SEC. 3116. ASSESSMENT OF DUTY.
Section 706 of the Tariff Act of 1930 (19 U.S.C.
1671e) is amended—
(1) in subsection (a), by striking ‘‘Within 7
days after being notified by the Commission of’’ and
inserting ‘‘Not later than 7 days after’’; and
(2) in subsections (b) and (c), by striking
‘‘Commission’’ each place it appears and inserting
‘‘administering authority’’.
SEC. 3117. TREATMENT OF DIFFERENCE BETWEEN DE-
POSIT 
OF 
ESTIMATED 
COUNTERVAILING
DUTY AND FINAL ASSESSED DUTY UNDER
COUNTERVAILING DUTY ORDER.
Section 707 of the Tariff Act of 1930 (19 U.S.C.
1671f) is amended by striking ‘‘Commission’’ each place
it appears and inserting ‘‘administering authority’’.
PART II—IMPOSITION OF ANTIDUMPING DUTIES
SEC. 3121. ANTIDUMPING DUTIES IMPOSED.
Section 731(2) of the Tariff Act of 1930 (19 U.S.C.
1673(2)) is amended by striking ‘‘Commission’’ and in-
serting ‘‘administering authority’’.
SEC. 3122. PROCEDURES FOR INITIATING AN ANTIDUMPING
DUTY INVESTIGATION.
Section 732 of the Tariff Act of 1930 (19 U.S.C.
1673a) is amended—
(1) in subsection (a)(2)(D), by striking ‘‘and
the Commission’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and the
Commission’’;
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as
paragraph (2); and
(D) in subparagraph (C) of paragraph (2)
(as redesignated), by striking ‘‘and the Com-
mission’’;
(3) in subsection (c)(1)(C), by striking ‘‘and the
Commission’’;
(4) by striking subsection (d); and
(5) by redesignating subsection (e) as sub-
section (d).
SEC. 3123. PRELIMINARY DETERMINATIONS.
Section 733 of the Tariff Act of 1930 (19 U.S.C.
1673b) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘administering authority’’; and
(B) in paragraph (2)—
(i) by striking ‘‘Commission’’ the first
time it appears and inserting ‘‘admin-
istering authority’’;
(ii) in subparagraph (A)(ii), by strik-
ing ‘‘the Commission’’ and all that follows
and inserting ‘‘the administering authority
has initiated the investigation, and’’; and
(iii) in subparagraph (B), by striking
‘‘the Commission’’ an all that follows and
inserting ‘‘the administering authority has
initiated an investigation under such sec-
tion.’’;
(2) in subsection (b)(1)(A), by striking ‘‘Com-
mission’’ and inserting ‘‘administering authority’’;
(3) in subsection (d)—
(A) by adding ‘‘and’’ at the end of para-
graph (1);
(B) in paragraph (2), by striking ‘‘, and’’
at the end and inserting a period; and
(C) by striking paragraph (3); and
(4) in subsection (f)—
(A) by striking ‘‘the Commission or’’ each
place it appears;
(B) by striking ‘‘, as the case may be,’’;
(C) by striking ‘‘(whichever is appro-
priate)’’; and
(D) by striking the last sentence.
SEC. 3124. TERMINATION OR SUSPENSION OF INVESTIGA-
TION.
Section 734 of the Tariff Act of 1930 (19 U.S.C.
1673c) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘either the administering authority or the
Commission’’ and inserting ‘‘the admin-
istering authority’’; and
(ii) in subparagraph (B), by striking
‘‘and the Commission’’; and
(B) by striking paragraph (3);
(2) in subsection (e)(1), by striking ‘‘and the
Commission’’;
(3) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting
‘‘and’’ at the end;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph
(C) as subparagraph (B); and
(B) in paragraph (3)—
(i) by striking ‘‘and the Commission’’
each place it appears; and
(ii) in subparagraph (A), by striking
‘‘or the Commission’’;
(4) in subsection (g), by striking ‘‘and the Com-
mission’’;
(5) in subsection (h)—
(A) in paragraph (1), by striking ‘‘the
Commission and with notice to’’;
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘COM-
MISSION
INVESTIGATION’’ and inserting
‘‘INVESTIGATION’’;
(ii) by striking ‘‘Commission’’ and in-
serting ‘‘administering authority’’; and
(iii) by striking ‘‘Commission’s deter-
mination’’ and inserting ‘‘determination of
the administering authority’’; and
(C) in paragraph (3), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘administering authority’’;
(6) in subsection (j), by striking ‘‘the Commis-
sion and’’; and
(7) in subsection (m), by striking ‘‘Commis-
sion’’ each place it appears and inserting ‘‘admin-
istering authority’’.
SEC. 3125. FINAL DETERMINATIONS.
Section 735 of the Tariff Act of 1930 (19 U.S.C.
1673d) is amended—
(1) in subsection (b)—
(A) in the heading, by striking ‘‘FINAL
DETERMINATION BY COMMISSION’’ and insert-
ing ‘‘ADDITIONAL FINAL DETERMINATION BY
ADMINISTERING AUTHORITY’’;
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘administering author-
ity’’; and
(C) in the heading of paragraph (4)(A), by
striking ‘‘COMMISSION STANDARD’’ and insert-
ing ‘‘STANDARD’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraph
(C) as subparagraph (B);
(B) in paragraph (2), by striking ‘‘and the
Commission’’; and
(C) in paragraph (3), by striking ‘‘or the
Commission’’; and
(3) in subsection (d)—
(A) by striking ‘‘or the Commission’’;
(B) by striking ‘‘, other parties’’ and in-
serting ‘‘and other parties’’; and
(C) by striking ‘‘, and the other agency’’.
SEC. 3126. ASSESSMENT OF DUTY.
Section 736 of the Tariff Act of 1930 (19 U.S.C.
1673e) is amended—
(1) in subsection (a), by striking ‘‘Within 7
days after being notified by the Commission of’’ and
inserting ‘‘Not later than 7 days after’’; and
(2) in subsections (b), (c) and (d), by striking
‘‘Commission’’ each place it appears and inserting
‘‘administering authority’’.
SEC. 3127. TREATMENT OF DIFFERENCE BETWEEN DE-
POSIT OF ESTIMATED ANTIDUMPING DUTY
AND FINAL ASSESSED DUTY UNDER ANTI-
DUMPING DUTY ORDER.
Section 737 of the Tariff Act of 1930 (19 U.S.C.
