2)(D), by striking ‘‘30’’
and inserting ‘‘20’’.
(c) PRESIDENTIAL DETERMINATIONS.—
(1) ACTION BY PRESIDENT.—Section 203(a) of
the Trade Act of 1974 (19 U.S.C. 2253(a)) is
amended—
(A) in paragraph (1)(A), by striking ‘‘and
provide greater economic and social benefits
than costs’’ and inserting ‘‘and will not have an
adverse impact on the United States clearly
greater than the benefits of such action’’;
(B) in paragraph (2)(F), by striking ‘‘com-
pensation;’’ at the end of clause (iii) and insert-
ing the following: ‘‘compensation, except that
the President shall give substantially greater
weight to the factors set out in clause (i) than
to those set out in clauses (ii) and (iii);’’; and
(C) by amending paragraph (2)(I) to read
as follows:
‘‘(I) the potential for harm to the national
security of the United States; and’’.
(2) 
IMPLEMENTATION
OF
ACTION
REC-
OMMENDED BY COMMISSION.—(A) Section 203(c) of
the Trade Act of 1974 (19 U.S.C. 2253(c)) is
amended by striking ‘‘90’’ and inserting ‘‘60’’.
(B) Section 152(c)(1) of the Trade Act of 1974
(19 U.S.C. 2192(c)(1)) is amended by striking ‘‘not
counting any day which is excluded under section
154(b),’’ and inserting ‘‘counting all calendar days
in the case of a resolution described in subsection
(a)(1)(A), and not counting any day which is ex-
cluded under section 154(b) in the case of a resolu-
tion described in subsection (a)(1)(B),’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 203(e)(6)(B) of the Trade Act of
1974 (19 U.S.C. 2253(e)(6)(B)) is amended by
striking ‘‘substantially’’.
(2) Section 264(c) of the Trade Act of 1974
(19 U.S.C. 2354(c)) is amended by striking ‘‘a sub-
stantial cause of serious injury or threat thereof’’
and inserting ‘‘causing or threatening to cause seri-
ous injury’’.
(3) Section 154(b) of the Trade Act of 1974
(19 U.S.C. 2194(b)) is amended by striking the
matter that precedes paragraph (1) and inserting
the following:
‘‘(b) The 60-day period referred to in section 203(c)
and the 90-day period referred to in section 407(c)(2)
shall be computed by excluding—’’.
TITLE 
II—AMENDMENTS 
TO
TITLE VII OF THE TARIFF ACT
OF 1930
SEC. 201. CAPTIVE PRODUCTION.
Section 771(7)(C)(iv) of the Tariff Act of 1930 (19
U.S.C. 1677(7)(C)(iv)) is amended to read as follows:
‘‘(iv) CAPTIVE
PRODUCTION.—If do-
mestic producers transfer internally, in-
cluding to affiliated persons as defined in
paragraph (33), significant production of
the domestic like product for the produc-
tion of a downstream article and sell sig-
nificant production of the domestic like
product in the merchant market, then the
Commission, in determining market share
and the factors affecting financial perform-
ance set forth in clause (iii), shall focus
primarily on the merchant market for the
domestic like product.’’.
SEC. 202. PRICE.
Section 771(7)(C)(ii) of the Tariff Act of 1930 (19
U.S.C. 1677(7)(C)(ii)) is amended by adding at the end
the following flush sentence:
‘‘The Commission shall not conclude that
imports of the subject merchandise do not
have a significant effect on prices merely
because of the volume of imports of the
subject merchandise.’’.
SEC. 203. VULNERABILITY OF INDUSTRY.
Section 771(7)(C)(iii) of the Tariff Act of 1930 (19
U.S.C. 1677(7)(C)(iii)) is amended in the last sentence
by striking the period at the end and inserting ‘‘, including
whether the industry is vulnerable to the effects of imports
of the subject merchandise.’’.
SEC. 204. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND
INJURY.
Section 771(7)(E)(ii) of the Tariff Act of 1930 (19
U.S.C. 1677(7)(E)(ii)) is amended by adding at the end
the following: ‘‘The Commission need not determine the
significance of imports of the subject merchandise relative
to other economic factors.’’.
SEC. 205. PREVENTION OF CIRCUMVENTION.
Section 781(c) of the Tariff Act of 1930 (19 U.S.C.
1677j(c)) is amended by adding at the end the following
new paragraph:
‘‘(3) SPECIAL
RULE.—The administering au-
thority shall apply paragraph (1) with respect to al-
tered merchandise excluded from or not specifically
included in the merchandise description used in an
outstanding order or finding, if such application is
not inconsistent with the affirmative determination
of the Commission on which the order or finding is
based.’’.
SEC. 206. PERISHABLE AGRICULTURAL PRODUCTS.
(a) DEFINITION OF INDUSTRIES.—Section 771(4)(A)
of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is
amended by adding at the end the following: ‘‘If the Com-
mission determines that an agricultural product has a
short shelf life and is a perishable product, the Commis-
sion shall treat the producers of the product in a defined
period or season as the domestic industry. If the sub-
heading under the Harmonized Tariff Schedules of the
United States for an agricultural product has a 6- or 8-
digit classification based on the period of time during the
calendar year in which the product is harvested or im-
ported, such periods of time constitute a defined period
or season for purposes of this paragraph.’’.
