H. R. 4444—3
provided for in subsection (a)(1) and pursuant to the provisions
of section 122 of the Uruguay Round Agreements Act (19 U.S.C.
3532), the President shall transmit a report to Congress certifying
that the terms and conditions for the accession of the People’s
Republic of China to the World Trade Organization are at least
equivalent to those agreed between the United States and the
People’s Republic of China on November 15, 1999.
SEC. 102. EFFECTIVE DATE.
(a) EFFECTIVE DATE OF NONDISCRIMINATORY TREATMENT.—The
extension of nondiscriminatory treatment pursuant to section 101(a)
shall be effective no earlier than the effective date of the accession
of the People’s Republic of China to the World Trade Organization.
(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On and after
the effective date under subsection (a) of the extension of non-
discriminatory treatment to the products of the People’s Republic
of China, chapter 1 of title IV of the Trade Act of 1974 (as designated
by section 103(a)(2) of this Act) shall cease to apply to that country.
SEC. 103. RELIEF FROM MARKET DISRUPTION.
(a) IN GENERAL.—Title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.) is amended—
(1) in the title heading, by striking ‘‘CURRENTLY’’;
(2) by inserting before section 401 the following:
‘‘CHAPTER 1—TRADE RELATIONS WITH
CERTAIN COUNTRIES’’;
and
(3) by adding at the end the following new chapter:
‘‘CHAPTER 2—RELIEF FROM MARKET DISRUP-
TION TO INDUSTRIES AND DIVERSION OF
TRADE TO THE UNITED STATES MARKET
‘‘SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION.
‘‘(a) PRESIDENTIAL
ACTION.—If a product of the People’s
Republic of China is being imported into the United States in
such increased quantities or under such conditions as to cause
or threaten to cause market disruption to the domestic producers
of a like or directly competitive product, the President shall, in
accordance with the provisions of this section, proclaim increased
duties or other import restrictions with respect to such product,
to the extent and for such period as the President considers nec-
essary to prevent or remedy the market disruption.
‘‘(b) INITIATION OF AN INVESTIGATION.—(1) Upon the filing of
a petition by an entity described in section 202(a) of the Trade
Act of 1974 (19 U.S.C. 2252(a)), upon the request of the President
or the United States Trade Representative (in this subtitle referred
to as the ‘Trade Representative’), upon resolution of either the
Committee on Ways and Means of the House of Representatives,
or the Committee on Finance of the Senate (in this subtitle referred
to as the ‘Committees’) or on its own motion, the United States
International Trade Commission (in this subtitle referred to as
the ‘Commission’) shall promptly make an investigation to deter-
mine whether products of the People’s Republic of China are being
imported into the United States in such increased quantities or
H. R. 4444—4
under such conditions as to cause or threaten to cause market
disruption to the domestic producers of like or directly competitive
products.
‘‘(2) The limitations on investigations set forth in section
202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall
apply to investigations conducted under this section.
‘‘(3) The provisions of subsections (a)(8) and (i) of section 202
of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating
to treatment of confidential business information, shall apply to
investigations conducted under this section.
‘‘(4) Whenever a petition is filed, or a request or resolution
is received, under this subsection, the Commission shall transmit
a copy thereof to the President, the Trade Representative, the
Committee on Ways and Means of the House of Representatives,
and the Committee on Finance of the Senate, except that in the
case of confidential business information, the copy may include
only nonconfidential summaries of such information.
‘‘(5) The Commission shall publish notice of the commencement
of any proceeding under this subsection in the Federal Register
and shall, within a reasonable time thereafter, hold public hearings
at which the Commission shall afford interested parties an oppor-
tunity to be present, to present evidence, to respond to the presen-
tations of other parties, and otherwise to be heard.
‘‘(c) MARKET DISRUPTION.—(1) For purposes of this section,
market disruption exists whenever imports of an article like or
directly competitive with an article produced by a domestic industry
are increasing rapidly, either absolutely or relatively, so as to
be a significant cause of material injury, or threat of material
injury, to the domestic industry.
