(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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fair and equitable market access to United 
States products. 
‘‘(c) REVOCATIONS AND ADDITIONAL IDENTIFICA-
TIONS.— 
‘‘(1) AUTHORITY TO ACT AT ANY TIME.—If in-
formation available to the Trade Representative indi-
cates that such action is appropriate, the Trade 
Representative may at any time— 
‘‘(A) revoke the identification of any for-
eign country as a priority foreign country under 
this section; or 
‘‘(B) identify any foreign country as a pri-
ority foreign country under this section. 
‘‘(2) REVOCATION REPORTS.—The Trade Rep-
resentative shall include in the semiannual report 
submitted to the Congress under section 309(3) a 
detailed explanation of the reasons for the revocation 
under paragraph (1) of the identification of any for-
eign country as a priority foreign country under this 
section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) SANITARY
OR
PHYTOSANITARY
MEAS-
URE.—The term ‘sanitary or phytosanitary measure’ 
means a sanitary or phytosanitary measure as de-
fined by Annex A of the Agreement on the Applica-
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tion of Sanitary and Phytosanitary Measures (de-
scribed in section 101(d)(3) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(3)). 
‘‘(2) TECHNICAL
BARRIERS
TO
TRADE.—The 
term ‘technical barriers to trade’ means technical 
regulations, standards, and conformity assessment 
procedures as defined by Annex 1 of the Agreement 
on Technical Barriers to Trade (described in section 
101(d)(5) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(d)(5)). 
‘‘(3) DENIAL OF FAIR AND EQUITABLE MARKET 
ACCESS.— 
‘‘(A) IN GENERAL.—A technical barrier to 
trade or a sanitary or phytosanitary measure 
may deny fair and equitable market access to 
United States products regardless of whether it 
is in violation of, or inconsistent with, the inter-
national legal rights of the United States. 
‘‘(B) EXAMPLES OF UNFAIR AND INEQUI-
TABLE
TECHNICAL
BARRIERS
TO
TRADE.—A 
technical barrier to trade that denies fair and 
equitable market access to United States prod-
ucts may include, but is not limited to, one 
that— 
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‘‘(i) is more restrictive than necessary 
to achieve a legitimate objective of the for-
eign country, or are applied more strictly 
than necessary; 
‘‘(ii) is not based on international 
standards, and there is no basis to con-
clude that the international standards 
would be an ineffective or inappropriate 
means for the fulfilment of the legitimate 
objectives pursued; 
‘‘(iii) fails to give positive consider-
ation to equivalent technical regulations of 
the United States that adequately fulfil the 
objectives of the regulations of the foreign 
country; 
‘‘(iv) 
establishes 
requirements 
in 
terms of design or descriptive characteris-
tics, rather than performance; 
‘‘(v) is not transparent, such as a 
measure that is not published or does not 
provide meaningful opportunity for com-
ment; or 
‘‘(vi) unjustifiably discriminates or 
has the effect of discriminating between 
imported and domestically produced prod-
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ucts, or products imported from different 
countries. 
‘‘(C) EXAMPLES OF UNFAIR AND INEQUI-
TABLE
SANITARY
OR
PHYTOSANITARY
MEAS-
URES.—A sanitary or phytosanitary measure 
that denies fair and equitable market access to 
United States products may include, but is not 
limited to, one that— 
‘‘(i) is not based on scientific prin-
ciples or is maintained without sufficient 
scientific evidence; 
‘‘(ii) 
discriminates 
arbitrarily 
or 
unjustifiably where identical or similar con-
ditions prevail, or is applied in a manner 
that would constitute a disguised restric-
tion on international trade; 
‘‘(iii) is not based on an assessment of 
the risks to human, animal, or plant life or 
health, or does not take into account risk 
assessment techniques developed by any 
relevant international organizations; or 
‘‘(iv) is not transparent, such as a 
measure that is not published or does not 
provide meaningful opportunity for com-
ment. 
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‘‘(e) PUBLICATION.—The Trade Representative shall 
publish in the Federal Register a list of foreign countries 
identified under subsection (a) and shall make such revi-
sions to the list as may be required by reason of action 
under subsection (c). 