1673f) is amended by striking ‘‘Commission’’ each place
it appears and inserting ‘‘administering authority’’.
SEC. 3128. ESTABLISHMENT OF PRODUCT CATEGORIES FOR
SHORT LIFE CYCLE MERCHANDISE.
Section 739 of the Tariff Act of 1930 (19 U.S.C.
1673h) is amended by striking ‘‘Commission’’ each place
it appears and inserting ‘‘administering authority’’.
PART III—REVIEWS; OTHER ACTIONS
REGARDING AGREEMENTS
SEC. 3131. ADMINISTRATIVE REVIEW OF DETERMINATIONS.
Section 751 of the Tariff Act of 1930 (19 U.S.C.
1675) is amended—
(1) in subsection (a)(4), by striking the last
sentence;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘or the Commis-
sion’’; and
(ii) by striking ‘‘or the Commission
(as the case may be)’’;
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘COM-
MISSION
REVIEW’’ and inserting ‘‘RE-
VIEW’’; and
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘Commission’’ and
inserting ‘‘administering authority’’; and
(C) in paragraphs (3) and (4), by striking
‘‘Commission’’ each place it appears and insert-
ing ‘‘administering authority’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘Commission’’ 
and 
inserting 
‘‘admin-
istering authority’’; and
(ii) in the matter following subpara-
graph (C), by striking ‘‘and the Commis-
sion’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘and the Commission’’; and
(ii) in subparagraph (C), by striking
‘‘or the Commission’’;
(C) in paragraph (3)(B), by striking ‘‘, or
the Commission, within 150 days after such ini-
tiation’’;
(D) in paragraph (4)(A), by striking ‘‘and
to participate only in the review conducted by
the Commission under this subsection’’;
(E) in paragraph (5)—
(i) in subparagraph (A), by striking
the second sentence;
(ii) in subparagraph (B)—
(I) by striking ‘‘or the Commis-
sion (as the case may be)’’ each place
it appears’’;
(II) by striking ‘‘their respective
determinations’’ and inserting ‘‘its de-
termination’’; and
(III) by striking the second sen-
tence;
(iii) in subparagraph (C), by striking
‘‘or the Commission (as the case may be)’’;
and
(iv) in subparagraph (D)—
(I) by striking ‘‘The Commission,
in consultation with the administering
authority,’’ and inserting ‘‘The admin-
istering authority’’; and
(II) by striking the second sen-
tence; and
(F) in paragraph (6)(B), by striking ‘‘, in
consultation with the Commission,’’;
(4) in subsection (d)(2)(B), by striking ‘‘Com-
mission’’ and inserting ‘‘administering authority’’;
(5) in subsection (e), by striking ‘‘or the Com-
mission’’; and
(6) in subsection (f)—
(A) by striking ‘‘Commission’’ the first
place it appears and inserting ‘‘administering
authority’’;
(B) by striking ‘‘Commission’s determina-
tion’’ and inserting ‘‘determination of the ad-
ministering authority’’; and
(C) by striking ‘‘and the Commission’’.
SEC. 3132. SPECIAL RULES FOR SECTION 751(b) AND 751(c)
REVIEWS.
Section 752 of the Tariff Act of 1930 (19 U.S.C.
1675a) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘administering author-
ity’’; and
(B) in paragraph (5), by striking ‘‘Com-
mission’s determination’’ and inserting ‘‘deter-
mination of the administering authority’’;
(2) in subsection (b)(3), by striking the first
sentence; and
(3) in subsection (c)(3), by striking the first
sentence.
SEC. 3133. SPECIAL RULES FOR INJURY INVESTIGATIONS
FOR CERTAIN SECTION 303 OR SECTION 701(c)
COUNTERVAILING DUTY ORDERS AND INVES-
TIGATIONS.
Section 753 of the Tariff Act of 1930 (19 U.S.C.
1675b) is amended—
(1) in subsection (a)(1), by striking ‘‘Commis-
sion’’ and inserting ‘‘administering authority’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘COM-
MISSION PROCEDURE’’ and inserting ‘‘PRO-
CEDURE’’;
(ii) by striking ‘‘Commission’’ each
place it appears and inserting ‘‘admin-
istering authority’’; and
(iii) in the heading of subparagraph
(B), by striking ‘‘COMMISSION’’;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking the first sentence;
(II) by striking ‘‘Commission’’
each place it appears; and
(III) by striking ‘‘provided by the
administering authority’’; and
(ii) in subparagraph (B), by striking
‘‘shall inform the Commission of, and the
Commission’’;
(C) in paragraph (3)—
(i) in the heading, by striking ‘‘COM-
MISSION’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘Upon being noti-
fied by the Commission that it has
made’’ and inserting ‘‘Upon making’’;
and
(II) by striking ‘‘Commission’s
determination’’ and inserting ‘‘deter-
mination of the administering author-
ity’’; and
(iii) in subparagraph (B)—
(I) by striking ‘‘Upon being noti-
fied by the Commission that it has
made’’ and inserting ‘‘Upon making’’;
and
(II) by striking ‘‘Commission’’
and inserting ‘‘administering author-
ity’’; and
(D) in paragraph (4), by striking ‘‘the
Commission shall notify the administering au-
thority that a negative determination has been
made under subsection (a) and’’;
(3) in subsection (c), in the matter preceding
paragraph (1), by striking ‘‘Commission’’ and insert-
ing ‘‘administering authority’’;
(4) in subsection (d), by striking ‘‘or the Com-
mission, as the case may be,’’; and
(5) in subsection (e)—
(A) in paragraph (1)(A), by striking ‘‘,
after consulting with the Commission,’’;
(B) in paragraph (2), by striking ‘‘Com-
mission’’ and inserting ‘‘administering author-
ity’’; and
(C) in paragraph (3)—
(i) by striking ‘‘Commission’’ each
place it appears and inserting ‘‘admin-
istering authority’’; and
(ii) by striking ‘‘Commission’s deter-
mination’’ and inserting ‘‘determination of
the administering authority’’.
SEC. 3134. REQUIRED DETERMINATIONS.
Section 762 of the Tariff Act of 1930 (19 U.S.C.
1676a) is amended—
(1) in subsection (a), by striking ‘‘Commission’’
and inserting ‘‘administering authority’’;
(2) in subsection (b)—
(A) by striking ‘‘and the Commission’’
each place it appears; and
(B) by striking ‘‘, respectively,’’; and
(3) in subsection (c), by striking ‘‘and the Com-
mission’’.
