I 
108TH CONGRESS 
1ST SESSION H. R. 2365
To amend United States trade laws to address more effectively import crises, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2003
Mr. ENGLISH (for himself, Mr. LEVIN, and Mr. HOUGHTON) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend United States trade laws to address more 
effectively import crises, 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 Reform 
Act of 2003’’.
TITLE 
I—AMENDMENTS 
TO 
TITLE VII OF THE TARIFF ACT 
OF 1930
SEC. 101. 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. 102. 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
ports compete with each other and with 
the domestic like product in the United 
States market.’’. 
SEC. 104. 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. 105. 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 the merchandise 
description used in an outstanding order or finding, 
if such application is not inconsistent with the af-
firmative determination of the Commission on which 
the order or finding is based.’’. 
SEC. 106. 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. 
1677(7)(D)) is amended by adding at the end the fol-
lowing new clauses: 
‘‘(iii) In the case of an agricultural in-
dustry involving a perishable product with 
a short shelf life, if a request for seasonal 
evaluation has been made by the peti-
tioners, the Commission shall consider the 
factors in subparagraph (C) on a seasonal 
basis during the period identified as rel-
evant. 
‘‘(iv) In the case of agricultural prod-
ucts, partially picked or unpicked crops 
and abandoned acreage may be considered
in lieu of other measures of capacity and 
capacity utilization. 
‘‘(v) The impact of other factors, such 
as weather, on agricultural production and 
producers shall not be weighed against the 
contribution of the imported subject mer-
chandise to the condition of the domestic 
industry.’’. 
SEC. 107. 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 good, deter-
mination of the adequacy of remuneration shall be through 
comparison with a market price for a comparable item 
elsewhere in the world.’’. 
SEC. 108. REIMBURSEMENT OF DUTIES. 
Section 772(d) of the Tariff Act of 1930 (19 U.S.C. 
1677a(d)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(2);
(2) by striking the period at the end of para-
graph (3) and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(4) if the importer is the producer or exporter, 
or the importer and the producer or exporter are af-
filiated persons, an amount equal to the dumping 
margin calculated under section 771(35)(A), unless 
the producer or exporter is able to demonstrate that 
the importer was in no way reimbursed for any anti-
dumping duties paid; and 
‘‘(5) if the importer is the producer or exporter, 
or the importer and the producer or exporter are af-
filiated persons, an amount equal to the net 
countervailable subsidy calculated under section 
771(6), unless the producers or exporter is able to 
demonstrate that the importer was in no way reim-
bursed for any countervailing duties paid.’’. 
SEC. 109. EXPORT PRICE AND CONSTRUCTED EXPORT 
PRICE. 
Section 772(c)(2)(A) of the Tariff Act of 1930 (19 
U.S.C. 1677a(c)(2)(A)) is amended by inserting ‘‘(includ-
ing countervailing duties imposed under this title)’’ after 
‘‘duties’’.
SEC. 110. EFFECTIVE DATE. 
The amendments made by this title shall apply with 
respect to determinations made under title VII of the Tar-
iff Act of 1930 that—
(1) are made with respect to investigations ini-
tiated or petitions filed on or after the date of the 
enactment of this Act; or 
(2) have not become final as of such date of en-
actment. 
TITLE II—SAFEGUARD 
AMENDMENTS 
SEC. 201. 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 III—INTERNATIONAL 
TRADE NEGOTIATIONS 
SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE 
REMEDY LAWS. 
Section 2102(b)(14) of the Trade Act of 2002 (19 
U.S.C. 3801(b)) is amended by adding at the end the fol-
lowing flush sentence: 
‘‘In order to carry out subparagraph (A), the United 
States Trade Representative should refuse to agree 
to any proposal, whether in the context of a trade
agreement entered into under the auspices of the 
World Trade Organization, or a free trade agree-
ment with another country or group of countries, 
that would, either individually or in combination 
with other proposals, weaken existing United States 
trade remedy laws contained in title VII of the Tar-
iff Act of 1930 or chapter 1 of title II of the Trade 
Act of 1974, including any proposal that would 
make obtaining relief under these provisions more 
difficult, uncertain, or costly for domestic industries 
to achieve or maintain over time.’’. 
SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING 
TRADE AGREEMENTS. 
Section 2104(d)(3)(A) of the Trade Act of 2002 (19 
U.S.C. 3804(d)(3)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ after the 
semicolon; 
(2) in clause (ii), by striking the period and in-
serting a semicolon; and 
(3) by adding after clause (ii) the following: 
‘‘(iii) with respect to each specific pro-
posal that could require amendments to 
title VII of the Tariff Act of 1930 or chap-
ter 1 of title II of the Trade Act of 1974, 
whether and to what extent the proposal
would, either individually or in combination 
with other proposals, make obtaining relief 
under these provisions more difficult, un-
certain, or costly for domestic industries to 
achieve or maintain over time; and 
‘‘(iv) for each specific proposal that 
the President reports would not (whether 
individually or in combination with other 
proposals) make obtaining relief under title 
VII of the Tariff Act of 1930 or chapter 
1 of title II of the Trade Act of 1974 more 
difficult, uncertain, or costly for domestic 
industries to achieve or maintain over 
time, a detailed explanation providing the 
basis for this conclusion.’’. 
SEC. 303. EFFECTIVE DATE. 
The amendments made by this title take effect on the 
date of the enactment of this Act. 
TITLE IV—CONGRESSIONAL AD-
VISORY COMMISSION ON WTO 
DISPUTE SETTLEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Congressional Advi-
sory Commission on WTO Dispute Settlement Act’’.
SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The United States joined the World Trade 
Organization as an original member with the goal of 
creating an improved global trading system and pro-
viding expanded economic opportunities for United 
States firms and workers. 
(2) The dispute settlement rules of the WTO 
were created to enhance the likelihood that govern-
ments will observe their WTO obligations. 
(3) These dispute settlement rules help ensure 
that the United States can reap the full benefits of 
its participation in the WTO and have acted, on bal-
ance, to the benefit of the United States. 
(4) Successful operation of the WTO dispute 
settlement system was critical to congressional ap-
proval of the Uruguay Round Agreements and is 
critical to continued support by the United States 
for the WTO. In particular, it is imperative that dis-
pute settlement panels and the Appellate Body—
(A) operate with fairness and in an impar-
tial manner; 
(B) strictly observe the terms of reference 
and any applicable standard of review set forth 
in the Uruguay Round Agreements; and
(C) not add to the obligations, or diminish 
the rights, of WTO members under the Uru-
guay Round Agreements in violation of Articles 
3.2 and 19.2 of the Dispute Settlement Under-
standing. 
(5) An increasing number of reports by dispute 
settlement panels and the Appellate Body have 
raised serious concerns within the Congress about 
the ability of the WTO dispute settlement system to 
operate in accordance with paragraph (4). 
(6) In particular, several reports of dispute set-
tlement panels and the Appellate Body have added 
to the obligations and diminished the rights of WTO 
members, particularly under the Agreement on Im-
plementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, the Agreement on Sub-
sidies and Countervailing Measures, and the Agree-
ment on Safeguards. 
(7) In order to come into compliance with re-
ports of dispute settlement panels and the Appellate 
Body that have been adopted by the Dispute Settle-
ment Body, the Congress may need to amend or re-
peal statutes of the United States. In such cases, the 
Congress must have a high degree of confidence that 
the reports are in accordance with paragraph (4).
(8) The Congress needs impartial, objective, 
and juridical advice to determine the appropriate re-
sponse to reports of dispute settlement panels and 
the Appellate Body. 
(9) The United States remains committed to 
the multilateral, rules-based trading system. 
(b) PURPOSE.—It is the purpose of this title to pro-
vide for the establishment of the Congressional Advisory 
Commission on WTO Dispute Settlement to provide objec-
tive and impartial advice to the Congress on the operation 
of the dispute settlement system of the World Trade Orga-
nization. 
