345
cluding any previous identification under sub-
section (a)(2), and
‘‘(B) the history of efforts of the United
States, and the response of the foreign country,
to achieve adequate and effective protection and
enforcement of intellectual property rights.’’;
and
(2) in subsection (d)—
(A) in paragraph (3) by amending the
matter preceding subparagraph (A) to read as
follows:
‘‘(3) A foreign country denies fair and equitable
market access if the foreign country effectively de-
nies access to a market for a product protected by
a copyright or related right, patent, trademark,
mask work, trade secret, or plant breeder’s right,
through the use of laws, procedures, practices, or
regulations which—’’; and
(B) by adding at the end the following:
‘‘(4) A foreign country may be determined to
deny adequate and effective protection of intellectual
property rights, notwithstanding the fact that the
foreign country may be in compliance with the spe-
cific obligations of the Agreement on Trade-Related
Aspects of Intellectual Property Rights referred to in
346
section 101(d)(15) of the Uruguay Round Agree-
ments Act.’’; and
(3) by adding at the end the following:
‘‘(g) ANNUAL REPORT.—The Trade Representative
shall, by not later than the date by which countries are
identified under subsection (a), transmit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate, a report on ac-
tions taken under this section during the 12 months pre-
ceding such report, and the reasons for such actions, in-
cluding a description of progress made in achieving im-
proved intellectual property protection and market access
for persons relying on intellectual property rights.’’.
SEC. 314. AMENDMENTS TO TITLE III OF THE TRADE ACT
OF 1974.
(a) SCOPE OF AUTHORITY.—
(1) IN
GENERAL.—Subsections (a)(1) and
(b)(2) of section 301 of the Trade Act of 1974 (19
U.S.C. 2411(a)(1) and (b)(2)) are each amended by
adding the following sentence at the end:
‘‘Actions may be taken that are within the power of the
President with respect to trade in any goods or services,
or with respect to any other area of pertinent relations
with the foreign country.’’.
347
(2) IMPORT RESTRICTIONS.—Section 301(c)(5)
of the Trade Act of 1974 (19 U.S.C. 2411(c)(5)) is
amended by striking the matter preceding subpara-
graph (B) and inserting the following:
‘‘(5) If the Trade Representative determines
that actions to be taken under subsection (a) or (b)
are to be in the form of import restrictions, the
Trade Representative shall—
‘‘(A) give preference to the imposition of
duties over the imposition of other import re-
strictions, and’’.
(b) RELATIONSHIP WITH OTHER AUTHORITIES.—
Section 301(c) of the Trade Act of 1974 (19 U.S.C.
2411(c)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘or’’
after the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B)
the following:
‘‘(C) in a case in which the act, policy, or
practice also fails to meet the eligibility criteria
for receiving duty-free treatment under sub-
sections (b) and (c) of section 502 of this Act,
348
subsections (b) and (c) of section 212 of the
Caribbean Basin Economic Recovery Act (19
U.S.C. 2702(b) and (c)), or subsections (c) and
(d) of section 203 of the Andean Trade Pref-
erence Act (19 U.S.C. 3202(c) and (d)), with-
draw, limit, or suspend such treatment under
such provisions, notwithstanding the provisions
of subsection (a)(3) of this section; or’’.
(c) DEFINITION OF AN UNREASONABLE ACT, POL-
ICY, OR PRACTICE.—Section 301(d)(3) of the Trade Act
of 1974 (19 U.S.C. 2411(d)(3)) is amended—
(1) 
in 
subparagraph 
(B)(i) 
by 
striking
subclauses (II) and (III) and inserting the following:
‘‘(II) provision of adequate and effec-
tive protection of intellectual property
rights notwithstanding the fact that the
foreign country may be in compliance with
the specific obligations of the Agreement
on Trade-Related Aspects of Intellectual
Property Rights referred to in section
101(d)(15) of the Uruguay Round Agree-
ments Act,
‘‘(III) nondiscriminatory market ac-
cess opportunities for United States per-
349
sons that rely upon intellectual property
protection, or
‘‘(IV) market opportunities, including
the toleration by a foreign government of
systematic anticompetitive activities by en-
terprises or among enterprises in the for-
eign country that have the effect of re-
stricting, on a basis that is inconsistent
with commercial considerations, access of
United States goods or services to a for-
eign market,’’; and
(2) by adding at the end the following:
‘‘(F)(i) For the purposes of subparagraph
(B)(i)(II), adequate and effective protection of intel-
lectual property rights includes adequate and effec-
tive means under the laws of the foreign country for
persons who are not citizens or nationals of such
country to secure, exercise, and enforce rights and
enjoy commercial benefits relating to patents, trade-
marks, copyrights and related rights, mask works,
trade secrets, and plant breeder’s rights.
