I 
112TH CONGRESS 
1ST SESSION H. R. 3112 
To require that certain actions be taken with respect to complaints received 
by the Department of Commerce of nontariff barriers imposed by other 
countries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2011 
Mr. TURNER of Ohio introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To require that certain actions be taken with respect to 
complaints received by the Department of Commerce of 
nontariff barriers imposed by other countries, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trade Law Enforce-
ment Act of 2011’’. 
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SEC. 2. ACTIONS ON COMPLAINTS ON NONTARIFF BAR-
RIERS IMPOSED BY OTHER COUNTRIES. 
(a) ACTIONS BY SECRETARY OF COMMERCE.—In any 
case in which the Secretary of Commerce receives a com-
plaint from an interested person that a foreign country 
is engaging in an act, policy, or practice that acts as a 
nontariff barrier to United States commerce, and the Sec-
retary is unable to resolve the complaint within the 180- 
day period beginning on the date on which the complaint 
is received, the Secretary, in consultation with the United 
States International Trade Commission, as appropriate, 
shall, within 45 days after the end of that 180-day period, 
issue an opinion as to whether, under section 301 of the 
Trade Act of 1974— 
(1) the rights of the United States under any 
trade agreement are being denied because of such 
act, policy, or practice; or 
(2) the act, policy, or practice— 
(A) violates, or is inconsistent with, the 
provisions of, or otherwise denies benefits to the 
United States under, any trade agreement; or 
(B) is unjustifiable and burdens or re-
stricts United States commerce. 
(b) REFERRAL TO USTR.— 
(1) REFERRAL.—If the Secretary of Commerce, 
in an opinion issued under subsection (a), makes an 
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affirmative determination with respect to the rights 
of the United States under subsection (a)(1), or with 
respect to an act, policy, or practice under sub-
section (a)(2), the Secretary shall refer the matter 
to the United States Trade Representative. 
(2) 
INITIATION
OF
INVESTIGATION.—The 
United States Trade Representative shall, within 45 
days after the date on which the opinion of the Sec-
retary is issued, initiate an investigation under sec-
tion 302(b) of the Trade Act of 1974 (19 U.S.C. 
2412(b)) with respect to the matter that is the sub-
ject of the opinion of the Secretary. In conducting 
such investigation— 
(A) subsections (b)(2)(B) and (c) of sec-
tion 302 of the Trade Act of 1974 (19 U.S.C. 
2412(b)(2)(B) and (c)) shall not apply; and 
(B) the Trade Representative shall publish 
in the Federal Register a summary of the issues 
involved in the investigation and shall, as soon 
as possible, provide opportunity for the presen-
tation of views concerning the issues, including 
a public hearing— 
(i) within the 30-day period beginning 
on the date on which the opinion of the 
Secretary is issued, if a public hearing 
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within such period is requested by an in-
terested person; or 
(ii) at such other time if a timely re-
quest therefor is made by an interested 
person. 
Æ 
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