I 
110TH CONGRESS 
1ST SESSION 
H. R. 708 
To amend United States trade laws to address more effectively import crises, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 29, 2007 
Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee 
on Rules, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Trade Law Reform Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 
1930 
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Sec. 101. Captive production. 
Sec. 102. Price. 
Sec. 103. Vulnerability of industry; cumulation. 
Sec. 104. Causal relationship between imports and injury. 
Sec. 105. Prevention of circumvention. 
Sec. 106. Perishable agricultural products. 
Sec. 107. Export price and constructed export price. 
Sec. 108. Drawback adjustment in antidumping cases. 
Sec. 109. Expedited remedy where persistent dumping is present. 
Sec. 110. Countervailable subsidy. 
Sec. 111. Valuing freight for inputs in nonmarket economy country anti-
dumping calculations. 
Sec. 112. Revocation of nonmarket economy country status. 
Sec. 113. Application of countervailing duties to nonmarket economy countries. 
Sec. 114. Downstream dumping. 
Sec. 115. Effective date. 
TITLE II—SAFEGUARD AMENDMENTS 
Sec. 201. Amendments to chapter 1 of title II of the Trade Act of 1974. 
TITLE III—INTERNATIONAL TRADE NEGOTIATIONS 
Sec. 301. Negotiating objectives regarding trade remedy laws. 
Sec. 302. Consultations and assessments regarding trade Agreements. 
Sec. 303. Effective date. 
TITLE IV—CONGRESSIONAL ADVISORY COMMISSION ON WTO 
DISPUTE SETTLEMENT 
Sec. 401. Short title. 
Sec. 402. Congressional findings and purpose. 
Sec. 403. Establishment of Commission. 
Sec. 404. Duties of the Commission. 
Sec. 405. Powers of the Commission. 
Sec. 406. Report by United States Trade Representative. 
Sec. 407. Definitions. 
Sec. 408. Effective date. 
TITLE V—STEEL IMPORT LICENSING AND MONITORING 
Sec. 501. Maintenance and expansion of steel import licensing and monitoring 
program. 
TITLE VI—MISCELLANEOUS PROVISIONS 
Sec. 601. Construction. 
Sec. 602. Application to goods from Canada and Mexico. 
Sec. 603. Participation in WTO panel proceedings. 
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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 
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not have a significant effect on prices 
merely because of the volume of imports of 
the subject merchandise.’’. 
SEC. 103. VULNERABILITY OF INDUSTRY; CUMULATION. 
(a) VULNERABILITY.—Section 771(7)(C)(iii) of the 
Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended 
in the last sentence by striking the period at the end and 
inserting ‘‘, including whether the industry is vulnerable 
to the effects of imports of the subject merchandise.’’. 
(b) CUMULATION.—Section 771(7)(G)(i) of the Tar-
iff Act of 1930 (19 U.S.C. 1677(7)(G)(i)) is amended to 
read as follows: 
‘‘(i) IN GENERAL.—For purposes of 
clauses (i) and (ii) of subparagraph (C), 
and subject to clause (ii), the Commission 
shall cumulatively assess the volume and 
effect of imports of the subject merchan-
dise from all countries subject to petitions 
filed under section 702(b) or 732(b), or 
subject to investigations initiated under 
702(a) or 732(a), if such petitions were 
filed, or such investigations were initiated, 
within 90 days before the date on which 
the Commission is required to make its 
final injury determination, and if such im-
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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-
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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 
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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. 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 after ‘‘du-
ties’’ the following: ‘‘(including any antidumping duties, 
any countervailing duties, and those temporary duties that 
are proclaimed to provide import relief)’’. 
SEC. 108. DRAWBACK ADJUSTMENT IN ANTIDUMPING 
CASES. 
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 
U.S.C. 1677a(c)(1)(B)) is amended by inserting after 
‘‘United States,’’ the following: ‘‘but only to the extent 
necessary to offset import duties that have been paid on 
inputs used in the production of subject merchandise sold 
in the home market,’’. 
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SEC. 109. EXPEDITED REMEDY WHERE PERSISTENT DUMP-
ING IS PRESENT. 
Section 732(a)(2) of the Tariff Act of 1930 (19 
U.S.C. 1673a(a)(2)) is amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) INITIATION
OF
EXPEDITED
INVES-
TIGATION.—An expedited antidumping duty in-
vestigation shall be initiated with respect to a 
particular class or kind of merchandise that is 
subject to an existing antidumping order within 
20 days of the request of an interested party 
described in subparagraph (C), (D), (E), (F), 
or (G) of section 771(9), if the administering 
authority determines, from information avail-
able to it, that imports of such class or kind of 
merchandise have increased materially from an 
additional supplier country, as defined in sub-
paragraph (C), during a period of 90 days or 
during a longer period as determined by the ad-
ministering authority to be appropriate. The re-
quest shall allege and present supporting infor-
mation that such imports are occurring. The 
administering authority, in making a deter-
mination under this subparagraph, shall con-
sider the public record of its investigation of 
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