‘‘(2) For purposes of paragraph (1), the term ‘significant cause’
refers to a cause which contributes significantly to the material
injury of the domestic industry, but need not be equal to or greater
than any other cause.
‘‘(d) FACTORS
IN DETERMINATION.—In determining whether
market disruption exists, the Commission shall consider objective
factors, including—
‘‘(1) the volume of imports of the product which is the
subject of the investigation;
‘‘(2) the effect of imports of such product on prices in
the United States for like or directly competitive articles; and
‘‘(3) the effect of imports of such product on the domestic
industry producing like or directly competitive articles.
The presence or absence of any factor under paragraph (1), (2),
or (3) is not necessarily dispositive of whether market disruption
exists.
‘‘(e) TIME FOR COMMISSION DETERMINATIONS.—The Commission
shall make and transmit to the President and the Trade Representa-
tive its determination under subsection (b)(1) at the earliest prac-
ticable time, but in no case later than 60 days (or 90 days in
the case of a petition requesting relief under subsection (i)) after
the date on which the petition is filed, the request or resolution
is received, or the motion is adopted, under subsection (b). If the
Commissioners voting are equally divided with respect to its deter-
mination, then the determination agreed upon by either group
of Commissioners may be considered by the President and the
Trade Representative as the determination of the Commission.
H. R. 4444—5
‘‘(f ) RECOMMENDATIONS
OF COMMISSION
ON PROPOSED REM-
EDIES.—If the Commission makes an affirmative determination
under subsection (b), or a determination which the President or
the Trade Representative may consider as affirmative under sub-
section (e), the Commission shall propose the amount of increase
in, or imposition of, any duty or other import restrictions necessary
to prevent or remedy the market disruption. Only those members
of the Commission who agreed to the affirmative determination
under subsection (b) are eligible to vote on the proposed action
to prevent or remedy market disruption. Members of the Commis-
sion who did not agree to the affirmative determination may submit,
in the report required under subsection (g), separate views
regarding what action, if any, should be taken to prevent or remedy
market disruption.
‘‘(g) REPORT BY COMMISSION.—(1) Not later than 20 days after
a determination under subsection (b) is made, the Commission
shall submit a report to the President and the Trade Representative.
‘‘(2) The Commission shall include in the report required under
paragraph (1) the following:
‘‘(A) The determination made under subsection (b) and
an explanation of the basis for the determination.
‘‘(B) If the determination under subsection (b) is affirma-
tive, or may be considered by the President or the Trade Rep-
resentative as affirmative under subsection (e), the rec-
ommendations of the Commission on proposed remedies under
subsection (f ) and an explanation of the basis for each rec-
ommendation.
‘‘(C) Any dissenting or separate views by members of the
Commission regarding the determination and any recommenda-
tion referred to in subparagraphs (A) and (B).
‘‘(D) A description of—
‘‘(i) the short- and long-term effects that implementa-
tion of the action recommended under subsection (f ) is
likely to have on the petitioning domestic industry, on
other domestic industries, and on consumers; and
‘‘(ii) the short- and long-term effects of not taking the
recommended action on the petitioning domestic industry,
its workers, and the communities where production facili-
ties of such industry are located, and on other domestic
industries.
‘‘(3) The Commission, after submitting a report to the President
under paragraph (1), shall promptly make it available to the public
(but shall not include confidential business information) and cause
a summary thereof to be published in the Federal Register.
‘‘(h) OPPORTUNITY TO PRESENT VIEWS AND EVIDENCE ON PRO-
POSED MEASURE AND RECOMMENDATION TO THE PRESIDENT.—(1)
Within 20 days after receipt of the Commission’s report under
subsection (g) (or 15 days in the case of an affirmative preliminary
determination under subsection (i)(1)(B)), the Trade Representative
shall publish in the Federal Register notice of any measure proposed
by the Trade Representative to be taken pursuant to subsection
(a) and of the opportunity, including a public hearing, if requested,
for importers, exporters, and other interested parties to submit
their views and evidence on the appropriateness of the proposed
measure and whether it would be in the public interest.
