SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Trade Enforcement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
TITLE I—ELIMINATION OF FOREIGN BARRIERS TO EXPORTS OF 
U.S. GOODS AND SERVICES 
Sec. 101. Identification of trade expansion priorities. 
Sec. 102. Office of the Congressional Trade Enforcer. 
Sec. 103. Appointment of General Counsel of the U.S. Trade Representative. 
Sec. 104. Identification of countries that maintain unfair technical barriers to 
trade or unfair sanitary or phytosanitary measures. 
TITLE II—RESTORATION OF RIGHTS UNDER TRADE REMEDY 
LAWS 
Sec. 201. Application of countervailing duties to nonmarket economy countries 
and strengthening application of the law. 
Sec. 202. Treatment of individual business enterprises in nonmarket economy 
countries. 
Sec. 203. Revocation of nonmarket economy country status. 
Sec. 204. WTO Appellate Body rulings requiring offsets for non-dumped com-
parisons. 
Sec. 205. Role of WTO Appellate Body rulings in the WTO dispute settlement 
system. 
Sec. 206. Clarification regarding material injury by reason of imports of subject 
merchandise. 
Sec. 207. Standard for presidential action on ITC finding of market disruption. 
Sec. 208. Application of amendments to goods from Canada and Mexico. 
Sec. 209. Rule of construction. 
TITLE III—ENFORCEMENT OF HEALTH AND SAFETY LAWS AND 
INTELLECTUAL PROPERTY RIGHTS AT U.S. BORDERS 
Subtitle A—Import Safety 
Sec. 301. Definitions. 
Sec. 302. Obtaining data on goods destined for importation into the United 
States. 
Sec. 303. Interagency coordination. 
Sec. 304. Development of import safety program. 
Sec. 305. Information exchange process. 
Sec. 306. Training. 
Sec. 307. Sanctions on certain suppliers. 
Sec. 308. Report to Congress. 
Subtitle B—Strengthening Enforcement of Intellectual Property Rights at 
U.S. Borders 
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CHAPTER 1—COORDINATION OF ENFORCEMENT OF INTELLECTUAL 
PROPERTY RIGHTS 
Sec. 311. Definitions. 
Sec. 312. Director of Intellectual Property Rights Enforcement. 
Sec. 313. Strategic plan for the enforcement of intellectual property rights. 
Sec. 314. CBP and ICE coordinators. 
CHAPTER 2—REGULATORY AND POLICY IMPROVEMENTS AGAINST 
COUNTERFEITING AND PIRACY 
Sec. 321. In general. 
Sec. 322. Identification of certain unlawful goods. 
Sec. 323. Training in new technologies. 
Sec. 324. Disclosure of information and samples of shipments to intellectual 
property owners. 
Sec. 325. Improvements to recordation process. 
Sec. 326. Identification of low-risk shippers. 
Sec. 327. ‘‘Watch List’’ database. 
Sec. 328. Civil fines for importation of pirated or counterfeit goods. 
CHAPTER 3—TRAINING ENHANCEMENTS 
Sec. 331. International training and technical assistance enhancements. 
CHAPTER 4—NEW LEGAL TOOLS FOR BORDER ENFORCEMENT 
Sec. 341. Expanded prohibitions on importation or exportation of counterfeit or 
pirated goods. 
Sec. 342. Declarations regarding counterfeit and infringing merchandise. 
CHAPTER 5—REGULATORY AUTHORITY 
Sec. 351. Regulatory authority. 
Subtitle C—Administrative Provisions 
Sec. 361. Definitions. 
Sec. 362. Advisory Committee on Import Safety and Intellectual Property En-
forcement. 
Sec. 363. Staffing enhancements at CBP. 
Sec. 364. Staffing enhancements at ICE. 
Subtitle D—Authorization of Appropriations 
Sec. 371. Authorization of appropriations. 