‘‘(f) ANNUAL REPORT.—The Trade Representative 
shall, not later than the date by which countries are identi-
fied under subsection (a), transmit to the Committee on 
Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate, a report on the ac-
tions taken under this section during the 12 months pre-
ceding such report, and the reasons for such actions, in-
cluding a description of progress made toward ensuring 
that technical barriers to trade and sanitary or 
phytosanitary measures do not deny fair and equitable 
market access for United States products.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Trade Act of 1974 is amended by in-
serting after the item relating to section 182 the fol-
lowing: 
‘‘Sec. 183. Identification of countries that maintain unfair technical barriers to 
trade or unfair sanitary or phytosanitary measures.’’. 
(b) ACTIONS
BY UNITED STATES TRADE REP-
RESENTATIVE.—Section 301(d)(3)(B) of the Trade Act of 
1974 (19 U.S.C. 2411(d)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
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(2) in clause (iii), by striking the period at the 
end and inserting ‘‘or’’; and 
(3) by adding at the end the following: 
‘‘(iv) are technical barriers to trade, or 
sanitary or phytosanitary measures, that deny 
fair and equitable market access to United 
States products.’’. 
(c) 
INITIATION
OF
INVESTIGATIONS.—Section 
302(b)(2) of the Trade Act of 1974 (19 U.S.C. 
2412(b)(2)) is amended— 
(1) in subparagraph (A), in the matter pre-
ceding clause (i), by inserting ‘‘or 183(a)(2)’’ after 
‘‘section 182(a)(2);’’; 
(2) in subparagraph (D), by inserting ‘‘con-
cerning intellectual property rights that is’’ after 
‘‘any investigation’’; and 
(3) by adding at the end the following: 
‘‘(E) The Trade Representative shall consult 
with the Secretary of Commerce, the Secretary of 
Agriculture, the Administrator of the Food and 
Drug Administration, and the heads of other appro-
priate Federal agencies, during any investigation 
concerning technical barriers to trade or sanitary or 
phytosanitary measures that is initiated under this 
chapter by reason of subparagraph (A).’’. 
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TITLE 
II—RESTORATION 
OF 
RIGHTS UNDER TRADE REM-
EDY LAWS 
SEC. 201. APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET 
ECONOMY 
COUNTRIES 
AND 
STRENGTHENING APPLICATION OF THE LAW. 
(a) APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET ECONOMIES.—Section 701(a)(1) of the Tar-
iff Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by in-
serting ‘‘(including a nonmarket economy country)’’ after 
‘‘country’’ each place it appears. 
(b) RECOGNITION OF COUNTERVAILABLE SUBSIDIES 
IN
NONMARKET
ECONOMY
COUNTRIES.—Section 
771(5)(C) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)) is amended to read as follows: 
‘‘(C) OTHER
FACTORS.—(i) The deter-
mination of whether a subsidy exists shall be 
made without regard to— 
‘‘(I) whether the recipient of the 
subsidy is publicly or privately owned; 
‘‘(II) whether the subsidy is pro-
vided directly or indirectly on the 
manufacture, production, or export of 
merchandise; and 
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‘‘(III)(aa) whether the country is 
a nonmarket economy country, or 
‘‘(bb) the level of economic re-
forms in a country that is a non-
market economy country, 
at the time the subsidy is provided. 
‘‘(ii) The administering authority is 
not required to consider the effect of the 
subsidy in determining whether a subsidy 
exists under this paragraph.’’. 
(c) USE OF ALTERNATE METHODOLOGIES INVOLV-
ING CHINA.—Section 771(5)(E) of the Tariff Act of 1930 
(19 U.S.C. 1677(5)(E)) is amended by adding at the end 
the following: 
‘‘If the administering authority encounters spe-
cial difficulties in identifying and calculating 
the amount of a benefit under clauses (i) 
through (iv) with respect to an investigation or 
review involving the People’s Republic of China, 
irrespective of whether the administering au-
thority determines that China is a nonmarket 
economy country under paragraph (18) of this 
section, the administering authority shall use 
methodologies to identify and calculate the 
amount of the benefit that take into account 
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the possibility that terms and conditions pre-
vailing in China may not always be available as 
appropriate benchmarks. In applying such 
methodologies, where practicable, the admin-
istering authority should take into account and 
adjust terms and conditions prevailing in China 
before using terms and conditions prevailing 
outside of China. If the administering authority 
has determined that China is a nonmarket 
economy country under paragraph (18) of this 
section, the administering authority shall pre-
sume that special difficulties exist in calculating 
the amount of a benefit under clauses (i) 
through (iv) with respect to an investigation or 
review involving China and that it is not prac-
ticable to take into account and adjust terms 
and conditions prevailing in China, and the ad-
ministering authority shall use terms and condi-
tions prevailing outside of China.’’. 