SEC. 403. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Congressional Advisory Com-
mission on WTO Dispute Settlement (in this title referred 
to as the ‘‘Commission’’). 
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be 
composed of 5 members, all of whom shall be judges 
or former judges of the Federal judicial circuits and 
shall be appointed by the Speaker of the House of 
Representatives and the President pro tempore of 
the Senate after considering the recommendations of 
the Chairman and ranking member of the Com-
mittee on Finance of the Senate and the Chairman 
and ranking member of the Committee on Ways and 
Means of the House of Representatives. Commis-
sioners shall be chosen without regard to political af-
filiation and solely on the basis of each Commis-
sioner’s fitness to perform the duties of a Commis-
sioner. 
(2) DATE.—The appointments of the initial 
members of the Commission shall be made not later 
than 90 days after the date of the enactment of this 
Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—Members of the Commission 
shall each be appointed for a term of 5 years, except 
that of the members first appointed, 3 members 
shall be appointed for terms of 3 years. 
(2) VACANCIES.—
(A) IN
GENERAL.—Any vacancy on the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment was made and shall be subject 
to the same conditions as the original appoint-
ment.
(B) UNEXPIRED
TERM.—An individual 
chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(e) MEETINGS.—The Commission shall meet at the 
call of the Chairperson. 
(f) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a Chairperson and Vice Chair-
person from among its members. 
(h) FUNDING.—Members of the Commission shall be 
allowed travel expenses, including per diem in lieu of sub-
sistence at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the Commis-
sion. 
SEC. 404. DUTIES OF THE COMMISSION. 
(a) ADVISING CONGRESS ON THE OPERATION OF 
THE WTO DISPUTE SETTLEMENT SYSTEM.—
(1) IN GENERAL.—The Commission shall re-
view—
(A) all adverse reports of dispute settle-
ment panels and the Appellate Body which 
are—
(i) adopted by the Dispute Settlement 
Body; and 
(ii) the result of a proceeding initiated 
against the United States by a WTO mem-
ber; and 
(B) upon the request of the Committee on 
Ways and Means of the House of Representa-
tives or the Committee on Finance of the Sen-
ate—
(i) any adverse report of a dispute 
settlement panel or the Appellate Body—
(I) which is adopted by the Dis-
pute Settlement Body; and 
(II) in which the United States is 
a complaining party; or 
(ii) any other finding which is con-
tained in a report of a dispute settlement 
panel or the Appellate Body that is adopt-
ed by the Dispute Settlement Body.
(2) SCOPE OF REVIEW.—The Commission shall 
advise the Congress in connection with each adverse 
finding or other finding under paragraph (1) (B) 
only whether—
(A) the dispute settlement panel or the Ap-
pellate Body, as the case may be—
(i) exceeded its authority or its terms 
of reference; 
(ii) added to the obligations, or dimin-
ished the rights, of the United States 
under the Uruguay Round Agreement 
which is the subject of the finding; 
(iii) acted arbitrarily or capriciously, 
engaged in misconduct, or demonstrably 
departed from the procedures specified for 
panels and the Appellate Body in the ap-
plicable Uruaguay Round Agreement; and 
(iv) deviated from the applicable 
standard of review, including in anti-
dumping, countervailing duty, and other 
unfair trade remedy cases, the standard of 
review set forth in Article 17.6 of the 
Agreement on Implementation of Article 
VI of the General Agreement on Tariffs 
and Trade 1994; and
(B) the finding is consistent with the origi-
nal understanding by the United States of the 
Uruguay Round Agreement that is the subject 
of the finding as explained in the statement of 
administrative action approved under section 
101(a) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(a)). 
(3) NO DEFERENCE.—Applying the standards 
set forth in paragraph (2) does not require deference 
to findings of law made by the dispute settlement 
panel or the Appellate Body, as the case may be. 