PART IV—GENERAL PROVISIONS
SEC. 3141. DEFINITIONS; SPECIAL RULES.
Section 771 of the Tariff Act of 1930 (19 U.S.C.
1677) is amended—
(1) by striking paragraph (2);
(2) in paragraph (4)(E), by striking ‘‘Commis-
sion’’ each place it appears and inserting ‘‘admin-
istering authority’’;
(3) in paragraph (7)—
(A) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘administering author-
ity’’; and
(B) in subparagraph (G)(ii)(I), by striking
‘‘Commission’s final determination’’ and insert-
ing ‘‘final determination of the administering
authority’’;
(4) in paragraph (9), by striking ‘‘and the
Commission’’;
(5) by striking paragraph (11);
(6) in paragraph (24), by striking ‘‘Commis-
sion’’ each place it appears and inserting ‘‘admin-
istering authority’’; and
(7) in paragraph (35)—
(A) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘administering author-
ity’’; and
(B) in subparagraph (C)(ii), by striking
‘‘Commission’s administrative record’’ and in-
serting ‘‘the administrative record of the admin-
istering authority’’.
SEC. 3142. HEARINGS.
Section 774 of the Tariff Act of 1930 (19 U.S.C.
1677c) is amended—
(1) in subsection (a)(1), by striking ‘‘and the
Commission shall each’’ and inserting ‘‘shall’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears and inserting ‘‘administering authority’’.
SEC. 3143. DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.
Section 776 of the Tariff Act of 1930 (19 U.S.C.
1677e) is amended—
(1) in subsection (a)—
(A) by striking ‘‘or the Commission’’ and
(B) by striking ‘‘and the Commission’’;
(2) in subsection (b), by striking ‘‘or the Com-
mission (as the case may be)’’ each place it appears;
and
(3) in subsection (c)—
(A) by striking ‘‘or the Commission’’ each
place it appears; and
(B) by striking ‘‘, as the case may be,’’.
SEC. 3144. ACCESS TO INFORMATION.
Section 777 of the Tariff Act of 1930 (19 U.S.C.
1677f) is amended—
(1) in subsection (a), by striking ‘‘and the Com-
mission’’ each place it appears;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘or the Commission’’ each place it ap-
pears; and
(ii) in subparagraph (B)—
(I) by striking ‘‘and the Commis-
sion’’; and
(II) by striking ‘‘or the Commis-
sion’’ each place it appears;
(B) in paragraph (2)—
(i) by striking ‘‘or the Commission’’
each place it appears; and
(ii) by striking ‘‘, as the case may
be,’’; and
(C) in paragraph (3), by striking ‘‘or the
Commission’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by striking ‘‘or the Commis-
sion’’; and
(II) by striking ‘‘Commission’’
and inserting ‘‘administering author-
ity’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘or the Commis-
sion’’;
(II) by striking ‘‘and the Com-
mission’’ each place it appears; and
(III) by striking ‘‘determine to be
appropriate’’ and inserting ‘‘deter-
mines to be appropriate’’;
(iii) in subparagraph (C), by striking
‘‘or the Commission, as the case may be,’’;
and
(iv) in subparagraph (D), by striking
‘‘or the Commission’’ each place it ap-
pears; and
(B) in paragraph (2), by striking ‘‘or the
Commission’’ each place it appears;
(4) in subsection (d), by striking ‘‘or the Com-
mission’’ each place it appears;
(5) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by striking ‘‘or the Commis-
sion, as appropriate,’’ each place it
appears; and
(II) by striking ‘‘or the Commis-
sion’’;
(ii) in subparagraph (B)(iii), by strik-
ing ‘‘or the Commission, as appropriate,’’;
and
(iii) in subparagraph (C), by striking
‘‘or the Commission’’;
(B) in paragraph (2)—
(i) by striking ‘‘or the Commission’’
each place it appears; and
(ii) by striking ‘‘and the Commission’’
(C) in paragraph (4), by striking ‘‘or the
Commission’’ each place it appears;
(D) in paragraph (5)—
(i) by striking ‘‘or the Commission, as
appropriate’’; and
(ii) by striking ‘‘or the Commission’’
each place it appears;
(E) in paragraph (6), by striking ‘‘or the
Commission’’; and
(F) in paragraph (7)—
(i) in subparagraph (A)—
(I) by striking ‘‘and the Commis-
sion, or their’’ and inserting ‘‘or its’’;
(II) by striking ‘‘Any member of
the Commission, and any’’ and insert-
ing ‘‘Any’’;
(III) by striking ‘‘administering
authority,’’ and inserting ‘‘admin-
istering authority’’;
(IV) by striking ‘‘and members’’;
(V) by striking ‘‘and the Com-
mission’’; and
(VI) by striking ‘‘or the Commis-
sion, as appropriate,’’
(ii) in subparagraph (B), by striking
‘‘or the Commission’’; and
(iii) in subparagraph (D)—
(I) by striking ‘‘or the Commis-
sion’’; and
(II) by striking ‘‘or Commission’’
each place it appears;
(6) in subsection (g), by striking ‘‘and the Com-
mission’’;
(7) in subsection (h)—
(A) by striking ‘‘and the Commission’’;
and
(B) by striking ‘‘, and to the Commission’’
and inserting ‘‘and’’; and
(8) in subsection (i)
(A) in paragraph (1)—
(i) by striking ‘‘or the Commission’’;
and
(ii) by striking ‘‘or the Commission,
as the case may be’’;
(B) in paragraph (2)(B), by striking ‘‘a
determination of the Commission’’ and insert-
ing ‘‘an additional separate determination of
the administering authority’’; and
(C) in paragraph (3)(B), by striking
‘‘Commission’’ and inserting ‘‘administering au-
thority’’.
SEC. 3145. DOWNSTREAM PRODUCT MONITORING.
Section 780 of the Tariff Act of 1930 (19 U.S.C.
1677i) is amended—
(1) in subsection (b)—
(A) in the heading, by striking ‘‘BY THE
COMMISSION’’;
(B) in paragraph (1), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘administering authority’’; and
(C) in paragraph (2)—
(i) by striking ‘‘to the administering
authority’’; and
(ii) by striking ‘‘Commission’’ and in-
serting ‘‘administering authority’’; and
(2) in subsection (c)—
(A) by striking ‘‘shall review the informa-
tion in the reports submitted by the Commis-
sion under subsection (b)(2) and’’;
(B) in paragraph (1), by inserting after
‘‘information’’ the following ‘‘in the reports de-
scribed in subsection (b)(2)’’; and
(C) in paragraph (2), by striking ‘‘request
the Commission to’’.