(d) SUBSIDIES PROVIDED TO STATE-OWNED ENTER-
PRISES IN THE PEOPLE’S REPUBLIC OF CHINA.—Section 
771(5A) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)) 
is amended by adding at the end the following: 
‘‘For purposes of this paragraph, subsidies provided 
to state-owned enterprises in the People’s Republic 
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of China shall be deemed to be specific if, inter alia, 
state-owned enterprises are the predominant recipi-
ents of such subsidies or state-owned enterprises re-
ceive disproportionately large amounts of such sub-
sidies.’’. 
(e) ANTIDUMPING PROVISIONS NOT AFFECTED.— 
The amendments made by this section shall not affect the 
status of a country as a nonmarket economy country for 
the purposes of any matter relating to antidumping duties 
under subtitle B of title VII of the Tariff Act of 1930 
(19 U.S.C. 1673 et seq.). 
(f) EFFECTIVE DATE.—The amendments made by 
this section apply to petitions filed under section 702 of 
the Tariff Act of 1930 (19 U.S.C. 1671a) on or after Oc-
tober 1, 2006. 
SEC. 202. TREATMENT OF INDIVIDUAL BUSINESS ENTER-
PRISES IN NONMARKET ECONOMY COUN-
TRIES. 
Section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
1677(18)) is amended— 
(1) by redesignating subparagraphs (D) and 
(E) as subparagraph (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
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‘‘(D) TREATMENT
OF
INDIVIDUAL
BUSI-
NESS
ENTERPRISES.—The administering au-
thority shall not consider requests for market 
economy treatment at the individual business 
enterprise level in an antidumping proceeding 
involving a foreign country determined to be a 
nonmarket economy country.’’. 
SEC. 203. 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. 1677(18)(C)(i)) is amended 
to read as follows: 
‘‘(i) Any determination that a foreign 
country is a nonmarket economy country 
shall remain in effect until— 
‘‘(I) the administering authority 
makes a final determination to revoke 
the determination under subparagraph 
(A); and 
‘‘(II) a joint resolution is enacted 
into law pursuant to subsections (b) 
through (i) of section 203 of the 
Trade Enforcement Act of 2009.’’. 
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(b) NOTIFICATION BY PRESIDENT; JOINT RESOLU-
TION.—Whenever the administering authority (as such 
term is defined in section 771(1) of the Tariff Act of 1930 
(19 U.S.C. 1677(1)) makes a final determination under 
section 771(18)(C)(i)(I) of the Tariff Act of 1930 (as 
added by subsection (a) of this section) to revoke the de-
termination that a foreign country is a nonmarket econ-
omy country— 
(1) the President shall notify the Committee on 
Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives of the 
administering authority’s final determination not 
later than 10 days after the publication of the final 
determination in the Federal Register; 
(2) the President shall transmit to the Congress 
a request that a joint resolution be introduced pur-
suant to this section; and 
(3) a joint resolution shall be introduced in the 
Congress pursuant to this section. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘joint resolution’’ means only a joint resolution of 
the 2 Houses of the Congress, the matter after the resolv-
ing clause of which is as follows: ‘‘That the Congress ap-
proves the change of nonmarket economy status with re-
spect 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 name of the country 
with respect to which a determination has been made 
under section 771(18)(C)(i) of the Tariff Act of 1930 (19 
U.S.C. 1677(18)(C)(i)), and the second blank space being 
filled with the date on which the President notified the 
Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives 
under subsection (b)(1). 
(d) INTRODUCTION.—A joint resolution shall be in-
troduced (by request) in the House of Representatives by 
the majority leader of the House, for himself, or by Mem-
bers of the House designated by the majority leader of 
the House, and shall be introduced (by request) 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. 
(e) AMENDMENTS PROHIBITED.—No amendment to 
a joint resolution shall be in order in either the House 
of Representatives or the Senate, and no motion to sus-
pend 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. 
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motions to proceed to the consideration of other 
business, shall be decided without debate. 