(b) DETERMINATION; REPORT.—
(1) DETERMINATION.—
(A) IN
GENERAL.—Not later than 150 
days after the date on which the Commission 
receives notice of a report or request under sec-
tion 405(b), the Commission shall make a writ-
ten determination with respect to the matters 
described in paragraph (2) of subsection (a), in-
cluding a full analysis of the basis for its deter-
mination. A vote by a majority of the members 
of the Commission shall constitute a determina-
tion of the Commission, although the members 
need not agree on the basis for their vote.
(B) DISSENTING
OR
CONCURRING
OPIN-
IONS.—Any member of the Commission who 
disagrees with a determination of the Commis-
sion or who concurs in such a determination on 
a basis different from that of the Commission 
or other members of the Commission, may write 
an opinion expressing such disagreement or 
concurrence, as the case may be. 
(2) REPORT.—The Commission shall promptly 
report the determinations described in paragraph 
(1)(A) to the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate. The Commission shall include 
with the report any opinions written under para-
graph (1)(B) with respect to the determination. 
(c) AVAILABILITY TO THE PUBLIC.—Each report of 
the Commission under subsection (b)(2), together with the 
opinions included with the report, shall be made available 
to the public. 
SEC. 405. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold a public 
hearing to solicit views concerning a report of a dispute 
settlement panel or the Appellate Body described in sec-
tion 404(a)(1), if the Commission considers such hearing 
to be necessary to carry out the purpose of this title. The
Commission shall provide reasonable notice of a hearing 
held pursuant to this subsection. 
(b) INFORMATION FROM INTERESTED PARTIES AND 
FEDERAL AGENCIES.—
(1) NOTICE TO COMMISSION.—
(A) UNDER SECTION 404(a)(1)(A).—The 
Trade Representative shall advise the Commis-
sion not later than 5 business days after the 
date the Dispute Settlement Body adopts a re-
port of a panel or the Appellate Body that is 
to be reviewed by the Commission under section 
404(a)(1)(A). 
(B) UNDER SECTION 404(a)(1)(B).—The 
Committee on Ways and Means or the Com-
mittee on Finance, as the case may be, may 
make and notify the Commission of a request 
under section 404(a)(1)(B) not later than 1 
year after the Dispute Settlement Body adopts 
the report that is the subject of the request. 
(C) REPORTS
ADOPTED
PRIOR
TO
AP-
POINTMENT OF COMMISSION.—With respect to 
any report to which section 404(a)(1)(B) ap-
plies and that is adopted before the date on 
which the first members of the Commission are 
appointed under section 403(b)(2), the Com-
mittee on Ways and Means or the Committee 
on Finance, as the case may be, may make and 
notify the Commission of a request under sec-
tion 404(a)(1)(B) with respect to that report 
not later than 1 year after the date on which 
the first members of the Commission are ap-
pointed under section 403(b)(2). 
(2) SUBMISSIONS AND REQUESTS FOR INFOR-
MATION.—
(A) IN GENERAL.—The Commission shall 
promptly publish in the Federal Register notice 
of the notice received under paragraph (1) from 
the Trade Representative, the Committee on 
Ways and Means, or the Committee on Fi-
nance, as the case may be, along with notice of 
an opportunity for interested parties to submit 
written comments to the Commission. The 
Commission shall make comments submitted 
pursuant to the preceding sentence available to 
the public. 
(B) INFORMATION FROM FEDERAL AGEN-
CIES
AND
DEPARTMENTS.—The Commission 
may also secure directly from any Federal de-
partment or agency such information as the 
Commission considers necessary to carry out
the provisions of this title. Upon the request of 
the chairperson of the Commission, the head of 
such department or agency shall furnish the in-
formation requested to the Commission in a 
timely manner. 
(3) ACCESS TO PANEL AND APPELLATE BODY 
DOCUMENTS.—
(A) IN GENERAL.—The Trade Representa-
tive shall make available to the Commission all 
submissions and relevant documents relating to 
a report of a panel or the Appellate Body de-
scribed in section 404(a)(1), including any in-
formation contained in such submissions identi-
fied by the provider of the information as pro-
prietary information or information designated 
as confidential by a foreign government. 