SEC. 3146. PREVENTION OF CIRCUMVENTION OF ANTI-
DUMPING AND COUNTERVAILING DUTY OR-
DERS.
Section 781 of the Tariff Act of 1930 (19 U.S.C.
1677j) is amended—
(1) in subsections (a)(1) and (b), by striking ‘‘,
after taking into account any advice provided by the
Commission under subsection (e),’’ each place it ap-
pears;
(2) in subsection (d)(1), by striking the last
sentence; and
(3) by striking subsection (e).
SEC. 3147. CONDUCT OF INVESTIGATIONS AND ADMINIS-
TRATIVE REVIEWS.
Section 782 of the Tariff Act of 1930 (19 U.S.C.
1677m) is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘or the Commission’’
each place it appears; and
(ii) by striking ‘‘(as the case may be)’’
each place it appears;
(B) in paragraph (2)—
(i) by striking ‘‘and the Commission’’;
and
(ii) by striking ‘‘or the Commission’’;
(2) in subsection (d)—
(A) by striking ‘‘or the Commission’’ each
place it appears; and
(B) by striking ‘‘(as the case may be)’’
each place it appears;
(3) in subsection (e)—
(A) by striking ‘‘and the Commission’’;
and
(B) by striking ‘‘or the Commission’’ each
place it appears;
(4) in subsection (f), by striking ‘‘or the Com-
mission’’; and
(5) in subsection (g)—
(A) by striking ‘‘or the Commission’’ each
place it appears;
(B) by striking ‘‘and the Commission’’;
and
(C) by striking ‘‘(as the case may be)’’.
SEC. 3148. ANTIDUMPING PETITIONS BY THIRD COUN-
TRIES.
Section 783 of the Tariff Act of 1930 (19 U.S.C.
1677n) is amended—
(1) in subsection (b), by striking ‘‘and the Com-
mission’’;
(2) in subsection (c)(2), by striking ‘‘Commis-
sion’’ and inserting ‘‘administering authority’’;
(3) in subsection (d)(2), by striking ‘‘and the
Commission’’;
(4) in subsection (e), by striking ‘‘Commission’’
and inserting ‘‘administering authority’’; and
(5) in subsections (f) and (g), by striking ‘‘and
the Commission’’ each place it appears.
CHAPTER 2—FUNCTIONS UNDER THE
TRADE ACT OF 1974
SEC. 3201. ADVICE FROM SECRETARY OF COMMERCE.
Section 131 of the Trade Act of 1974 (19 U.S.C.
2151) is amended—
(1) in the heading, by striking ‘‘INTER-
NATIONAL
TRADE
COMMISSION’’ and inserting
‘‘SECRETARY OF COMMERCE’’;
(2) in subsection (a)—
(A) in paragraph (1), by striking ‘‘Inter-
national Trade Commission (hereafter in this
section referred to as the ‘Commission’)’’ and
inserting ‘‘Secretary of Commerce’’; and
(B) in paragraph (2), by striking ‘‘Com-
mission’’ and inserting ‘‘Secretary of Com-
merce’’;
(3) in subsection (b)—
(A) in the heading, by striking ‘‘BY COM-
MISSION’’; and
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’;
(4) in subsection (c), by striking ‘‘Commission’’
and inserting ‘‘Secretary of Commerce’’;
(5) in subsection (d)—
(A) in the heading, by striking ‘‘COMMIS-
SION’’; and
(B) by striking ‘‘Commission’’ and insert-
ing ‘‘Secretary of Commerce’’; and
(6) in subsection (e), by striking ‘‘Commission’’
and inserting ‘‘Secretary of Commerce’’.
SEC. 3202. PREREQUISITES FOR OFFERS.
Section 134 of the Trade Act of 1974 (19 U.S.C.
2154) is amended by striking ‘‘Commission’’ each place
it appears and inserting ‘‘Secretary of Commerce’’.
SEC. 3203. TRANSMISSION OF AGREEMENTS TO CONGRESS.
Section 162(a) of the Trade Act of 1974 (19 U.S.C.
2212(a)) is amended by striking ‘‘International Trade
Commission’’ and inserting ‘‘Secretary of Commerce’’.
SEC. 3204. ACTION TO FACILITATE POSITIVE ADJUSTMENT
TO IMPORT COMPETITION.
Section 201(a) of the Trade Act of 1974 (19 U.S.C.
2251(a)) is amended by striking ‘‘United States Inter-
national Trade Commission (hereinafter referred to in this
chapter as the ‘Commission’)’’ and inserting ‘‘Secretary
of Commerce’’.
SEC. 3205. INVESTIGATIONS, DETERMINATIONS, AND REC-
OMMENDATIONS.
Section 202 of the Trade Act of 1974 (19 U.S.C.
2252) is amended—
(1) in the heading, by striking ‘‘COMMISSION’’
and inserting ‘‘SECRETARY OF COMMERCE;
(2) in subsection (a), by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’;
(3) in subsection (b)—
(A) in the heading, by striking ‘‘BY COM-
MISSION’’; and
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’;
(4) in subsection (c), by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’;
(5) in subsection (d), by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’;
(6) in subsection (e)—
(A) in the heading, by striking ‘‘COMMIS-
SION’’;
(B) in paragraphs (1) through (5), by
striking ‘‘Commission’’ each place it appears
and inserting ‘‘Secretary of Commerce’’; and
(C) by striking paragraph (6);
(7) in subsection (f)—
(A) in the heading, by striking ‘‘COMMIS-
SION’’;
(B) in paragraph (1), by striking ‘‘Com-
mission’’ and inserting ‘‘Secretary of Com-
merce’’;
(C) in paragraph (2)—
(i) by striking ‘‘Commission’’ and in-
serting ‘‘Secretary of Commerce’’ each
place it appears;
(ii) by striking subparagraph (C); and
(iii) by redesignating subparagraphs
(D) through (G) as subparagraphs (C)
through (F), respectively; and
(D) in paragraph (3), by striking ‘‘Com-
mission’’ and inserting ‘‘Secretary of Com-
merce’’;
(8) in subsection (g)—
(A) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’;
(B) by striking ‘‘and the Secretary of
Commerce’’;
(C) by striking ‘‘such notification—’’ and
all that follows through ‘‘(1) the Secretary of
Labor’’ and inserting ‘‘such notification the
Secretary of Labor’’; and
(D) by striking ‘‘chapter 2; and’’ and all
that follows through ‘‘(2) the Secretary of Com-
merce’’ and inserting ‘‘chapter 2. The Secretary
of Commerce’’; and
(9) in subsections (h) and (i), by striking
‘‘Commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’.