(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 a joint 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 a joint resolution shall 
be governed by the Rules of the House of Represent-
atives applicable to other bills and resolutions in 
similar circumstances. 
(h) FLOOR CONSIDERATION IN THE SENATE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
Senate to proceed to the consideration of a joint res-
olution shall be privileged and not debatable. 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 disagreed to. 
(2) DEBATE LIMITED.—Debate in the Senate 
on a joint resolution, and all debatable motions and 
appeals in connection therewith, shall be limited to 
not more than 20 hours. The time shall be equally 
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divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
(3) CONTROL OF DEBATE.—Debate in the Sen-
ate on any debatable motion or appeal in connection 
with a joint resolution shall be limited to not more 
than 1 hour, to be equally divided between, and con-
trolled by, the mover and the manager of the joint 
resolution, except that in the event the manager of 
the joint resolution 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 either of them, may, from time 
under their control on the passage of a joint resolu-
tion, allot additional 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 a joint resolution is not in order. 
(i) RULES OF HOUSE OF REPRESENTATIVES AND 
SENATE.—Subsections (c) through (h) 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 subsections (c) through (h) 
are deemed a part of the rules of each House, re-
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spectively, but applicable only with respect to the 
procedure to be followed in that House in the case 
of joint resolutions described in subsection (c), and 
subsections (c) through (h) supersede other rules 
only to the extent that they are inconsistent there-
with; 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. 
SEC. 204. WTO APPELLATE BODY RULINGS REQUIRING OFF-
SETS FOR NON-DUMPED COMPARISONS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Contracting Parties of the General 
Agreements on Tariffs and Trade agreed in 1947, 
and the Members of the World Trade Organization 
(WTO) reaffirmed in 1994, that dumping, by which 
products of one country are introduced into the com-
merce of another country at less than fair value, ‘‘is 
to be condemned’’ if it causes or threatens material 
injury to, or materially retards the establishment of, 
a domestic industry. 
(2) Since the adoption of the first United 
States antidumping law in 1921, the United States 
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has treated groups of sales that are above ‘‘fair 
value’’ as not dumped (i.e., having a dumping mar-
gin of zero). Virtually every other government that 
applies antidumping measures has used a similar 
practice of ‘‘zeroing’’ sales above fair value. 
(3) In a series of recent dispute settlement pro-
ceedings, the WTO Appellate Body has repeatedly 
overturned the rulings of several panels of anti-
dumping experts that have found that the long-
standing practice of zeroing is not inconsistent with 
the WTO agreements. The WTO Appellate Body has 
found that the United States is required to recognize 
‘‘negative dumping’’ (the amount by which certain 
groups of sales may exceed ‘‘fair value’’) and thereby 
imposed a new mandate that the United States must 
offset dumped sales. 
(4) The United States has described these deci-
sions of the WTO Appellate Body as ‘‘devoid of legal 
merit,’’ ‘‘fatally flawed,’’ and ‘‘very troubling.’’ 
(5) Despite these criticisms, the U.S. Depart-
ment of Commerce implemented the recommenda-
tions of the WTO Appellate Body by creating man-
datory offsets for dumping with respect to certain 
comparisons made in antidumping investigations, ef-
fective February 22, 2007. The Department of Com-
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merce did not make any other modifications to its 
methodologies to ensure that dumping is addressed 
fully and in all instances under United States anti-
dumping law. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) in negotiations and dispute settlement pro-
ceedings at the WTO, the United States should— 
(A) restore the balance between rights and 
obligations that was struck during the Uruguay 
Round of Multilateral Trade Negotiations, as 
reflected in the Agreement on Implementation 
of Article VI of the General Agreement on Tar-
iffs and Trade 1994, including by eliminating 
the requirement to offset dumped sales with 
non-dumped sales; and 
(B) preserve the ability of the United 
States to enforce rigorously its trade laws, in-
cluding the antidumping, countervailing duty, 
and safeguard laws; 
(2) the Department of Commerce should revisit 
its decision to modify its methodology in anti-
dumping investigations with respect to the calcula-
tion of the weighted-average dumping margin, effec-
tive February 22, 2007; 
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(3) a revised modification should seek to ensure 
that 100 percent of dumping is addressed under 
United States antidumping duty law and practice, 
while also ensuring that the United States complies 
with its WTO obligations. 