H. R. 4444—6
‘‘(2) Within 55 days after receipt of the report under subsection
(g) (or 35 days in the case of an affirmative preliminary determina-
tion under subsection (i)(1)(B)), the Trade Representative, taking
into account the views and evidence received under paragraph
(1) on the measure proposed by the Trade Representative, shall
make a recommendation to the President concerning what action,
if any, to take to prevent or remedy the market disruption.
‘‘(i) CRITICAL CIRCUMSTANCES.—(1) When a petition filed under
subsection (b) alleges that critical circumstances exist and requests
that provisional relief be provided under this subsection with respect
to the product identified in the petition, the Commission shall,
not later than 45 days after the petition containing the request
is filed—
‘‘(A) determine whether delay in taking action under this
section would cause damage to the relevant domestic industry
which would be difficult to repair; and
‘‘(B) if the determination under subparagraph (A) is
affirmative, make a preliminary determination of whether
imports of the product which is the subject of the investigation
have caused or threatened to cause market disruption.
If the Commissioners voting are equally divided with respect to
either of its determinations, then the determination agreed upon
by either group of Commissioners may be considered by the Presi-
dent and the Trade Representative as the determination of the
Commission.
‘‘(2) On the date on which the Commission completes its deter-
minations under paragraph (1), the Commission shall transmit
a report on the determinations to the President and the Trade
Representative, including the reasons for its determinations. If the
determinations under paragraph (1) are affirmative, or may be
considered by the President or the Trade Representative as affirma-
tive under paragraph (1), the Commission shall include in its report
its recommendations on proposed provisional measures to be taken
to prevent or remedy the market disruption. Only those members
of the Commission who agreed to the affirmative determinations
under paragraph (1) are eligible to vote on the proposed provisional
measures to prevent or remedy market disruption. Members of
the Commission who did not agree to the affirmative determinations
may submit, in the report, dissenting or separate views regarding
the determination and any recommendation of provisional measures
referred to in this paragraph.
‘‘(3) If the determinations under paragraph (1) are affirmative,
or may be considered by the President or the Trade Representative
as affirmative under paragraph (1), the Trade Representative shall,
within 10 days after receipt of the Commission’s report, determine
the amount or extent of provisional relief that is necessary to
prevent or remedy the market disruption and shall provide a rec-
ommendation to the President on what provisional measures, if
any, to take.
‘‘(4)(A) The President shall determine whether to provide provi-
sional relief and proclaim such relief, if any, within 10 days after
receipt of the recommendation from the Trade Representative.
‘‘(B) Such relief may take the form of—
‘‘(i) the imposition of or increase in any duty;
‘‘(ii) any modification, or imposition of any quantitative
restriction on the importation of an article into the United
States; or
H. R. 4444—7
‘‘(iii) any combination of actions under clauses (i) and (ii).
‘‘(C) Any provisional action proclaimed by the President pursu-
ant to a determination of critical circumstances shall remain in
effect not more than 200 days.
‘‘(D) Provisional relief shall cease to apply upon the effective
date of relief proclaimed under subsection (a), upon a decision
by the President not to provide such relief, or upon a negative
determination by the Commission under subsection (b).
‘‘( j) AGREEMENTS WITH THE PEOPLE’S REPUBLIC OF CHINA.—
(1) The Trade Representative is authorized to enter into agreements
for the People’s Republic of China to take such action as necessary
to prevent or remedy market disruption, and should seek to conclude
such agreements before the expiration of the 60-day consultation
period provided for under the product-specific safeguard provision
of the Protocol of Accession of the People’s Republic of China to
the WTO, which shall commence not later than 5 days after the
Trade Representative receives an affirmative determination pro-
vided for in subsection (e) or a determination which the Trade
Representative considers to be an affirmative determination pursu-
ant to subsection (e).