SEC. 3206. ACTION BY PRESIDENT AFTER DETERMINATION
OF IMPORT INJURY.
Section 203 of the Trade Act of 1974 (19 U.S.C.
2253) is amended—
(1) in subsection (a) by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’;
(2) in subsection (b)(1), by striking ‘‘Commis-
sion’’ and inserting ‘‘Secretary of Commerce’’;
(3) in subsection (c)—
(A) in the heading, by striking ‘‘COMMIS-
SION’’ and inserting ‘‘SECRETARY
OF COM-
MERCE’’; and
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’;
(4) in subsection (d)(2), by striking ‘‘Commis-
sion’’ and inserting ‘‘Secretary of Commerce’’; and
(5) in subsection (e)—
(A) in subparagraph (B)(i), by striking
‘‘(or, if the Commission’’ and all that follows
through ‘‘Commission),’’; and
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’.
SEC. 3207. MONITORING, MODIFICATION, AND DETERMINA-
TION OF ACTION.
Section 204 of the Trade Act of 1974 (19 U.S.C.
2254) is amended—
(1) in subsection (a), by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’;
(2) in subsection (b)—
(A) in paragraph (1)(A), by striking ‘‘the
Secretary of Commerce and’’; and
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’; and
(3) in subsections (c) through (e), by striking
‘‘Commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’.
SEC. 3208. STUDY BY SECRETARY OF LABOR WHEN SEC-
RETARY OF COMMERCE BEGINS INVESTIGA-
TION.
Section 224 of the Trade Act of 1974 (19 U.S.C.
2274) is amended—
(1) in the heading, by striking ‘‘INTER-
NATIONAL
TRADE
COMMISSION’’ and inserting
‘‘SECRETARY OF COMMERCE’’;
(2) in subsection (a)—
(A) by striking ‘‘International Trade Com-
mission (hereafter referred to in this chapter as
the ‘Commission’)’’ and inserting ‘‘Secretary of
Commerce’’; and
(B) by striking ‘‘Commission’’ and insert-
ing ‘‘Secretary of Commerce’’; and
(3) in subsection (b), by striking ‘‘Commission’’
and inserting ‘‘Secretary of Commerce’’.
SEC. 3209. STUDY BY SECRETARY OF COMMERCE; ACTION
WHERE THERE IS AFFIRMATIVE FINDING.
Section 264 of the Trade Act of 1974 (19 U.S.C.
2354) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Commission’’ the first
place it appears and inserting ‘‘Secretary of
Commerce’’; and
(B) by striking ‘‘the Commission shall im-
mediately notify the Secretary of such investiga-
tion, and’’; and
(2) in subsections (b) and (c), by striking
‘‘Commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’.
SEC. 3210. DETERMINATIONS BY THE TRADE REPRESENTA-
TIVE.
Section 304(b)(1)(C) of the Trade Act of 1974 (19
U.S.C. 2414(b)(1)(C)) is amended by striking ‘‘United
States International Trade Commission’’ and inserting
‘‘Secretary of Commerce’’.
SEC. 3211. MARKET DISRUPTION.
Section 406 of the Trade Act of 1974 (19 U.S.C.
2436) is amended—
(1) in subsection (a)—
(A) by striking ‘‘International Trade Com-
mission (hereafter in this section referred to as
the ‘Commission’)’’ and inserting ‘‘Secretary of
Commerce’’; and
(B) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’;
(2) in subsection (b), by striking ‘‘Commission’’
and inserting ‘‘Secretary of Commerce’’;
(3) in subsection (c)—
(A) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’; and
(B) by striking ‘‘Commission’s report’’ and
inserting ‘‘report of the Secretary of Com-
merce’’; and
(4) in subsection (e)(2)(C), by striking ‘‘Com-
mission’’ and inserting ‘‘Secretary of Commerce’’.
SEC. 3212. DESIGNATION OF ELIGIBLE ARTICLES.
Section 503 of the Trade Act of 1974 (19 U.S.C.
2463) is amended—
(1) in subsection (a), by striking ‘‘International
Trade Commission’’ each place it appears and in-
serting ‘‘Secretary of Commerce’’;
(2) in subsection (d)(1)(A), by striking ‘‘Inter-
national Trade Commission’’ and inserting ‘‘Sec-
retary of Commerce’’; and
(3) in subsection (e)—
(A) in the heading, by striking ‘‘INTER-
NATIONAL TRADE COMMISSION ADVICE’’ and
inserting ‘‘PUBLICATION OF LISTS OF ELIGI-
BLE ARTICLES; PROVISION OF LISTS TO SEC-
RETARY OF COMMERCE’’; and
(B) by striking ‘‘International Trade Com-
mission’’ and inserting ‘‘Secretary of Com-
merce’’.
SEC. 3213. ADDITIONAL FUNCTIONS OF THE SECRETARY OF
COMMERCE.
Section 603 of the Trade Act of 1974 (19 U.S.C.
2482) is amended—
(1) in the heading, by striking ‘‘INTER-
NATIONAL
TRADE
COMMISSION’’ and inserting
‘‘ADDITIONAL FUNCTIONS OF THE SECRETARY
OF COMMERCE’’;
(2) in subsection (a), by striking ‘‘International
Trade Commission’’ and inserting ‘‘Secretary of
Commerce’’; and
(3) in subsections (b) and (c), by striking
‘‘Commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’.
CHAPTER 3—FUNCTIONS UNDER OTHER
PROVISIONS OF LAW
SEC. 3301. ACT OF JUNE 12, 1934.
Section 4 of the Act of June 12, 1934 (Chapter 474;
48 Stat. 945; 19 U.S.C. 1354) is amended by striking
‘‘International Trade Commission’’ and inserting ‘‘Sec-
retary of Commerce’’.
SEC. 3302. TRADE AGREEMENTS EXTENSION ACT OF 1951.