(B) 
PUBLIC
ACCESS.—Any 
document 
which the Trade Representative submits to the 
Commission shall be available to the public, ex-
cept information which is identified as propri-
etary or confidential or the disclosure of which 
would otherwise violate the rules of the WTO. 
(c) ASSISTANCE FROM FEDERAL AGENCIES; CON-
FIDENTIALITY.—
(1) ADMINISTRATIVE ASSISTANCE.—Any agency 
or department of the United States that is des-
ignated by the President shall provide administrative 
services, funds, facilities, staff, or other support 
services to the Commission to assist the Commission 
with the performance of the Commission’s functions. 
(2) CONFIDENTIALITY.—The Commission shall 
protect from disclosure any document or information 
submitted to it by a department or agency of the 
United States which the agency or department re-
quests be kept confidential. The Commission shall 
not be considered to be an agency for purposes of 
section 552 of title 5, United States Code. 
SEC. 406. SENSE OF CONGRESS REGARDING PARTICIPA-
TION 
IN 
WORLD 
TRADE 
ORGANIZATION 
PANEL PROCEEDINGS. 
It is the sense of the Congress that, to the maximum 
extent permissible under the rules and practices of the 
WTO—
(1) if the Trade Representative, in proceedings 
before a dispute settlement panel or the Appellate 
Body of the WTO, seeks—
(A) to enforce United States rights under 
a multilateral trade agreement; or
(B) to defend a challenged action or deter-
mination of the United States Government, 
a private United States person that is supportive of 
the United States Government’s position before the 
panel or the Appellate Body and that has a direct 
and tangible interest in the panel’s or the Appellate 
Body’s resolution of the matters in dispute should be 
permitted to observe and have access to the pro-
ceedings; 
(2) the Trade Representative should make 
available to United States persons described in para-
graph (1) all information presented to or otherwise 
obtained by the Trade Representative in connection 
with the applicable WTO dispute settlement pro-
ceeding; and 
(3) upon the request of a United States person 
described in paragraph (1), the Trade Representa-
tive should—
(A) consult in advance with such United 
States person regarding the content of written 
submissions from the United States to the 
panel concerned or to the other member coun-
tries involved; 
(B) include, where appropriate, such 
United States person, or the appropriate rep-
resentative of that person, as an advisory mem-
ber of the United States delegation in sessions 
of the dispute settlement panel; and 
(C) allow such United States person, if 
such person would bring special knowledge to 
the proceeding and would be useful to the 
United States case, to appear before the panel, 
directly or through counsel, under the super-
vision of responsible United States Government 
officials. 
SEC. 407. DEFINITIONS. 
In this title: 
(1) ADVERSE
FINDING.—The term ‘‘adverse 
finding’’ means—
(A) in a proceeding of a panel or the Ap-
pellate Body that is initiated against the United 
States, a finding by the panel or the Appellate 
Body that any law or regulation of, or applica-
tion thereof by, the United States, or any State, 
is inconsistent with the obligations of the 
United States under a Uruguay Round Agree-
ment (or nullifies or impairs benefits accruing 
to a WTO member under such an Agreement); 
or
(B) in a proceeding of a panel or the Ap-
pellate Body in which the United States is a 
complaining party, any finding by the panel or 
the Appellate Body that a measure of the party 
complained against is not inconsistent with that 
party’s obligations under a Uruguay Round 
Agreement (or does not nullify or impair bene-
fits accruing to the United States under such 
an Agreement). 
(2) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established by the 
Dispute Settlement Body pursuant to Article 17.1 of 
the Dispute Settlement Understanding. 
(3) DISPUTE
SETTLEMENT
BODY.—The term 
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body established pursuant to the Dispute 
Settlement Understanding. 
(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 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) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(16)). 
(6) TERMS OF REFERENCE.—The term ‘‘terms 
of reference’’ has the meaning given such term in 
the Dispute Settlement Understanding. 
(7) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
(8) URUGUAY ROUND AGREEMENT.—The term 
‘‘Uruguay Round Agreement’’ means any of the 
Agreements described in section 101(d) of the Uru-
guay Round Agreements Act. 