‘‘(ii) For purposes of subparagraph (B)(i)(IV),
the denial of fair and equitable nondiscriminatory
market access opportunities includes restrictions on
market access related to the use, exploitation, or en-
350
joyment of commercial benefits derived from exercis-
ing intellectual property rights in protected works or
fixations or products embodying protected works.’’.
(d) TIME LIMITS FOR DETERMINATIONS OF UNFAIR
TRADE PRACTICES.—Section 304(a) of the Trade Act of
1974 (19 U.S.C. 2414(a)) is amended—
(1) in subparagraph (A) of paragraph (2), by
striking ‘‘(other than the agreement on subsidies
and countervailing measures described in section
2(c)(5) of the Trade Agreements Act of 1979)’’,
(2)(A) in subparagraph (A) of paragraph (3),
by inserting ‘‘does not consider that a trade agree-
ment, including the Agreement on Trade-Related As-
pects of Intellectual Property (referred to in section
101(d)(15) of the Uruguay Round Agreements Act),
is involved or’’ after ‘‘the Trade Representative’’ the
first place it appears, and
(B) in subparagraph (B) of paragraph (3), in
the matter preceding clause (i), by striking ‘‘any in-
vestigation initiated by reason of section 302(b)(2)’’
and inserting ‘‘an investigation initiated by reason of
section 302(b)(2) (other than an investigation in-
volving a trade agreement)’’, and
(3) in paragraph (4), by striking ‘‘(other than
the agreement on subsidies and countervailing meas-
351
ures described in section 2(c)(5) of the Trade Agree-
ments Act of 1979)’’.
(e) MONITORING OF FOREIGN COMPLIANCE.—Sub-
sections (a) and (b) of section 306 of the Trade Act of
1974 (19 U.S.C. 2416) are amended to read as follows:
‘‘(a) IN GENERAL.—The Trade Representative shall
monitor the implementation of each measure undertaken,
or agreement that is entered into, by a foreign country
to provide a satisfactory resolution of a matter subject to
investigation under this chapter or subject to dispute set-
tlement proceedings to enforce the rights of the United
States under a trade agreement providing for such pro-
ceedings.
‘‘(b) FURTHER ACTION.—
‘‘(1) IN GENERAL.—If, on the basis of the mon-
itoring carried out under subsection (a), the Trade
Representative considers that a foreign country is
not satisfactorily implementing a measure or agree-
ment referred to in subsection (a), the Trade Rep-
resentative shall determine what further action the
Trade Representative shall take under section
301(a). For purposes of section 301, any such deter-
mination shall be treated as a determination made
under section 304(a)(1).’’.
352
‘‘(2) 
WTO 
DISPUTE
SETTLEMENT
REC-
OMMENDATIONS.—If the measure or agreement re-
ferred to in subsection (a) concerns the implementa-
tion of a recommendation made pursuant to dispute
settlement proceedings under the World Trade Orga-
nization, and the Trade Representative considers
that the foreign country has failed to implement it,
the Trade Representative shall make the determina-
tion in paragraph (1) no later than 30 days after the
expiration of the reasonable period of time provided
for such implementation under paragraph 21 of the
Understanding on Rules and Procedures Governing
the Settlement of Disputes that is referred to in sec-
tion 101(d)(16) of the Uruguay Round Agreements
Act.’’.