(c) REQUIREMENTS FOR AGENCY ACTION.— 
(1) CHANGES
IN
ANTIDUMPING
METHOD-
OLOGY.—The Department of Commerce may not im-
plement any revised methodology in antidumping in-
vestigations with respect to the calculation of 
weighted-average dumping margins unless and until 
the procedures set forth in section 123(g)(1) of the 
Uruguay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3533(g)(1)) have been followed and completed. 
(2) EFFECTIVE
DATE
OF
MODIFICATION.—A 
final rule or other modification to which paragraph 
(1) applies may not go into effect before the end of 
the 60-day period beginning on the date on which 
consultations under section 123(g)(1)(E) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3533(g)(1)(E)) begin. 
(3) VOTE BY CONGRESSIONAL COMMITTEES.— 
During the 60-day period described in paragraph 
(2), the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
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nance of the Senate may vote to indicate the agree-
ment or disagreement of the committee with the pro-
posed contents of the final rule or other modifica-
tion. Any such vote shall not be binding on the de-
partment or agency which is implementing the rule 
or other modification. 
(d) GRACE PERIOD FOR ORIGINAL MODIFICATION.— 
The final modification announced in ‘‘Antidumping Pro-
ceedings: Calculation of the Weighted-Average Dumping 
Margin During an Antidumping Investigation; Final 
Modification,’’ 71 Fed. Reg. 77722 (December 27, 2006) 
shall remain in force until March 1, 2009. On that date, 
the Department of Commerce shall return to the method-
ology it applied before adopting the Final Modification, 
unless or until it issues a Revised Modification, in accord-
ance with the procedures described in subsection (c). 
SEC. 205. ROLE OF WTO APPELLATE BODY RULINGS IN THE 
WTO DISPUTE SETTLEMENT SYSTEM. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States and other members of 
the World Trade Organization made clear when they 
established the World Trade Organization that the 
text of the WTO agreements, and not interpreta-
tions of those agreements by the Appellate Body or 
any other international tribunal, establishes the 
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rights and obligations of WTO members. The WTO 
members determined that ‘‘in their findings and rec-
ommendations, the panel and Appellate Body cannot 
add to or diminish the rights and obligations’’ in the 
text of an agreement. Instead, a dispute settlement 
panel is to make an ‘‘objective assessment of the 
matter before it, including an objective assessment 
of the facts of the case and the applicability of and 
conformity with the relevant covered agreements’’. 
The WTO members themselves, by a three-fourths 
majority, have the ‘‘exclusive authority’’ to adopt 
binding interpretations of the WTO agreements. 
(2) Accordingly, in 1996, the WTO Appellate 
Body stated that past dispute settlement decisions 
‘‘create legitimate expectations among WTO Mem-
bers, and, therefore, should be taken into account 
where they are relevant to any dispute. However, 
they are not binding, except with respect to resolving 
the particular dispute between the parties to that 
dispute.’’. 
(3) In 2008, however, the Appellate Body criti-
cized a dispute settlement panel for conducting its 
own objective assessment of a legal issue and refus-
ing to follow the Appellate Body’s past interpreta-
tions of provisions of WTO agreements. The Appel-
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late Body stated that it was ‘‘deeply concerned about 
the Panel’s decision to depart from well-established 
Appellate Body jurisprudence clarifying the interpre-
tation of the same legal issues’’. 
(4) The notion that a dispute settlement panel 
is obligated to follow Appellate Body precedent, 
rather than its own objective assessment of the rel-
evant WTO agreements, is inconsistent with the text 
of those agreements and ultimately may have a 
chilling effect on future negotiations to further open 
markets and strengthen the global trading system. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that the United States should state unequivo-
cally that— 
(1) it in inconsistent with the express mandate 
of limited authority to the WTO Appellate Body 
under the Understanding on Rules and Procedures 
Governing the Settlement of Disputes for the Appel-
late Body to establish a new legal standard that dis-
pute settlement panels must apply in deciding cases; 
and 
(2) a dispute settlement panel is obligated to 
follow the text of an agreement negotiated by the 
WTO members themselves, and not the ‘‘jurispru-
dence’’ of the WTO Appellate Body. 
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(c) DEFINITIONS.—In this section: 
(1) WTO AGREEMENTS.—The term ‘‘WTO 
agreements’’ means the agreements approved by the 
Congress under section 101(a)(1) of the Uruguay 
Round Agreements Act (19 U.S.C. 3511(a)(1)). 