(a) FURNISHING OF LIST BY PRESIDENT.—Section
3 of the Trade Agreements Extension Act of 1951 (19
U.S.C. 1360) is amended—
(1) in subsection (a)—
(A) by striking ‘‘United States Inter-
national Trade Commission’’ and inserting
‘‘Secretary of Commerce’’;
(B) by striking ‘‘(hereinafter’’ and all that
follows through ‘‘referred to as the ‘Commis-
sion’)’’; and
(C) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’; and
(2) in subsection (b), by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’.
(b) COPY OF AGREEMENT TO CONGRESS.—Section
4(a) of the Trade Agreements Extension Act of 1951 (19
U.S.C. 1361(a)) is amended by striking ‘‘United States
International Trade Commission’’ and inserting ‘‘Sec-
retary of Commerce’’.
SEC. 3303. OMNIBUS TRADE AND COMPETITIVENESS ACT
OF 1988.
Section 1102(a)(3)(B) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2902(a)(3)(B))
is amended by striking ‘‘United States International
Trade Commission’’ and inserting ‘‘Secretary of Com-
merce’’.
SEC. 3304. ANDEAN TRADE PREFERENCE ACT.
(a) ELIGIBLE ARTICLES.—Section 204 of the Andean
Trade Preference Act (19 U.S.C. 3203) is amended—
(1) in subsection (d)—
(A) by striking ‘‘United States Inter-
national Trade Commission’’ each place it ap-
pears and inserting ‘‘Secretary of Commerce;
and
(B) in paragraph (2), by striking ‘‘Com-
mission’’ and inserting ‘‘Secretary of Com-
merce’’; and
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘United
States International Trade Commission’’ and
inserting ‘‘Secretary of Commerce; and
(B) in paragraph (4)(C)—
(i) by striking ‘‘United States Inter-
national Trade Commission’’ and inserting
‘‘Secretary of Commerce; and
(ii) by striking ‘‘Commission’s report’’
and inserting ‘‘report of the Commission’’.
(b) REPORTS ON IMPACT OF THE ANDEAN TRADE
PREFERENCE ACT.—Section 206 of the Andean Trade
Preference Act (19 U.S.C. 3204) is amended—
(1) in the heading, by striking ‘‘INTER-
NATIONAL TRADE COMMISSION’’;
(2) in subsection (a), by striking ‘‘United
States International Trade Commission (hereinafter
in this section referred to as the ‘Commission’)’’ and
inserting ‘‘Secretary of Commerce’’; and
(3) in subsections (b) and (c), by striking
‘‘Commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’.
SEC. 3305. URUGUAY ROUND AGREEMENTS ACT.
(a) CONSULTATION AND LAYOVER REQUIREMENTS
FOR, AND
EFFECTIVE
DATE
OF, PROCLAIMED
AC-
TIONS.—Section 115(1)(B) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3524(1)(B)) is amended by striking
‘‘International Trade Commission’’ and inserting ‘‘Sec-
retary of Commerce’’.
(b) DISPUTE SETTLEMENT PANELS
AND PROCE-
DURES.—Section 123(g)(4) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3533(g)(4)) is amended—
(1) in the heading, by striking ‘‘ITC’’ and in-
serting ‘‘DEPARTMENT OF COMMERCE’’; and
(2) by striking ‘‘International Trade Commis-
sion’’ and inserting ‘‘Department of Commerce that
were in effect with respect to, or exercised by, the
International Trade Commission on the day before
the date of the enactment of the Trade Policy Re-
form Act’’.
(c) ADMINISTRATIVE
ACTION
FOLLOWING
WTO
PANEL REPORTS.—Section 129 of the Uruguay Round
Agreements Act (19 U.S.C. 3538) is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (e)
as subsections (a) through (d), respectively;
(3) in subsection (a)(1) (as redesignated)—
(A) by inserting before ‘‘in a proceeding’’
the following: ‘‘in connection with a particular
proceeding or’’; and
(B) by striking ‘‘the Antidumping Agree-
ment or the Agreement on Subsidies and Coun-
tervailing Measures’’ and inserting ‘‘the Anti-
dumping Agreement, the Safeguards Agree-
ment, or the Agreement on Subsidies and Coun-
tervailing Measures (as the case may be)’’;
(4) in subsection (b) (as redesignated), by strik-
ing ‘‘on or after—’’ and all that follows through
‘‘(B) in the case of’’ and inserting ‘‘on or after, in
the case of’’; and
(5) in subsection (c) (as redesignated), by strik-
ing ‘‘or the Commission, as the case may be,’’.
SEC. 3306. ATOMIC ENERGY ACT OF 1954.
Subsection d. of section 170B of the Atomic Energy
Act of 1954 (42 U.S.C. 2210b(d)) is amended by striking
3 of this subtitle, and under section 3401, shall not
affect—
(1) an order, determination, rule, regulation,
permit, agreement, grant, contract, certificate, li-
cense, registration, privilege, or other administrative
action issued, made, granted, or otherwise in effect
or final with respect to the Commission on the day
before the transfer date with respect to the trans-
ferred functions; or
(2) any suit commenced with regard to the
Commission, and any other proceeding (including a
notice of proposed rulemaking), or any application
for any license, permit, certificate, or financial as-
sistance pending before the Commission on the day
before the transfer date with respect to the trans-
ferred functions.
Subtitle C—Technical and
Conforming Amendments
SEC. 3501. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 5, U.S.C.—(1) Section 5314 of title 5,
United States Code, is amended by striking the following:
‘‘Chairman, United States International Trade
Commission.’’.
(2) Section 5315 of title 5, United States Code, is
amended by striking the following:
‘‘Members, United States International Trade
Commission (5).’’.
(b) AGRICULTURAL ADJUSTMENT ACT.—Section 22
of the Agricultural Adjustment Act (7 U.S.C. 624) is
amended—
(1) in subsection (a), by striking ‘‘United
States Tariff Commission’’ and inserting ‘‘Secretary
of Agriculture’’; and
(2) in subsection (b), by striking ‘‘Tariff Com-
mission’’ each place it appears and inserting ‘‘Sec-
retary of Commerce’’.
(c) TARIFF ACT OF 1930.—(1) Part II of title III
of the Tariff Act of 1930 (19 U.S.C. 1330 et seq.) is
amended by striking the heading and inserting the fol-
lowing:
‘‘Part II—Oversight of Tariff Relations by
Department of Commerce’’.