(b) 
DETERMINATION
OF
INJURY.—Section
771(7)(D) of the Tariff Act of 1930 (19 U.S.C.
SEC. 207. FULL RECOGNITION OF SUBSIDY CONFERRED
THROUGH PROVISION OF GOODS AND SERV-
ICES AND PURCHASE OF GOODS.
Section 771(5)(E) of the Tariff Act of 1930 (19
U.S.C. 1677(5)(E)) is amended by adding at the end the
following: ‘‘If transactions in the country which is the sub-
ject of the investigation or review do not reflect market
conditions due to government action associated with provi-
sion of the good or service or purchase of the goods, deter-
mination of the adequacy of remuneration shall be through
comparison with the most comparable market price else-
where in the world.’’.
TITLE III—STEEL IMPORT NOTI-
FICATION AND MONITORING;
EARLY RELEASE OF IMPORT
DATA
SEC. 301. STEEL IMPORT NOTIFICATION AND MONITORING
PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of Com-
merce, in consultation with the Secretary of the Treasury,
shall establish and implement a steel import notification
and monitoring program. The program shall include a re-
quirement that any person importing a product classified
under chapter 72 or 73 of the Harmonized Tariff Schedule
of the United States obtain an import notification certifi-
cate before such products are entered into the United
States.
(b) STEEL IMPORT NOTIFICATION CERTIFICATES.—
(1) IN GENERAL.—In order to obtain a steel
import notification certificate, an importer shall sub-
mit to the Secretary of Commerce an application
containing—
(A) the importer’s name and address;
(B) the name and address of the supplier
of the goods to be imported;
(C) the name and address of the producer
of the goods to be imported;
(D) the country of origin of the goods;
(E) the country from which the goods are
to be imported;
(F) the United States Customs port of
entry where the goods will be entered;
(G) the expected date of entry of the goods
into the United States;
(H) a description of the goods, including
the classification of such goods under the Har-
monized Tariff Schedule of the United States;
(I) the quantity (in kilograms and net
tons) of the goods to be imported;
(J) the cost insurance freight (CIF) and
free alongside ship (FAS) values of the goods to
be entered;
(K) whether the goods are being entered
for consumption or for entry into a bonded
warehouse or foreign trade zone;
(L) a certification that the information
furnished in the certificate application is cor-
rect; and
(M) any other information the Secretary of
Commerce determines to be necessary and ap-
propriate.
(2) ENTRY INTO CUSTOMS TERRITORY.—In the
case of merchandise classified under chapter 72 or
73 of the Harmonized Tariff Schedule of the United
States that is initially entered into a bonded ware-
house or foreign trade zone, a steel import notifica-
tion certificate shall be required before the merchan-
dise is entered into the customs territory of the
United States.
(3) ISSUANCE OF STEEL IMPORT NOTIFICATION
CERTIFICATE.—The Secretary of Commerce shall
issue a steel import notification certificate to any
person who files an application that meets the re-
quirements of this section. Such certificate shall be
valid for a period of 30 days from the date of
issuance.
(c) STATISTICAL INFORMATION.—
(1) IN GENERAL.—The Secretary of Commerce
shall compile and publish on a weekly basis informa-
tion described in paragraph (2).
(2) INFORMATION
DESCRIBED.—Information
described in this paragraph means information ob-
tained from steel import notification certificate ap-
plications concerning steel imported into the United
States and includes with respect to such imports the
Harmonized Tariff Schedule of the United States
classification (to the tenth digit), the country of ori-
gin, the port of entry, quantity, value of steel im-
ported, and whether the imports are entered for con-
sumption or are entered into a bonded warehouse or
foreign trade zone. Such information shall also be
compiled in aggregate form and made publicly avail-
able by the Secretary of Commerce on a weekly basis
by public posting through an Internet website. The
information provided under this section shall be in
addition to any information otherwise required by
law.
(d) FEES.—The Secretary of Commerce may pre-
scribe reasonable fees and charges to defray the costs of
carrying out the provisions of this section, including a fee
for issuing a certificate under this section.
(e) SINGLE
PRODUCER
AND
EXPORTER
COUN-
TRIES.—Notwithstanding any other provision of law, the
Secretary of Commerce shall make publicly available all
information required to be released pursuant to subsection
(c), including information obtained regarding imports
from a foreign producer or exporter that is the only pro-
ducer or exporter of goods subject to this section from a
foreign country.
(f) REGULATIONS.—The Secretary of Commerce may
prescribe such rules and regulations relating to the steel
import notification and monitoring program as may be
necessary to carry the provisions of this section.
SEC. 302. AMENDMENTS TO SECTION 332 OF THE TARIFF
ACT OF 1930.
Section 332 of the Tariff Act of 1930 (19 U.S.C.
1332) is amended by adding at the end the following:
‘‘(h)(1) Any entity, including a trade association,
firm, certified or recognized union, or group of workers,
which is representative of a domestic industry that pro-
duces an article that is like or directly competitive with
an imported article, may file a request with the President
pursuant to paragraph (2) for the monitoring of imports
of such article under subsection (g).