(f) EXTENSION OF SECTION 310 OF THE TRADE ACT
OF 1974.—Section 310 of the Trade Act of 1974 (19
U.S.C. 2420) is amended to read as follows:
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.
‘‘(a) IDENTIFICATION.—
‘‘(1) Within 180 days after the submission in
calendar year 1995 of the report required by section
181(b), the Trade Representative shall—
353
‘‘(A) review United States trade expansion
priorities,
‘‘(B) identify priority foreign country prac-
tices, the elimination of which is likely to have
the most significant potential to increase Unit-
ed States exports, either directly or through the
establishment of a beneficial precedent, and
‘‘(C) submit to the Committee on Finance
of the Senate and the Committee on Ways and
Means of the House of Representatives and
publish in the Federal Register a report on the
priority foreign country practices identified.
‘‘(2) In identifying priority foreign country
practices under paragraph (1) of this section, the
Trade Representative shall take into account all rel-
evant factors, including—
‘‘(A) the major barriers and trade distort-
ing practices described in the National Trade
Estimate Report required under section 181(b);
‘‘(B) the trade agreements to which a for-
eign country is a party and its compliance with
those agreements;
‘‘(C) the medium- and long-term implica-
tions of foreign government procurement plans;
and
354
‘‘(D) the international competitive position
and export potential of United States products
and services.
‘‘(3) The Trade Representative may include in
the report, if appropriate—
‘‘(A) a description of foreign country prac-
tices that may in the future warrant identifica-
tion as priority foreign country practices; and
‘‘(B) a statement about other foreign coun-
try practices that were not identified because
they are already being addressed by provisions
of United States trade law, by existing bilateral
trade agreements, or as part of trade negotia-
tions with other countries and progress is being
made toward the elimination of such practices.
‘‘(b) INITIATION OF INVESTIGATIONS.—By no later
than the date which is 21 days after the date on which
a report is submitted to the appropriate congressional
committees under subsection (a)(1), the Trade Represent-
ative shall initiate under section 302(b)(1) investigations
under this chapter with respect to all of the priority for-
eign country practices identified.
‘‘(c) AGREEMENTS FOR THE ELIMINATION OF BAR-
RIERS.—In the consultations with a foreign country that
the Trade Representative is required to request under sec-
355
tion 303(a) with respect to an investigation initiated by
reason of subsection (b), the Trade Representative shall
seek to negotiate an agreement that provides for the elimi-
nation of the practices that are the subject of the inves-
tigation as quickly as possible or, if elimination of the
practices is not feasible, an agreement that provides for
compensatory trade benefits.
‘‘(d) REPORTS.—The Trade Representative shall in-
clude in the semiannual report required by section 309
a report on the status of any investigations initiated pur-
suant to subsection (b) and, where appropriate, the extent
to which such investigations have led to increased opportu-
nities for the export of products and services of the United
States.’’.
SEC. 315. OBJECTIVES IN INTELLECTUAL PROPERTY.
It is the objective of the United States—
(1) to accelerate the implementation of the
Agreement on Trade-Related Aspects of Intellectual
Property Rights referred to in section 101(d)(15),
(2) to seek enactment and effective implementa-
tion by foreign countries of laws to protect and en-
force intellectual property rights that supplement
and strengthen the standards of the Agreement on
Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) and the
356
North American Free Trade Agreement and, in par-
ticular—
(A) to conclude bilateral and multilateral
agreements that create obligations to protect
and enforce intellectual property rights that
cover new and emerging technologies and new
methods of transmission and distribution, and
(B) to prevent or eliminate discrimination
with respect to matters affecting the availabil-
ity, acquisition, scope, maintenance, use, and
enforcement of intellectual property rights,
(3) to secure fair, equitable, and nondiscrim-
inatory market access opportunities for United
States persons that rely upon intellectual property
protection,
(4) to take an active role in the development of
the intellectual property regime under the World
Trade Organization to ensure that it is consistent
with other United States objectives, and
(5) to take an active role in the World Intellec-
tual Property Organization (WIPO) to develop a co-
operative and mutually supportive relationship be-
tween the World Trade Organization and WIPO.
