(3) by adding at the end the following: 
‘‘(E) transportation costs based upon the 
actual freight distances required to transport 
material inputs from the unaffiliated supplier or 
unaffiliated suppliers, or from the first unaffili-
ated supplier where the input is obtained from 
an affiliate, to the producer or exporter of the 
foreign like product.’’. 
SEC. 113. REVOCATION OF NONMARKET ECONOMY COUN-
TRY STATUS. 
(a) AMENDMENT OF DEFINITION OF ‘‘NONMARKET 
ECONOMY COUNTRY’’.—Section 771(18)(C)(i) of the Tar-
iff Act of 1930 (19 U.S.C. 1877(18)(C)(i)) is amended 
by striking ‘‘until revoked by the administering authority’’ 
and inserting ‘‘until revoked by a resolution enacted con-
sistent with section 113 of the Trade Law Reform Act 
of 2006’’. 
(b) NOTIFICATION BY PRESIDENT.—Whenever the 
administering authority makes a final determination 
under section 771(18)(C)(i) of the Tariff Act of 1930 (19 
U.S.C. 1877(18)(C)(i)) to revoke the determination that 
a foreign country is a nonmarket economy country, the 
President shall notify the Committee on Ways and Means 
of the House of Representatives and the Committee on 
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Finance of the Senate of that determination within 10 
days after its publication in the Federal Register. 
(c) RULES OF HOUSE OF REPRESENTATIVES AND 
SENATE.—Subsections (c) through (i) of this section are 
enacted by the Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such they are deemed a part of 
the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in 
that House in the case of approval resolutions de-
scribed in subsection (d) of this section; and they su-
persede other rules only to the extent that they are 
inconsistent therewith; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner and to the same extent as in 
the case of any other rule of that House. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘approval resolution’’ means only a joint resolution 
of the two Houses of the Congress, the matter after the 
resolving clause of which is as follows: ‘‘That the Congress 
approves the change of non-market economy status with 
respect to the products of lllll transmitted by the 
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President to the Congress on lllll.’’, the first 
blank space being filled in with the applicable country, and 
the second blank space being filled with the appropriate 
date. 
(e) INTRODUCTION.—When a notification submitted 
under subsection (b) is transmitted to the House of Rep-
resentatives and the Senate, an approval resolution with 
respect to such agreement shall be introduced (by request) 
in the House by the majority leader of the House, for him-
self, or by Members of the House designated by the major-
ity leader of the House; and shall be introduced (by re-
quest) in the Senate by the majority leader of the Senate, 
for himself, or by Members of the Senate designated by 
the majority leader of the Senate. 
(f) AMENDMENTS PROHIBITED.—No amendment to 
an approval resolution shall be in order in either the 
House of Representatives or the Senate; and no motion 
to suspend the application of this subsection shall be in 
order in either House, nor shall it be in order in either 
House for the Presiding Officer to entertain a request to 
suspend the application of this subsection by unanimous 
consent. 
(g) PERIOD FOR COMMITTEE AND FLOOR CONSIDER-
ATION.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), if the committee or committees of either 
House to which an approval resolution has been re-
ferred have not reported it at the close of the 45th 
day after its introduction, such committee or com-
mittees shall be automatically discharged from fur-
ther consideration of the bill or resolution and it 
shall be placed on the appropriate calendar. A vote 
on final passage of the bill or resolution shall be 
taken in each House on or before the close of the 
15th day after the bill or resolution is reported by 
the committee or committees of that House to which 
it was referred, or after such committee or commit-
tees have been discharged from further consideration 
of the bill or resolution. If prior to the passage by 
one House of an approval resolution of that House, 
that House receives the same approval resolution 
from the other House, then— 
(A) the procedure in that House shall be 
the same as if no or approval resolution had 
been received from the other House, but 
(B) the vote on final passage shall be on 
the approval resolution of the other House. 
(2) COMPUTATION OF DAYS.—For purposes of 
paragraphs (1) and (2), in computing a number of 
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days in either House, there shall be excluded any 
day on which that House is not in session. 
(h) FLOOR CONSIDERATION IN THE HOUSE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
House of Representatives to proceed to the consider-
ation of an approval resolution shall be highly privi-
leged and not debatable. An amendment to the mo-
tion shall not be in order, nor shall it be in order 
to move to reconsider the vote by which the motion 
is agreed to or disagreed to. 