(9) UNITED
STATES
PERSON.—The term 
‘‘United States person’’ means—
(A) a United States citizen or an alien ad-
mitted for permanent residence into the United 
States; and 
(B) a corporation, partnership, or other 
legal entity organized under the laws of the 
United States or of any State, the District of 
Columbia, or any commonwealth, territory, or 
possession of the United States. 
(10) WORLD TRADE ORGANIZATION; WTO.—The 
terms ‘‘World Trade Organization’’ and ‘‘WTO’’
mean the organization established pursuant to the 
WTO Agreement. 
(11) WTO AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
(12) WTO MEMBER.—The term ‘‘WTO mem-
ber’’ has the meaning given that term in section 
2(10) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(10)). 
SEC. 408. EFFECTIVE DATE. 
This title shall take effect on the date of the enact-
ment of this Act. 
TITLE V—STEEL IMPORT 
NOTIFICATION 
SEC. 501. STEEL IMPORT LICENSING AND SURGE MONI-
TORING 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 licensing and 
surge monitoring program. The program shall include a 
requirement that any person importing a product classi-
fied under chapter 72 or 73 of the Harmonized Tariff 
Schedule of the United States, and any person importing
a product which was classified under either such chapter 
but has been the subject of temporary modifications, es-
tablished pursuant to trade remedy laws, under chapter 
99 of the Harmonized Tariff Schedule of the United 
States, obtain a steel import license before such products 
are entered into the United States. The program estab-
lished under this subsection shall remain in effect regard-
less of the termination of any measures imposed under 
section 201 of the Trade Act of 1974 with respect to any 
product classified under chapter 72 or 73 of the Har-
monized Tariff Schedule of the United States. 
(b) MODIFICATION OF EXISTING REGULATIONS.—
Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Commerce shall modify regu-
lations in effect under sections 360.101 through 360.108 
of title 19, Code of Federal Regulations, on the date of 
the enactment of this Act to conform to the provisions of 
this title. 
(c) STEEL IMPORT LICENSES.—
(1) IN GENERAL.—The Secretary of Commerce 
shall issue a steel import license to any person who 
files an application that meets the requirements of 
this section. 
(2) APPLICATION.—In order to obtain a steel 
import license, an importer, customs broker, or
agent shall submit an application to the Secretary of 
Commerce containing—
(A) the filer’s company name and address; 
(B) the filer’s contact name, phone num-
ber, fax number, and e-mail address; 
(C) a statement as to whether the goods 
are being entered for consumption, or for entry 
into a bonded warehouse or foreign trade zone, 
or for entry under a temporary importation 
bond, or for being entered for transportation 
and exportation; 
(D) the importer’s name; 
(E) the manufacturer’s name; 
(F) the country of origin; 
(G) the country of exportation; 
(H) the expected date of export; 
(I) the expected date of import; 
(J) the expected port of entry; 
(K) a description of the goods, including 
the current classification of such goods under 
the Harmonized Tariff Schedule of the United 
States; 
(L) the most recent classification of such 
goods under the Harmonized Tariff Schedule of 
the United States prior to temporary modifica-
tions established pursuant to trade remedy 
laws, if the current classification of such goods 
is under chapter 99 of the Harmonized Tariff 
Schedule of the United States; 
(M) the quantity of such goods (in kilo-
grams); 
(N) the customs value of such goods in 
United States dollars; and 
(O) any other information that the Sec-
retary of Commerce determines to be necessary 
and appropriate. 
(3) CERTIFICATION.—The importer, customs 
broker, or agent submitting the application under 
paragraph (2) must certify the accuracy and com-
pleteness of the information submitted. 
(4) TIME PERIOD FOR APPLICATION.—An appli-
cation for a steel import license may be submitted 
on the date of importation or on any date up to 60 
days before the expected date of importation or, in 
the case of products withdrawn for consumption 
from a bonded warehouse, until the date of entry 
summary. 
(5) DURATION OF STEEL IMPORT LICENSE.—A 
steel import license shall be valid for a period of 75 
days beginning on the date on which it is issued.