357
SEC. 316. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), 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.
(b) SECTION 314(f).—The amendment made by sec-
tion 314(f) takes effect on the date of the enactment of
this Act.
Subtitle C—Unfair Practices in
Import Trade
SEC. 321. UNFAIR PRACTICES IN IMPORT TRADE.
(a) AMENDMENTS TO SECTION 337 OF THE TARIFF
ACT OF 1930.—Section 337 of the Tariff Act of 1930 (19
U.S.C. 1337) is amended as follows:
(1) INVESTIGATION.—Subsection (b) is amend-
ed—
(A) by striking ‘‘; TIME LIMITS’’ in the
heading;
(B) in paragraph (1) by striking all that
follows the second sentence and inserting the
following: ‘‘The Commission shall conclude any
such investigation and make its determination
under this section at the earliest practicable
time after the date of publication of notice of
such investigation. To promote expeditious ad-
judication, the Commission shall, within 45
359
title 28, United States Code. Any counterclaim
raised pursuant to this section shall relate back
to the date of the original complaint in the pro-
ceeding before the Commission. Action on such
counterclaim shall not delay or affect the pro-
ceeding under this section, including the legal
and equitable defenses that may be raised
under this subsection.’’; and
(C) by adding at the end the following:
‘‘Determinations by the Commission under sub-
sections (e), (f), and (j) with respect to forfeit-
ure of bonds and under subsection (h) with re-
spect to the imposition of sanctions for abuse of
discovery or abuse of process shall also be
reviewable in accordance with section 706 of
title 5, United States Code.’’.
(3) ENTRY
UNDER
BOND.—Subsection (e) is
amended—
(A) in the last sentence of paragraph (1)
by striking ‘‘determined by the Commission’’
and all that follows through the end of the sen-
tence and inserting ‘‘prescribed by the Sec-
retary in an amount determined by the Com-
mission to be sufficient to protect the complain-
ant from any injury. If the Commission later
360
determines that the respondent has violated the
provisions of this section, the bond may be for-
feited to the complainant.’’;
(B) by adding at the end of paragraph (2)
the following: ‘‘If the Commission later deter-
mines that the respondent has not violated the
provisions of this section, the bond may be for-
feited to the respondent.’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) The Commission shall prescribe the terms and
conditions under which bonds may be forfeited under
paragraphs (1) and (2).’’.
(4) CEASE AND DESIST ORDERS.—Subsection
(f)(1) is amended by adding at the end the follow-
ing: ‘‘If a temporary cease and desist order is issued
in addition to, or in lieu of, an exclusion order under
subsection (e), the Commission may require the com-
plainant to post a bond, in an amount determined
by the Commission to be sufficient to protect the re-
spondent from any injury, as a prerequisite to the
issuance of an order under this subsection. If the
Commission later determines that the respondent
has not violated the provisions of this section, the
bond may be forfeited to the respondent. The Com-
361
mission shall prescribe the terms and conditions
under which the bonds may be forfeited under this
paragraph.’’.
(5) CONDITIONS
APPLICABLE
FOR
GENERAL
EXCLUSION ORDERS.—(A) Subsection (d) is amend-
ed—
(i) by inserting ‘‘(1)’’ before ‘‘If’’;
(ii) in the first sentence by striking ‘‘there
is violation’’ and inserting ‘‘there is a viola-
tion’’; and
(iii) by adding at the end the following new
paragraph:
‘‘(2) The authority of the Commission to order an
exclusion from entry of articles shall be limited to persons
determined by the Commission to be violating this section
unless the Commission determines that—
‘‘(A) a general exclusion from entry of articles
is necessary to prevent circumvention of an exclusion
order limited to products of named persons; or
‘‘(B) there is a pattern of violation of this sec-
tion and it is difficult to identify the source of in-
fringing products.’’.
(B) Subsection (g)(2) is amended—
(i) by striking ‘‘and’’ at the end of sub-
paragraph (A);
362
(ii) by striking the period at the end of
subparagraph (B) and inserting ‘‘, and’’; and
(iii) by adding after subparagraph (B) the
following:
‘‘(C) the requirements of subsection (d)(2) are
met.’’.