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TITLE I—ELIMINATION OF FOR-
EIGN BARRIERS TO EXPORTS 
OF U.S. GOODS AND SERVICES 
SEC. 101. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
(a) IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.—Section 310 of the Trade Act of 1974 is amended 
to read as follows: 
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
‘‘(a) IDENTIFICATION.— 
‘‘(1) IDENTIFICATION AND REPORT.—Within 30 
days after the submission in each calendar year of 
the report required by section 181(b), the Trade 
Representative shall— 
‘‘(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 
United States exports, either directly or 
through the establishment of a beneficial prece-
dent; and 
‘‘(C) submit to the Congressional Trade 
Enforcer, the Committee on Finance of the 
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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 so identified. 
‘‘(2) FACTORS.—In identifying priority foreign 
country practices under paragraph (1), the Trade 
Representative shall take into account all relevant 
factors, including— 
‘‘(A) the major barriers and trade dis-
torting 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 
‘‘(D) the international competitive position 
and export potential of United States products 
and services. 
‘‘(3) CONTENTS OF REPORT.—The Trade Rep-
resentative may include in the report, if appro-
priate— 
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‘‘(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 because progress 
is being made toward the elimination of such 
practices. 
‘‘(b) INITIATION OF CONSULTATIONS.—By no later 
than the date that is 21 days after the date on which a 
report is submitted to the Congressional Trade Enforcer 
and the appropriate congressional committees under sub-
section (a)(1)(C), the Trade Representative should seek 
consultations with each foreign country identified in the 
report as engaging in priority foreign country practices for 
the purpose of reaching a satisfactory resolution of such 
priority practices. 
‘‘(c) INITIATION OF INVESTIGATION.—If the Trade 
Representative seeks consultations under subsection (b) 
and a satisfactory resolution of the priority foreign coun-
try practices involved has not been reached within 90 days 
after the date on which a report is submitted to the appro-
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priate congressional committees under subsection (a)(1), 
the Trade Representative shall initiate under section 
302(b)(1) an investigation under this chapter with respect 
to such priority foreign country practices. 
‘‘(d) AGREEMENTS FOR THE ELIMINATION OF BAR-
RIERS.—In the consultations with a foreign country that 
the Trade Representative is required to request under sec-
tion 303(a) with respect to an investigation initiated by 
reason of subsection (c), 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. 
‘‘(e) REPORTS.—The Trade Representative shall in-
clude in the semiannual report required by section 309(3) 
a report on the status of any investigations initiated pur-
suant to subsection (c) 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. 
‘‘(f) DEFINITION.—For purposes of this section, the 
term ‘Congressional Trade Enforcer’ means the head of 
the Office of the Congressional Trade Enforcer established 
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sultation with the minority leader of the Senate, the 
Speaker of the House of Representatives, and the 
minority leader of the House of Representatives, 
after considering recommendations received from the 
Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Rep-
resentatives. The Congressional Trade Enforcer 
shall be appointed without regard to political affili-
ation and solely on the basis of fitness to perform 
the functions described in subsection (d). 
(2) CONTINUED SERVICE.—An individual may 
serve as the Congressional Trade Enforcer for more 
than one term, and the person making the appoint-
ment under paragraph (1) should look favorably 
upon reappointing the individual serving as the Con-
gressional Trade Enforcer. An individual serving as 
Congressional Trade Enforcer at the expiration of a 
term may continue to serve until a successor is ap-
pointed. The Congressional Trade Enforcer may be 
removed by either the House of Representatives or 
the Senate by resolution. 
(3) COMPENSATION.—The Congressional Trade 
Enforcer shall receive compensation at an annual 
rate of pay that is equal to the lower of— 
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(A) the highest annual rate of compensa-
tion of any officer of the Senate; or 
(B) the highest annual rate of compensa-
tion of any officer of the House of Representa-
tives. 