(2) Part II of title III of the Tariff Act of 1930 (19
U.S.C. 1330 et seq.) is amended—
(A) by striking sections 330 and 331;
(B) by redesignating sections 332 through 339
and 341 as sections 330 through 339, respectively;
(C) in section 330 (as redesignated)—
(i) by striking subsection (f);
(ii) by redesignating subsection (g) as sub-
section (f); and
(iii) in the last sentence of subsection (f)
(as redesignated), by striking ‘‘section 337’’
and inserting ‘‘section 335’’;
(D) in section 331(f) (as redesignated), by
striking ‘‘section 332’’ and inserting ‘‘section 330’’;
and
(E) in section 337(c)(2)(F) (as redesignated),
by striking ‘‘section 337 of the Tariff Act of 1930’’
and inserting ‘‘section 335’’.
(3) Section 516A of the Tariff Act of 1930 (19
U.S.C. 1516a) is amended—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) in subparagraphs (A) and (B), by
striking ‘‘Commission’’ each place it ap-
pears and inserting ‘‘administering author-
ity’’; and
(II) in subparagraph (D), by striking
‘‘or the Commission’’;
(ii) in paragraph (2)(B)—
(I) in clause (i), by striking ‘‘and by
the Commission’’;
(II) in clauses (ii) and (iii), by strik-
ing ‘‘or the Commission’’;
(III) in clause (v), by striking ‘‘Com-
mission’’ and inserting ‘‘administering au-
thority’’;
(IV) in clause (vii), by striking ‘‘or
the Commission’’; and
(V) in clause (viii), by striking ‘‘Com-
mission’’ and inserting ‘‘administering au-
thority’’; and
(iii) in paragraph (3), by striking ‘‘Com-
mission’’ and inserting ‘‘administering author-
ity’’;
(B) in subsection (b)(2)(A)(i), by striking ‘‘the
Secretary, the administering authority, or the Com-
mission’’ and inserting ‘‘the Secretary or the admin-
istering authority’’;
(C) in subsection (c), by striking ‘‘the Sec-
retary, the administering authority, or the Commis-
sion’’ each place it appears and inserting ‘‘the Sec-
retary or the administering authority’’;
(D) in subsection (e), by striking ‘‘the Sec-
retary, the administering authority, or the Commis-
sion’’ and inserting ‘‘the Secretary or the admin-
istering authority’’;
(E) by striking paragraph (2) of subsection (f);
and
(F) in subsection (g)—
(i) in paragraph (3)(B)—
(I) in clause (iii), by striking ‘‘or the
Commission, as appropriate’’; and
(II) in the last sentence, by striking ‘‘,
in consultation with the Commission,’’;
(ii) in paragraph (5)(B), by striking ‘‘or
the Commission’’;
(iii) in paragraph (7)—
(I) in subparagraph (A), by striking
‘‘or the Commission’’ each place it ap-
pears; and
(II) in subparagraph (B)—
(aa) in the second and third sen-
tences, by striking ‘‘or the Commis-
sion’’ each place it appears; and
(bb) in the fourth sentence, by
striking ‘‘the President, the admin-
istering authority, or the Commis-
sion’’ and inserting ‘‘the President or
the administering authority’’;
(iv) in paragraph (8)—
(I) in subparagraph (A)(i), by striking
‘‘, in consultation with the Commission,’’;
and
(II) in subparagraph (B), by striking
‘‘or the Commission, as appropriate’’; and
(v) in paragraph (9)—
(I) by striking ‘‘and the Commission’’;
and
(II) by striking ‘‘or the Commission,
respectively’’.
(d) TRADE ACT OF 1974.—(1) Section 141(d)(2) of
the Trade Act of 1974 (19 U.S.C. 2171(d)(2)) is amended
by striking the last sentence.
(2) Section 163 of the Trade Act of 1974 (19 U.S.C.
2213) is amended by striking subsection (c).
(3) Section 171 of the Trade Act of 1974 (19 U.S.C.
2231) is hereby repealed.
(4) Section 175 of the Trade Act of 1974 (19 U.S.C.
2232) is amended by striking subsection (a)(1).
(5) Section 282 of the Trade Act of 1974 (19 U.S.C.
2393) is amended by striking ‘‘, the International Trade
Commission,’’.
(6) Section 608 of the Trade Act of 1974 (19 U.S.C.
1484 note) is amended by striking subsections (b) through
(e).
(7) The table of contents of the Trade Act of 1974
(19 U.S.C. 2101) is amended—
(A) by striking the items relating to chapter 7
of title I;
(B) in the item relating to section 202, by
striking ‘‘Commission’’ and inserting ‘‘Secretary of
Commerce’’;
(C) in the item relating to section 224, by strik-
ing ‘‘International Trade Commission’’ and inserting
‘‘Secretary of Commerce’’; and
(D) in the item relating to section 603, by
striking ‘‘International Trade Commission’’ and in-
serting ‘‘Additional functions of the Secretary of
Commerce’’.
(e) TRADE AGREEMENTS ACT OF 1979.—(1) Title I
of the Trade Agreements Act of 1979 (19 U.S.C. 1671
note) is hereby repealed.
(2) The table of contents of the Trade Agreements
Act of 1979 (19 U.S.C. 2501) is amended by striking the
items relating to title I.
(f) TRADE EXPANSION ACT OF 1962.—(1) Section
242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872)
is amended—
(A) in subsection (b)(2), by striking ‘‘United
States International Trade Commission’’ and insert-
ing ‘‘Secretary of Commerce’’; and
(B) in subsection (c), by striking ‘‘, including
the United States International Trade Commission’’.
(2) Sections 351 and 352 of the Trade Expansion
Act of 1962 (19 U.S.C. 1981 and 1982) are hereby re-
pealed.
(g) URUGUAY ROUND AGREEMENTS ACT.—Section 2
of the Uruguay Round Agreements Act (19 U.S.C. 3501)
is amended by striking paragraph (3).
(h) EDUCATION AMENDMENTS
OF 1976.—Section
335(a)(2) of the Education Amendments of 1976 (20
U.S.C. 2505(a)(2)) is amended by striking ‘‘, the United
States International Trade Commission’’.
(i) TITLE 28, U.S.C.—(1) Section 1446(f) of title 28,
United States Code, is amended by striking ‘‘International
Trade Commission’’ and inserting ‘‘Secretary of Com-
merce’’.
(2) Section 2631(f) of title 28, United States Code,
is amended by striking ‘‘or the International Trade Com-
mission’’.
(3) Section 2639 of title 28, United States Code, is
amended by striking ‘‘, the administering authority, or the
International Trade Commission’’ and inserting ‘‘or the
administering authority’’.