(6) ENTRY UNDER BOND AFTER REFERRAL TO
THE PRESIDENT.—Subsection (j)(3) is amended by
striking ‘‘shall be entitled to entry under bond’’ and
all that follows through the end of the sentence and
inserting ‘‘shall, until such determination becomes
final, be entitled to entry under bond prescribed by
the Secretary in an amount determined by the Com-
mission to be sufficient to protect the complainant
from any injury. If the determination becomes final,
the bond may be forfeited to the complainant. The
Commission shall prescribe the terms and conditions
under which bonds may be forfeited under this para-
graph.’’.
(7) ACCESS TO CONFIDENTIAL INFORMATION.—
Subsection (n)(2) is amended—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) an officer or employee of the Commission
who is directly concerned with—
363
‘‘(i) carrying out the investigation or relat-
ed proceeding in connection with which the in-
formation is submitted,
‘‘(ii) the administration of a bond posted
pursuant to subsection (e), (f), or (j),
‘‘(iii) the administration or enforcement of
an exclusion order issued pursuant to sub-
section (d), (e), or (g), a cease and desist order
issued pursuant to subsection (f), or a consent
order issued pursuant to subsection (c),
‘‘(iv) proceedings for the modification or
rescission of a temporary or permanent order
issued under subsection (d), (e), (f), (g), or (i),
or a consent order issued under this section, or
‘‘(v) maintaining the administrative record
of the investigation or related proceeding,’’; and
(B) by amending subparagraph (C) to read
as follows:
‘‘(C) an officer or employee of the United
States Customs Service who is directly involved in
administering an exclusion from entry under sub-
section (d), (e), or (g) resulting from the investiga-
tion or related proceeding in connection with which
the information is submitted.’’.
364
(8) TECHNICAL AMENDMENT.—Subsection (l) is
amended by striking ‘‘Claims Court’’ and inserting
‘‘Court of Federal Claims’’.
(b) AMENDMENTS TO TITLE 28, UNITED STATES
CODE.—
(1) STAY OF ACTIONS.—
(A) IN
GENERAL.—Chapter 111 of title
28, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1659. Stay of certain actions pending disposition of
related proceedings before the United
States International Trade Commission
‘‘(a) STAY.—In a civil action involving parties that
are also parties to a proceeding before the United States
International Trade Commission under section 337 of the
Tariff Act of 1930, at the request of a party to the civil
action that is also a respondent in the proceeding before
the Commission, the district court shall stay, until the de-
termination of the Commission becomes final, proceedings
in the civil action with respect to any claim that involves
the same issues involved in the proceeding before the Com-
mission, but only if such request is made within—
‘‘(1) 30 days after the party is named as a re-
spondent in the proceeding before the Commission,
or
365
‘‘(2) 30 days after the district court action is
filed,
whichever is later.
‘‘(b) USE OF COMMISSION RECORD.—Notwithstand-
ing section 337(n)(1) of the Tariff Act of 1930, after dis-
solution of a stay under subsection (a), the record of the
proceeding before the United States International Trade
Commission shall be transmitted to the district court and
shall be admissible in the civil action, subject to such pro-
tective order as the district court determines necessary,
to the extent permitted under the Federal Rules of Evi-
dence and the Federal Rules of Civil Procedure.’’.
(B) CLERICAL AMENDMENT.—The table of
sections for chapter 111 of title 28, United
States Code, is amended by adding at the end
the following new item:
‘‘1659. Stay of certain actions pending disposition of related proceedings before
the United States International Trade Commission.’’.
(2) COUNTERCLAIMS.—Section 1446 of title 28,
United States Code, is amended by adding at the
end the following:
‘‘(f) With respect to any counterclaim removed to a
district court pursuant to section 337(c) of the Tariff Act
of 1930, the district court shall resolve such counterclaim
in the same manner as an original complaint under the
Federal Rules of Civil Procedure, except that the payment
366
of a filing fee shall not be required in such cases and the
counterclaim shall relate back to the date of the original
complaint in the proceeding before the International
Trade Commission under section 337 of that Act.’’.