(2) DEBATE LIMITED.—Debate in the House of 
Representatives on an approval resolution shall be 
limited to not more than 20 hours, which shall be 
divided equally between those favoring and those op-
posing the bill or resolution. A motion further to 
limit debate shall not be debatable. It shall not be 
in order to move to recommit an approval resolution 
or to move to reconsider the vote by which an ap-
proval resolution is agreed to or disagreed to. 
(3) MOTIONS TO POSTPONE.—Motions to post-
pone, made in the House of Representatives with re-
spect to the consideration of an approval resolution, 
and motions to proceed to the consideration of other 
business, shall be decided without debate. 
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(4) APPEALS.—All appeals from the decisions 
of the Chair relating to the application of the Rules 
of the House of Representatives to the procedure re-
lating to an approval resolution shall be decided 
without debate. 
(5) OTHER RULES.—Except to the extent spe-
cifically provided in the preceding provisions of this 
subsection, consideration of an approval resolution 
shall be governed by the Rules of the House of Rep-
resentatives applicable to other bills and resolutions 
in similar circumstances. 
(i) FLOOR CONSIDERATION IN THE SENATE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
Senate to proceed to the consideration of an ap-
proval resolution shall be privileged and not debat-
able. An amendment to the motion shall not be in 
order, nor shall it be in order to move to reconsider 
the vote by which the motion is agreed to or dis-
agreed to. 
(2) DEBATE LIMITED.—Debate in the Senate 
on an approval resolution, and all debatable motions 
and appeals in connection therewith, shall be limited 
to not more than 20 hours. The time shall be equally 
divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
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(3) CONTROL OF DEBATE.—Debate in the Sen-
ate on any debatable motion or appeal in connection 
with an implementing bill or approval resolution 
shall be limited to not more than 1 hour, to be 
equally divided between, and controlled by, the 
mover and the manager of the bill or resolution, ex-
cept that in the event the manager of the bill or res-
olution is in favor of any such motion or appeal, the 
time in opposition thereto, shall be controlled by the 
minority leader or his designee. Such leaders, or ei-
ther of them, may, from time under their control on 
the passage of an or approval resolution, allot addi-
tional time to any Senator during the consideration 
of any debatable motion or appeal. 
(4) OTHER MOTIONS.—A motion in the Senate 
to further limit debate is not debatable. A motion to 
recommit an approval resolution is not in order. 
SEC. 114. EFFECTIVE DATE. 
Except as otherwise specifically provided by this title, 
the amendments made by this title shall apply with respect 
to determinations made under title VII of the Tariff Act 
of 1930 that— 
(1) are made with respect to investigations ini-
tiated or petitions filed on or after the date of the 
enactment of this Act; or 
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(2) have not become final as of such date of en-
actment. 
TITLE II—SAFEGUARD 
AMENDMENTS 
SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE 
TRADE ACT OF 1974. 
(a) TEST FOR POSITIVE ADJUSTMENTS TO IMPORT 
COMPETITION.—Section 201(a) of the Trade Act of 1974 
(19 U.S.C. 2251(a)) is amended by striking ‘‘be a sub-
stantial cause of serious injury, or the threat thereof,’’ and 
inserting ‘‘cause or threaten to cause serious injury’’. 