(2) WTO MEMBER.—The term ‘‘WTO mem-
ber’’ has the meaning given that term in section 2 
of the Uruguay Round Agreements Act (19 U.S.C. 
3501). 
(3) APPELLATE BODY; DISPUTE SETTLEMENT 
PANEL.—The terms ‘‘Appellate Body’’ and ‘‘dispute 
settlement panel’’ have the meanings given those 
terms in section 121 of the Uruguay Round Agree-
ments Act (19 U.S.C. 3531). 
(4) UNDERSTANDING ON RULES AND PROCE-
DURES
GOVERNING
THE
SETTLEMENT
OF
DIS-
PUTES.—The term ‘‘Understanding on Rules and 
Procedures Governing the Settlement of Disputes’’ 
means 
the 
agreement 
described 
in 
section 
101(d)(16) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(d)(16)). 
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SEC. 206. CLARIFICATION REGARDING MATERIAL INJURY 
BY REASON OF IMPORTS OF SUBJECT MER-
CHANDISE. 
Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)) is amended by adding at the end the following: 
‘‘(J) 
ADDITIONAL
REQUIREMENTS.—In 
evaluating whether there is material injury, or 
threat thereof, by reason of imports of the sub-
ject merchandise, the Commission shall make 
its determination without regard to— 
‘‘(i) whether other imports would have 
replaced or are likely to replace subject im-
ports if an order were issued or a suspen-
sion agreement were accepted under this 
title; or 
‘‘(ii) the effect of a potential order or 
suspension agreement on the domestic in-
dustry, except with respect to any finding 
required by subparagraph (F)(ii).’’. 
SEC. 207. STANDARD FOR PRESIDENTIAL ACTION ON ITC 
FINDING OF MARKET DISRUPTION. 
Section 421 of the Trade Act of 1974 (19 U.S.C. 
2451) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘any’’ before ‘‘increased 
duties’’; and 
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(B) by striking ‘‘, to the extent and for 
such period’’ and all that follows to the end pe-
riod and inserting ‘‘recommended by the Inter-
national Trade Commission’’; 
(2) in subsection (e), in the second sentence, by 
striking ‘‘agreed upon by either group’’ and all that 
follows to the end period and inserting ‘‘shall be con-
sidered an affirmative determination under sub-
section (b)’’; 
(3) in subsection (f)— 
(A) in the heading, by striking ‘‘ON PRO-
POSED REMEDIES’’ and inserting ‘‘FOR RE-
LIEF’’; 
(B) in the first sentence— 
(i) by striking ‘‘the President or 
Trade Representative may consider as’’ 
and inserting ‘‘is to be considered’’; and 
(ii) by striking ‘‘the Commission shall 
propose’’ and inserting ‘‘the Commission 
shall recommend’’; and 
(C) in the second sentence, by striking 
‘‘proposed action’’ and inserting ‘‘recommended 
action’’; 
(4) in subsection (g)(2)(B)— 
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dent recommending what action to take under 
subsection (k)’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(3) The Trade Representative, after submitting a 
report to the President under paragraph (2), shall prompt-
ly make the report available to the public, excluding any 
proprietary or confidential information. The Trade Rep-
resentative shall publish a summary of the report in the 
Federal Register.’’; 
(6) in subsection (i)— 
(A) in the flush sentence at the end of 
paragraph (1), by striking ‘‘agreed upon by ei-
ther group’’ and all that follows to the end pe-
riod and inserting ‘‘shall be considered an af-
firmative determination of the Commission’’; 
and 
(B) by striking paragraphs (2), (3), and 
(4), and inserting the following: 
‘‘(2) On the date on which the Commission completes 
its determinations under paragraph (1), the Commission 
shall transmit a report on the determinations to the Presi-
dent and the Trade Representative, including the reasons 
for its determinations. If the determinations under para-
graph (1) are affirmative or if the determinations are con-
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sidered to be affirmative under paragraph (1), the Com-
mission shall include in its report its recommendations on 
provisional relief to be taken to prevent or remedy the 
market disruption. Only those members of the Commission 
who agreed to the affirmative determinations under para-
graph (1) are eligible to vote on the recommended provi-
sional relief to prevent or remedy market disruption. Mem-
bers of the Commission who did not agree to the affirma-
tive determinations may submit, in the report, dissenting 
or separate views regarding the determination and any 
recommendation of provisional relief referred to in this 
paragraph. 