‘‘(2) If no agreement is reached with the People’s Republic
of China pursuant to consultations under paragraph (1), or if the
President determines than an agreement reached pursuant to such
consultations is not preventing or remedying the market disruption
at issue, the President shall provide import relief in accordance
with subsection (a).
‘‘(k) STANDARD FOR PRESIDENTIAL ACTION.—(1) Within 15 days
after receipt of a recommendation from the Trade Representative
under subsection (h) on the appropriate action, if any, to take
to prevent or remedy the market disruption, the President shall
provide import relief for such industry pursuant to subsection (a),
unless the President determines that provision of such relief is
not in the national economic interest of the United States or,
in extraordinary cases, that the taking of action pursuant to sub-
section (a) would cause serious harm to the national security of
the United States.
‘‘(2) The President may determine under paragraph (1) that
providing import relief is not in the national economic interest
of the United States only if the President finds that the taking
of such action would have an adverse impact on the United States
economy clearly greater than the benefits of such action.
‘‘(l) PUBLICATION OF DECISION AND REPORTS.—(1) The Presi-
dent’s decision, including the reasons therefor and the scope and
duration of any action taken, shall be published in the Federal
Register.
‘‘(2) The Commission shall promptly make public any report
transmitted under this section, but shall not make public any
information which the Commission determines to be confidential,
and shall publish notice of such report in the Federal Register.
‘‘(m) EFFECTIVE DATE
OF RELIEF.—Import relief under this
section shall take effect not later than 15 days after the President’s
determination to provide such relief.
‘‘(n) MODIFICATIONS OF RELIEF.—(1) At any time after the end
of the 6-month period beginning on the date on which relief under
subsection (m) first takes effect, the President may request that
the Commission provide a report on the probable effect of the
modification, reduction, or termination of the relief provided on
H. R. 4444—8
the relevant industry. The Commission shall transmit such report
to the President within 60 days of the request.
‘‘(2) The President may, after receiving a report from the
Commission under paragraph (1), take such action to modify,
reduce, or terminate relief that the President determines is nec-
essary to continue to prevent or remedy the market disruption
at issue.
‘‘(3) Upon the granting of relief under subsection (k), the
Commission shall collect such data as is necessary to allow it
to respond rapidly to a request by the President under paragraph
(1).
‘‘(o) EXTENSION OF ACTION.—(1) Upon request of the President,
or upon petition on behalf of the industry concerned filed with
the Commission not earlier than the date which is 9 months,
and not later than the date which is 6 months, before the date
any relief provided under subsection (k) is to terminate, the
Commission shall investigate to determine whether action under
this section continues to be necessary to prevent or remedy market
disruption.
‘‘(2) The Commission shall publish notice of the commencement
of any proceeding under this subsection in the Federal Register
and shall, within a reasonable time thereafter, hold a public hearing
at which the Commission shall afford interested parties and con-
sumers an opportunity to be present, to present evidence, and
to respond to the presentations of other parties and consumers,
and otherwise to be heard.
‘‘(3) The Commission shall transmit to the President a report
on its investigation and determination under this subsection not
later than 60 days before the action under subsection (m) is to
terminate.
‘‘(4) The President, after receiving an affirmative determination
from the Commission under paragraph (3), may extend the effective
period of any action under this section if the President determines
that the action continues to be necessary to prevent or remedy
the market disruption.
‘‘SEC. 422. ACTION IN RESPONSE TO TRADE DIVERSION.
‘‘(a) MONITORING BY CUSTOMS SERVICE.—In any case in which
a WTO member other than the United States requests consultations
with the People’s Republic of China under the product-specific safe-
guard provision of the Protocol of Accession of the People’s Republic
of China to the World Trade Organization, the Trade Representative
shall inform the United States Customs Service, which shall monitor
imports into the United States of those products of Chinese origin
that are the subject of the consultation request. Data from such
monitoring shall promptly be made available to the Commission
upon request by the Commission.