(c) PERSONNEL.—The Congressional Trade Enforcer 
shall appoint and fix the compensation of such personnel 
as may be necessary to carry out the functions described 
in subsection (d). All personnel of the Office shall be ap-
pointed without regard to political affiliation and solely on 
the basis of their fitness to perform their duties. The Con-
gressional Trade Enforcer may prescribe the duties and 
responsibilities of the personnel of the Office, and delegate 
to them authority to perform any of the duties, powers, 
and functions imposed on the Office. For purposes of pay 
(other than the pay of the Congressional Trade Enforcer) 
and employment benefits, rights, and privileges, all per-
sonnel of the Office shall be treated as if they were em-
ployees of the House of Representatives. 
(d) PURPOSE AND FUNCTIONS.— 
(1) PURPOSE.—The purpose of the Congres-
sional Trade Enforcer shall be to ensure compliance 
by trading partners of the United States with trade 
agreements to which the United States and such 
trading partners are parties. 
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(2) FUNCTIONS; ACTIONS BY USTR.— 
(A) 
IN
GENERAL.—The 
Congressional 
Trade Enforcer shall have the authority to in-
vestigate foreign trade practices that are bar-
riers to United States exports and issue indict-
ments in cases where such practices violate any 
of the Uruguay Round Agreements or any bilat-
eral or regional trade agreement to which the 
United States is a party. 
(B) SUBMISSION OF INDICTMENTS.—The 
Congressional Trade Enforcer shall submit in-
dictments referred to in subparagraph (A) to 
the Committee on Ways and Means of the 
House of Representatives, the Committee on 
Finance of the Senate, and the United States 
Trade Representative. 
(C) ACTION PURSUANT TO INDICTMENT.— 
Within 30 days after receiving an indictment 
under subparagraph (B), the Trade Representa-
tive should commence dispute resolution proce-
dures in the appropriate forum against the 
country or countries that are the subject of the 
indictment unless— 
(i) before the date of filing, the for-
eign country or countries involved enter 
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into an agreement with the United States 
to eliminate the practice that is incon-
sistent with its international obligations; or 
(ii) in extraordinary cases, the filing 
of the case would cause serious harm to 
the national security of the United States. 
(D) REPORT.—If the Trade Representative 
does not commence dispute resolution proce-
dures under subparagraph (C) pursuant to an 
indictment under subparagraph (B), the Trade 
Representative shall, not later than 60 days 
after receiving the indictment, submit to the 
Committee on Ways and Means of the House of 
Representatives and the Committee on Finance 
of the Senate a report containing the reasons 
therefor and shall publish notice of the decision, 
together with a summary of such reasons, in 
the Federal Register. 
(3) VOTE BY CONGRESSIONAL COMMITTEES.— 
During the 60-day period after the Trade Represent-
ative submits a report under subparagraph (D), the 
Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of 
the Senate may each vote to indicate the agreement 
or disagreement of the committee with the decision 
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of the Trade Representative not to commence dis-
pute resolution procedures. 
(4) DEFINITIONS.—In this subsection: 
(A) INDICTMENT.—The term ‘‘indictment’’ 
means a formal written analysis setting forth 
the legal explanation of the manner in which a 
foreign trade practice of a country or countries 
violates any of the Uruguay Round Agreements 
or any bilateral or regional trade agreement to 
which the United States is a party. 
(B) URUGUAY ROUND AGREEMENTS.—The 
term ‘‘Uruguay Round Agreements’’ means any 
of the agreements approved by the Congress 
under section 101(a)(1) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(a)(1)). 
(e) OFFICE OF MARKET ACCESS ASSISTANCE.— 
(1) ESTABLISHMENT.—There is established in 
the Office of the Congressional Trade Enforcer an 
Office of Market Access Assistance. 
(2) FUNCTIONS.—The Office of Market Access 
Assistance shall provide technical and legal assist-
ance and advice to eligible small businesses to enable 
such small businesses to prepare and file petitions 
(other than those which, in the opinion of the Office 
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of Market Access Assistance, are frivolous) under 
section 302 of the Trade Act of 1974. 