(b) INVESTIGATIONS AND DETERMINATIONS.—Sec-
tion 202 of such Act (19 U.S.C. 2252) is amended— 
(1) in subsection (b)(1)(A), by striking ‘‘be a 
substantial cause of serious injury, or the threat 
thereof,’’ and inserting ‘‘cause or threaten to cause 
serious injury’’; 
(2) by amending subsection (b)(1)(B) to read 
as follows: 
‘‘(B) For purposes of this section, the term 
‘cause’ refers to a cause that contributes signifi-
cantly to serious injury, or the threat thereof, to the 
domestic industry but need not be equal to or great-
er than any other cause.’’; 
(3) in subsection (c)— 
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(A) by amending paragraph (1)(A) to read 
as follows: 
‘‘(A) with respect to serious injury— 
‘‘(i) change in the level of sales, pro-
duction, productivity, capacity utilization, 
profits and losses, and employment; 
‘‘(ii) the significant idling of produc-
tive facilities in the domestic industry; 
‘‘(iii) the inability of a significant 
number of firms to carry out domestic pro-
duction operations at a reasonable level of 
profit; and 
‘‘(iv) significant unemployment or 
underemployment within the domestic in-
dustry;’’; 
(B) in paragraph (1)(B)— 
(i) in clause (iii) by striking ‘‘; and’’ 
and inserting ‘‘, and’’; and 
(ii) by inserting after clause (iii) the 
following: 
‘‘(iv) foreign production capacity, for-
eign inventories, the level of demand in 
third country markets, and the availability 
of other export markets to absorb any ad-
ditional exports; and’’; 
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ccoleman on PROD1PC71 with BILLS
(C) by amending paragraph (1)(C) to read 
as follows: 
‘‘(C) with respect to cause— 
‘‘(i) the rate, amount, and timing of 
the increase in imports of the product con-
cerned in absolute and relative terms, in-
cluding whether there has been a substan-
tial increase in imports over a short period 
of time; and 
‘‘(ii) the share of the domestic market 
taken by increased imports.’’; 
(D) by redesignating paragraphs (3) 
through (6) as paragraphs (5) through (8), re-
spectively; 
(E) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) In making determinations under para-
graph (1)(A) and (B), if domestic producers inter-
nally transfer, including to affiliated persons as de-
fined in section 771(33) of the Tariff Act of 1930, 
significant production of the article like or directly 
competitive with the imported article for the produc-
tion of a downstream article and sell significant pro-
duction of the article like or directly competitive 
with the imported article in the merchant market, 
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then the Commission, in determining market share 
and the factors affecting financial performance set 
forth in paragraph (1)(A) and (B), shall focus pri-
marily on the merchant market for the article like 
or directly competitive with the imported article. 
‘‘(3) In making determinations under sub-
section (b), the Commission shall— 
‘‘(A) consider the condition of the domestic 
industry over the course of the relevant busi-
ness cycle, but may not aggregate the causes of 
declining demand associated with a recession or 
economic downturn in the United States econ-
omy into a single cause of serious injury or 
threat of injury; and 
‘‘(B) examine factors other than imports 
which may cause or threaten to cause serious 
injury to the domestic industry. 
The Commission shall include the results of its ex-
amination under subparagraph (B) in the report 
submitted by the Commission to the President under 
subsection (e). 
‘‘(4) In making determinations under sub-
section (b), the Commission shall consider whether 
any change in the volume of imports that has oc-
curred since a petition under subsection (a) was filed 
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or a request under subsection (b) was made is re-
lated to the pendency of the investigation, and if so, 
the Commission may reduce the weight accorded to 
the data for the period after the petition under sub-
section (a) was filed or the request under subsection 
(b) was made in making its determination of serious 
injury, or the threat thereof.’’; and 
(F) in paragraph (5), as so redesignated— 
(i) by striking ‘‘and (B)’’ and insert-
ing ‘‘, (B), and (C)’’; and 
(ii) by striking ‘‘be a substantial cause 
of serious injury, or the threat thereof,’’ 
and inserting ‘‘cause or threaten to cause 
serious injury’’; 
(4) in subsection (d)— 
(A) in paragraph (1)(A)(ii), by striking 
‘‘be, or likely to be a substantial cause of seri-
ous injury, or the threat thereof,’’ and inserting 
‘‘cause, or be likely to cause, or threaten to 
cause, or be likely to threaten to cause, serious 
injury’’; 
(B) in paragraph (1)(C), in the matter fol-
lowing clause (ii), by striking ‘‘a substantial 
cause of serious injury, or the threat thereof,’’ 
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and inserting ‘‘causing or threatening to cause 
serious injury’’; 
(C) by amending paragraph (2)(A) to read 
as follows: 
‘‘(2)(A) When a petition filed under subsection 
(a) or a request filed under subsection (b) alleges 
that critical circumstances exist and requests that 
provisional relief be provided under this subsection 
with respect to imports of the article identified in 
the petition or request, the Commission shall, not 
later than 45 days after the petition or request is 
filed, determine, on the basis of available informa-
tion, whether— 
‘‘(i) there is clear evidence that increased 
imports (either actual or relative to domestic 
production) of the article are causing or threat-
ening to cause serious injury to the domestic in-
dustry producing an article like or directly com-
petitive with the imported article; and 
‘‘(ii) delay in taking action under this 
chapter would cause damage to that industry 
that would be difficult to repair. 
‘‘In making the evaluation under clause (ii), the 
Commission should consider, among other factors 
that it considers relevant, the timing and volume of 
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