‘‘(b) INITIATION OF INVESTIGATION.—(1) Upon the filing of a
petition by an entity described in section 202(a) of the Trade Act
of 1974, upon the request of the President or the Trade Representa-
tive, upon resolution of either of the Committees, or on its own
motion, the Commission shall promptly make an investigation to
determine whether an action described in subsection (c) has caused,
or threatens to cause, a significant diversion of trade into the
domestic market of the United States.
‘‘(2) The Commission shall publish notice of the commencement
of any proceeding under this subsection in the Federal Register
H. R. 4444—9
and shall, within a reasonable time thereafter, hold public hearings
at which the Commission shall afford interested parties an oppor-
tunity to be present, to present evidence, to respond to the presen-
tations of other parties, and otherwise to be heard.
‘‘(3) The provisions of subsections (a)(8) and (i) of section 202
of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating
to treatment of confidential business information, shall apply to
investigations conducted under this section.
‘‘(c) ACTIONS DESCRIBED.—An action is described in this sub-
section if it is an action—
‘‘(1) by the People’s Republic of China to prevent or remedy
market disruption in a WTO member other than the United
States;
‘‘(2) by a WTO member other than the United States to
withdraw concessions under the WTO Agreement or otherwise
to limit imports to prevent or remedy market disruption;
‘‘(3) by a WTO member other than the United States to
apply a provisional safeguard within the meaning of the
product-specific safeguard provision of the Protocol of Accession
of the People’s Republic of China to the WTO; or
‘‘(4) any combination of actions described in paragraphs
(1) through (3).
‘‘(d) BASIS FOR DETERMINATION OF SIGNIFICANT DIVERSION.—
(1) In determining whether significant diversion or the threat
thereof exists for purposes of this section, the Commission shall
take into account, to the extent such evidence is reasonably
available—
‘‘(A) the monitoring conducted under subsection (a);
‘‘(B) the actual or imminent increase in United States
market share held by such imports from the People’s Republic
of China;
‘‘(C) the actual or imminent increase in volume of such
imports into the United States;
‘‘(D) the nature and extent of the action taken or proposed
by the WTO member concerned;
‘‘(E) the extent of exports from the People’s Republic of
China to that WTO member and to the United States;
‘‘(F) the actual or imminent changes in exports to that
WTO member due to the action taken or proposed;
‘‘(G) the actual or imminent diversion of exports from the
People’s Republic of China to countries other than the United
States;
‘‘(H) cyclical or seasonal trends in import volumes into
the United States of the products at issue; and
‘‘(I) conditions of demand and supply in the United States
market for the products at issue.
The presence or absence of any factor under any of subparagraphs
(A) through (I) is not necessarily dispositive of whether a significant
diversion of trade or the threat thereof exists.
‘‘(2) For purposes of making its determination, the Commission
shall examine changes in imports into the United States from
the People’s Republic of China since the time that the WTO member
commenced the investigation that led to a request for consultations
described in subsection (a).
‘‘(3) If more than one action by a WTO member or WTO mem-
bers against a particular product is identified in the petition,
H. R. 4444—10
request, or resolution under subsection (b) or during the investiga-
tion, the Commission may cumulatively assess the actual or likely
effects of such actions jointly in determining whether a significant
diversion of trade or threat thereof exists.
‘‘(e) COMMISSION DETERMINATION; AGREEMENT AUTHORITY.—
(1) The Commission shall make and transmit to the President
and the Trade Representative its determination under subsection
(b) at the earliest practicable time, but in no case later than 45
days after the date on which the petition is filed, the request
or resolution is received, or the motion is adopted, under subsection
(b). If the Commissioners voting are equally divided with respect
to its determination, then the determination agreed upon by either
group of Commissioners may be considered by the President and
the Trade Representative as the determination of the Commission.
‘‘(2) The Trade Representative is authorized to enter into agree-
ments with the People’s Republic of China or the other WTO mem-
bers concerned to take such action as necessary to prevent or
remedy significant trade diversion or threat thereof into the
domestic market of the United States, and should seek to conclude
such agreements before the expiration of the 60-day consultation
period provided for under the product-specific safeguard provision
of the Protocol of Accession of the People’s Republic of China to
the WTO, which shall commence not later than 5 days after the
Trade Representative receives an affirmative determination pro-
vided for in paragraph (1) or a determination which the Trade
Representative considers to be an affirmative determination pursu-
ant to paragraph (1).