(3) JURISDICTION.—
(A) IN GENERAL.—Chapter 85 of title 28,
United States Code, is amended by adding at
the end the following:
‘‘§ 1368. Counterclaims in unfair practices in inter-
national trade.
‘‘The district courts shall have original jurisdiction
of any civil action based on a counterclaim raised pursuant
to section 337(c) of the Tariff Act of 1930, to the extent
that it arises out of the transaction or occurrence that is
the subject matter of the opposing party’s claim in the
proceeding under section 337(a) of that Act.’’.
(B) CLERICAL AMENDMENT.—The table of
sections for chapter 85 of title 28, United
States Code, is amended by adding at the end
the following:
‘‘1368. Counterclaims in unfair practices in international trade.’’.
SEC. 322. EFFECTIVE DATE.
The amendments made by this subtitle apply—
(1) with respect to complaints filed under sec-
tion 337 of the Tariff Act of 1930 on or after the
367
date on which the WTO Agreement enters into force
with respect to the United States, or
(2) in cases under such section 337 in which no
complaint is filed, with respect to investigations ini-
tiated under such section on or after such date.
Subtitle D—Textiles
SEC. 331. TEXTILE PRODUCT INTEGRATION.
Not later than 120 days after the date that the WTO
Agreement, as defined in section 2(9) of the Uruguay
Round Implementation Act, enters into force with respect
to the United States, the Secretary of Commerce shall
publish in the Federal Register a notice containing the list
of products to be integrated in each stage set out in Article
2(8) of the Agreement on Textiles and Clothing referred
to in section 101(d)(4). After publication of such list, the
list may not be changed unless otherwise required by stat-
ute or the international obligations of the United States,
to correct technical errors, or to reflect reclassifications.
Within 30 days after the publication of such list, the
Trade Representative shall notify the list to the Textiles
Monitoring Body established under Article 8 of the Agree-
ment on Textiles and Clothing.
368
SEC. 332. AMENDMENT TO SECTION 204 OF THE AGRICUL-
TURAL ACT OF 1956.
Section 204 of the Agricultural Act of 1956 (7 U.S.C.
1854) is amended by amending the second sentence to
read as follows: ‘‘In addition, if a multilateral agreement,
including but not limited to the Agreement on Textiles and
Clothing referred to in section 101(d)(4) of the Uruguay
Round Implementation Act, has been or is concluded
under the authority of this section among countries ac-
counting for a significant part of world trade in the arti-
cles with respect to which the agreement was concluded,
the President may also issue, in order to carry out such
agreement, regulations governing the entry or withdrawal
from warehouse of the same articles which are the prod-
ucts of countries not parties to the agreement, or countries
to which the United States does not apply the agree-
ment.’’.
SEC. 333. TEXTILE TRANSSHIPMENTS.
Part V of title IV of the Tariff Act of 1930 is amend-
ed by inserting after section 592 the following:
‘‘SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN
VIOLATIONS.
‘‘(a) PUBLICATION OF NAMES OF CERTAIN VIOLA-
TORS.—
‘‘(1) PUBLICATION.—The Secretary of the
Treasury is authorized to publish in the Federal
369
Register a list of the name of any producer, manu-
facturer, supplier, seller, exporter, or other person
located outside the customs territory of the United
States—
‘‘(A) against whom the Customs Service
has issued a penalty claim under section 592,
and
‘‘(B) if a petition with respect to that
claim has been filed under section 618, against
whom a final decision has been issued under
such section after exhaustion of administrative
remedies,
citing any of the violations of the customs laws re-
ferred to in paragraph (2). Such list shall be pub-
lished not later than March 31 and September 30 of
each year.
‘‘(2) VIOLATIONS.—. The violations of the cus-
toms laws referred to in paragraph (1) are the fol-
lowing:
‘‘(A) Using documentation, or providing
documentation subsequently used by the im-
porter of record, which indicates a false or
fraudulent country of origin or source of textile
or apparel products.