(3) DEFINITION.—In this subsection, the term 
‘‘eligible small business’’ means any business con-
cern which, in the judgment of the Office of Market 
Access Assistance, due to its small size, has neither 
adequate internal resources nor financial ability to 
obtain qualified outside assistance in preparing and 
filing petitions and complaints under section 302 of 
the Trade Act of 1974. In determining whether a 
business concern is an ‘‘eligible small business,’’ the 
Office of Market Access Assistance may consult with 
the Administrator of the Small Business Administra-
tion and the heads of other appropriate Federal de-
partments and agencies. 
(f) RELATIONSHIP TO EXECUTIVE BRANCH.—The 
Congressional Trade Enforcer is authorized to secure in-
formation, data, estimates, and statistics directly from the 
various departments, agencies, and establishments of the 
executive branch of Government and the regulatory agen-
cies and commissions of the Government. All such depart-
ments, agencies, establishments, and regulatory agencies 
and commissions shall furnish the Congressional Trade 
Enforcer with any available material that the Congres-
sional Trade Enforcer determines to be necessary in the 
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performance of the functions of the Office. The Congres-
sional Trade Enforcer is also authorized, upon agreement 
with the head of any such department, agency, establish-
ment, or regulatory agency or commission, to use its serv-
ices, facilities, and personnel, with or without reimburse-
ment; and the head of each such department, agency, es-
tablishment, or regulatory agency or commission is au-
thorized to provide to the Office such services, facilities, 
and personnel. 
(g) RELATIONSHIP TO OTHER AGENCIES OF CON-
GRESS.—In carrying out the functions of the Office, and 
for the purpose of coordinating the operations of the Of-
fice with those of other congressional agencies with a view 
to using most effectively the information, services, and ca-
pabilities of all such agencies in carrying out the respon-
sibilities assigned to each, the Congressional Trade En-
forcer is authorized to obtain information, data, estimates, 
and statistics developed by the Government Accountability 
Office and the Library of Congress, and (upon agreement 
with them) to use their services, facilities, and personnel, 
with or without reimbursement. The Comptroller General 
and the Librarian of Congress are authorized to provide 
the Office with the information, data, estimates, and sta-
tistics, and the services, facilities, and personnel, referred 
to in the preceding sentence. 
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(h) AUTHORIZATIONS OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Office such sums 
as may be necessary for each fiscal year to carry out this 
section. 
SEC. 103. APPOINTMENT OF GENERAL COUNSEL OF THE 
U.S. TRADE REPRESENTATIVE. 
(a) 
ESTABLISHMENT
OF
POSITION.—Section 
141(b)(2) of the Trade Act of 1974 (19 U.S.C. 
2171(b)(2)) is amended to read as follows: 
‘‘(2) There shall be in the Office 3 Deputy United 
States Trade Representatives, 1 Chief Agriculture Nego-
tiator, and 1 General Counsel. The 3 Deputy United 
States Trade Representatives, the Chief Agriculture Nego-
tiator, and the General Counsel shall be appointed by the 
President, by and with the advice and consent of the Sen-
ate. As an exercise of the rulemaking of the Senate, any 
nomination of a Deputy United States Trade Representa-
tive, the Chief Agricultural Negotiator, or the General 
Counsel submitted to the Senate for its advice and con-
sent, and referred to a committee, shall be referred to the 
Committee on Finance. Each Deputy United States Trade 
Representative, the Chief Agricultural Negotiator, and the 
General Counsel shall hold office at the pleasure of the 
President and shall have the rank of Ambassador.’’. 