‘‘(3) REPORT BY COMMISSION.—
‘‘(A) Not later than 10 days after a determination under
subsection (b), is made, the Commission shall transmit a report
to the President and the Trade Representative.
‘‘(B) The Commission shall include in the report required
under subparagraph (A) the following:
‘‘(i) The determination made under subsection (b) and
an explanation of the basis for the determination.
‘‘(ii) If the determination under subsection (b) is
affirmative, or may be considered by the President or the
Trade Representative as affirmative under subsection
(e)(1), the recommendations of the Commission on increased
tariffs or other import restrictions to be imposed to prevent
or remedy the trade diversion or threat thereof, and expla-
nations of the bases for such recommendations. Only those
members of the Commission who agreed to the affirmative
determination under subsection (b) are eligible to vote on
the proposed action to prevent or remedy the trade diver-
sion or threat thereof.
‘‘(iii) Any dissenting or separate views by members
of the Commission regarding the determination and any
recommendation referred to in clauses (i) and (ii).
‘‘(iv) A description of—
‘‘(I) 
the 
short- 
and 
long-term 
effects 
that
implementation of the action recommended under
clause (ii) is likely to have on the petitioning domestic
industry, on other domestic industries, and on con-
sumers; and
‘‘(II) the short- and long-term effects of not taking
the recommended action on the petitioning domestic
H. R. 4444—26
(1) the number of allegations of violations of section 307
of the Tariff Act of 1930 with respect to products of the Peoples’
Republic of China that were investigated during the preceding
1-year period;
(2) the number of actual violations of section 307 of the
Tariff Act of 1930 with respect to the products of the People’s
Republic of China that were discovered during the preceding
1-year period;
(3) in the case of each attempted entry of products of
the People’s Republic of China in violation of such section
307 discovered during the preceding 1-year period—
(A) the identity of the exporter of the goods;
(B) the identity of the person or persons who attempted
to sell the goods for export; and
(C) the identity of all parties involved in transshipment
of the goods; and
(4) such other information as the Task Force considers
useful in monitoring and enforcing compliance with section
307 of the Tariff Act of 1930.
Subtitle B—Assistance To Develop
Commercial and Labor Rule of Law
SEC. 511. ESTABLISHMENT OF TECHNICAL ASSISTANCE AND RULE OF
LAW PROGRAMS.
(a) COMMERCE RULE OF LAW PROGRAM.—The Secretary of Com-
merce, in consultation with the Secretary of State, is authorized
to establish a program to conduct rule of law training and technical
assistance related to commercial activities in the People’s Republic
of China.
(b) LABOR RULE OF LAW PROGRAM.—
(1) IN GENERAL.—The Secretary of Labor, in consultation
with the Secretary of State, is authorized to establish a program
to conduct rule of law training and technical assistance related
to the protection of internationally recognized worker rights
in the People’s Republic of China.
(2) USE OF AMOUNTS.—In carrying out paragraph (1), the
Secretary of Labor shall focus on activities including, but not
limited to—
(A) developing, laws, regulations, and other measures
to implement internationally recognized worker rights;
(B) establishing national mechanisms for the enforce-
ment of national labor laws and regulations;
(C) training government officials concerned with
implementation and enforcement of national labor laws
and regulations; and
(D) developing an educational infrastructure to educate
workers about their legal rights and protections under
national labor laws and regulations.
(3) LIMITATION.—The Secretary of Labor may not provide
assistance under the program established under this subsection
to the All-China Federation of Trade Unions.
(c) LEGAL SYSTEM AND CIVIL SOCIETY RULE OF LAW PROGRAM.—
The Secretary of State is authorized to establish a program to
conduct rule of law training and technical assistance related to