(j) TITLE 31, U.S.C.—(1) Section 1513 of title 31,
United States Code, is amended—
(A) in subsection (a), by striking ‘‘, the United
States International Trade Commission’’; and
(B) in subsection (b), by striking ‘‘(except the
Commission)’’.
(2) Section 1514 of title 31, United States Code, is
amended—
(A) in subsection (a)—
(i) by striking ‘‘, the United States Inter-
national Trade Commission’’; and
(ii) by striking ‘‘(except the Commission)’’;
and
(B) in subsection (b), by striking ‘‘(except the
Commission)’’.
SEC. 3502. OTHER REFERENCES.
After the transfer of functions from the Commission
to the Secretary of Commerce by reason of the amend-
ments made by chapters 1 through 3 of subtitle B, and
under section 3401, any reference in any other Federal
law, Executive order, rule, regulation, document, or other
material to the Commission shall be deemed to be a ref-
erence to the Department of Commerce.
Subtitle D—Effective Date
SEC. 3601. EFFECTIVE DATE.
This title, and the amendments made by this title,
shall take effect on the earlier of—
(1) the date that is 180 days after the date of
the enactment of this Act; and
(2) such date during that 180-day period as the
President may direct in an Executive order.
TITLE IV—WTO DISPUTE SET-
TLEMENT REVIEW COMMIS-
SION
SEC. 4101. SHORT TITLE.
This title may be cited as the ‘‘WTO Dispute Settle-
ment Review Commission Act’’.
SEC. 4102. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The United States joined the World Trade
Organization as a founding member with the goal of
creating an improved global trading system.
(2) The American people must receive assur-
ances that United States sovereignty will be pro-
tected, and United States interests will be advanced,
within the global trading system which the WTO will
oversee.
(3) The survival of the new WTO requires the
continuation of both trade liberalization and the
ability to respond effectively to unfair or otherwise
harmful trade practices.
(4) United States support for the WTO de-
pends upon obtaining mutual trade benefits through
the openness of foreign markets and the mainte-
nance of effective United States and WTO remedies
against unfair or otherwise harmful trade practices.
(5) Congress passed the Uruguay Round Agree-
ments Act based upon its understanding that effec-
tive trade remedies would not be eroded. These rem-
edies are essential to continue the process of opening
foreign markets to imports of goods and services and
to prevent harm to American industry and agri-
culture, particularly through foreign dumping and
subsidization.
(6) The continued support of the Congress for
the WTO is dependent upon a WTO dispute settle-
ment system that—
(A) operates in a fair and impartial man-
ner;
(B) does not add to the obligations of or
diminish the rights of the United States under
the Uruguay Round Agreements; and
(C) does not exceed its authority, scope, or
established standard of review.
(b) PURPOSE.—It is the purpose of this title to pro-
vide for the establishment of the WTO Dispute Settlement
Review Commission to achieve the goals described in sub-
section (a)(6).
SEC. 4103. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the WTO Dispute Settlement Re-
view Commission (hereafter 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
of the Federal judicial circuits and shall be ap-
pointed by the President, after consultation with the
Majority Leader and Minority Leader of the House
of Representatives, the Majority Leader and Minor-
ity Leader of the Senate, the chairman and ranking
member of the Committee on Ways and Means of
the House of Representatives, and the chairman and
ranking member of the Committee on Finance of the
Senate.
(2) DATE.—The appointments of the members
of the Commission shall be made no later than 60
days after the date of the enactment of this Act.
(c) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—Members of the Commission
first appointed shall each be appointed for a term of
5 years. After the initial 5-year term, 3 members of
the Commission shall be appointed for terms of 3
years and the remaining 2 members shall be ap-
pointed for terms of 2 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 and shall be subject to the
same conditions as the original appointment.
(B) UNEXPIRED
TERM.—An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(d) INITIAL MEETING.—No 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 Chairman.
(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) CHAIRMAN AND VICE CHAIRMAN.—The Commis-
sion shall select a Chairman and Vice Chairman from
among its members.
SEC. 4104. DUTIES OF THE COMMISSION.
(a) REVIEW OF WTO DISPUTE SETTLEMENT RE-
PORTS.—
(1) IN
GENERAL.—The Commission shall
review—
(A) all reports of dispute settlement panels
or the Appellate Body of the World Trade Or-
ganization in proceedings initiated by other par-
ties to the WTO which are adverse to the
United States and which are adopted by the
Dispute Settlement Body, and
(B) upon request of the United States
Trade Representative, any other report of a dis-
pute settlement panel or the Appellate Body
which is adopted by the Dispute Settlement
Body.
(2) SCOPE OF REVIEW.—In the case of any re-
port described in paragraph (1), the Commission
shall review the report and determine whether—
(A) the panel or the Appellate Body, as the
case may be, exceeded its authority or its terms
of reference;
(B) the panel or the Appellate Body, as
the case may be, added to the obligations of or
diminished the rights of the United States
under the Uruguay Round Agreement which is
the subject of the report;
(C) the panel or the Appellate Body, as the
case may be, acted arbitrarily or capriciously,
engaged in misconduct, or demonstrably de-
parted from the procedures specified for panels
and the Appellate Body in the applicable Uru-
guay Round Agreement; and
(D) the report of the panel or the Appel-
late Body, as the case may be, deviated from
the applicable standard of review, including in
antidumping, countervailing duty, and other un-
fair trade remedy cases, including the standard
of review set forth in Article 17.6 of the Agree-
ment on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994.
(3) AFFIRMATIVE
DETERMINATION.—If the
Commission makes an affirmative determination
with respect to the action of a panel or the Appellate
100
Body under subparagraph (A), (B), (C), or (D) of
paragraph (2), the Commission shall determine
whether the action of the panel or Appellate Body
materially affected the outcome of the report of the
panel or Appellate Body.
(b) DETERMINATION; REPORT.—
(1) DETERMINATION.—No later than 120 days
after the date on which a report of a panel or the
Appellate Body described in subsection (a)(1) is
adopted by the Dispute Settlement Body, the Com-
mission shall make a written determination with re-
spect to matters described in subsections (a)(2) and
(a)(3).
(2) REPORTS.—The Commission shall report
the determinations described in paragraph (1) to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate.
SEC. 4105. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out the purposes of this title.
(b) INFORMATION FROM INTERESTED PARTIES AND
FEDERAL AGENCIES.—