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(b) FUNCTIONS OF POSITION.—Section 141(c) of the 
Trade Act of 1974 (19 U.S.C. 2171(c)) is amended— 
(1) by aligning paragraph (5) with paragraph 
(4); and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) The principal function of the General Counsel 
shall be to ensure that United States trading partners 
comply with trade agreements to which the United States 
and such trading partners are parties (including by inves-
tigating and prosecuting disputes before the World Trade 
Organization and pursuant to other trade agreements to 
which the United States is a party), to defend the United 
States in dispute settlement proceedings under such trade 
agreements, and otherwise to provide legal advice to the 
United States Trade Representative. The General Counsel 
shall perform such other functions as the United States 
Trade Representative may direct.’’. 
(c) COMPENSATION.—Section 5314 of title 5, United 
States Code, is amended by inserting after ‘‘Chief Agricul-
tural Negotiator’’ the following: 
‘‘General Counsel.’’. 
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SEC. 104. IDENTIFICATION OF COUNTRIES THAT MAINTAIN 
UNFAIR TECHNICAL BARRIERS TO TRADE OR 
UNFAIR 
SANITARY 
OR 
PHYTOSANITARY 
MEASURES. 
(a) IDENTIFICATION REQUIRED.— 
(1) IN GENERAL.—Chapter 8 of title I of the 
Trade Act of 1974 is amended by adding at the end 
the following: 
‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT MAINTAIN 
UNFAIR TECHNICAL BARRIERS TO TRADE OR 
UNFAIR 
SANITARY 
OR 
PHYTOSANITARY 
MEASURES. 
‘‘(a) IN GENERAL.—Not later than the date that is 
30 days after the date on which the annual report is re-
quired to be submitted to Congressional committees under 
section 181(b), the United States Trade Representative 
(in this section referred to as the ‘Trade Representative’) 
shall identify— 
‘‘(1) those foreign countries that maintain tech-
nical barriers to trade, or sanitary or phytosanitary 
measures, that deny fair and equitable market ac-
cess to United States products; and 
‘‘(2) those foreign countries identified under 
paragraph (1) that are determined by the Trade 
Representative to be priority foreign countries. 
‘‘(b) SPECIAL RULES FOR IDENTIFICATIONS.— 
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‘‘(1) CRITERIA.—In identifying priority foreign 
countries under subsection (a)(2), the Trade Rep-
resentative shall identify only those foreign coun-
tries— 
‘‘(A) that have the most onerous or egre-
gious acts, policies, or practices that deny fair 
and equitable market access to United States 
products; 
‘‘(B) whose acts, policies, or practices de-
scribed in subparagraph (A) have the greatest 
adverse impact (actual or potential) on the rel-
evant United States products; and 
‘‘(C) that are not— 
‘‘(i) entering into good faith negotia-
tions, or 
‘‘(ii) making significant progress in 
bilateral or multilateral negotiations, 
to provide fair and equitable market access to 
United States products. 
‘‘(2) CONSULTATION AND CONSIDERATION RE-
QUIREMENTS.—In identifying priority foreign coun-
tries under subsection (a)(2), the Trade Representa-
tive shall— 
‘‘(A) consult with the Secretary of Com-
merce, the Secretary of Agriculture, the Admin-
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istrator of the Food and Drug Administration, 
and the heads of other appropriate Federal 
agencies; and 
‘‘(B) take into account information pro-
vided by such other sources as may be available 
to the Trade Representative and such informa-
tion as may be submitted to the Trade Rep-
resentative by interested persons, including in-
formation contained in reports submitted under 
section 181(b) and petitions submitted under 
section 302. 
‘‘(3) CONSIDERATION
OF
HISTORICAL
FAC-
TORS.—In identifying foreign countries under para-
graphs (1) and (2) of subsection (a), the Trade Rep-
resentative shall take into account— 
‘‘(A) the history of unfair technical bar-
riers 
to 
trade 
and 
unfair 
sanitary 
or 
phytosanitary measures of the foreign country, 
including 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 remove unfair technical barriers to trade, or 
sanitary or phytosanitary measures, that deny 
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