‘‘(3) The provisional relief referred to in paragraph 
(2) may include— 
‘‘(A) the imposition of or increase in any duty; 
‘‘(B) any modification, or imposition of any 
quantitative restriction on the importation of any ar-
ticle into the United States; or 
‘‘(C) any combination of actions under subpara-
graph (A) or (B). 
‘‘(4) If the determinations under paragraph (1) are 
affirmative or if the determinations are considered to be 
affirmative under paragraph (1), the Trade Representa-
tive shall, within 10 days after receipt of the Commission’s 
report, transmit a report to the President recommending 
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what action to take with respect to provisional relief under 
subsection (k). 
‘‘(5)(A) The President shall proclaim any provisional 
relief recommended by the Commission not later than 10 
days after the date the President receives the report de-
scribed in paragraph (4) from the Trade Representative. 
‘‘(B) Any provisional relief proclaimed by the Presi-
dent pursuant to a determination of critical circumstances 
shall remain in effect for a period not to exceed 200 days. 
‘‘(C) Provisional relief shall cease to apply upon the 
effective date of relief proclaimed under subsection (a), 
upon a decision by the President not to provide such relief 
under subsection (k), or upon a negative determination by 
the Commission under subsection (b).’’; 
(7) in subsection (j)— 
(A) in paragraph (1), by striking ‘‘which 
the Trade Representative considers to be’’ and 
inserting ‘‘that is considered to be’’; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) If no agreement is reached with the People’s Re-
public of China pursuant to consultations under para-
graph (1) in the time required for Presidential action 
under subsection (k), or if the President determines that 
an agreement reached pursuant to such consultations is 
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not preventing or remedying the market disruption at 
issue in the time required for Presidential action under 
subsection (k), the President shall provide import relief 
in accordance with subsection (a).’’; 
(8) in subsection (k)— 
(A) in the heading, by striking ‘‘STAND-
ARD FOR PRESIDENTIAL ACTION’’ and inserting 
‘‘TIMING FOR PRESIDENTIAL ACTION; EXCEP-
TIONS’’; 
(B) in paragraph (1), by striking ‘‘a rec-
ommendation from the Trade Representative’’ 
and all that follows to the end period and in-
serting ‘‘a report from the Trade Representa-
tive under subsection (h)(2), the President 
shall, pursuant to subsection (a), proclaim the 
relief recommended by the Commission’’; and 
(C) by amending paragraph (2) to read as 
follows: 
‘‘(2) The President may decline to proclaim relief 
pursuant to subsection (a), may proclaim relief pursuant 
to subsection (a) that differs from the relief recommended 
by the Commission, may decline to proclaim provisional 
relief pursuant to subsection (i), or may proclaim provi-
sional relief pursuant to subsection (i) that differs from 
the relief recommended by the Commission— 
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‘‘(A) only in extraordinary cases; and 
‘‘(B) only if the President determines that pro-
viding relief or provisional relief pursuant to sub-
section (a) or (i) or providing relief recommended by 
the Commission pursuant to subsection (a) or (i) 
would cause serious harm to the economic interests 
or to the national security of the of the United 
States.’’; 
(9) in subsection (l), by amending paragraph 
(1) to read as follows: 
‘‘(1) The President’s decision under subsection (k) 
shall be submitted to the Committee on Finance of the 
Senate and the Committee on Ways and Means of the 
House of Representatives and shall be published in the 
Federal Register within 15 days of the decision. In the 
submission to the committees and in publication in the 
Federal Register, the President shall include the reasons 
for the decision and the scope and duration of any action 
taken. If the President takes action that differs from the 
action recommended by the Commission under subsection 
(f) or declines to take action pursuant to subsection 
(k)(2), the President shall state in detail the reasons for 
such action or inaction.’’; 
(10) by redesignating subsections (m) through 
(o) as subsections (n) through (p), respectively; 
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(11) by inserting after subsection (l) the fol-
lowing new subsection: 
‘‘(m) IMPLEMENTATION OF ACTION RECOMMENDED 
BY COMMISSION.—(1) If the President takes action that 
differs from the action recommended by the Commission 
under subsection (f) or declines to take action pursuant 
to subsection (k)(2)(B)(i), the action recommended by the 
Commission under subsection (f) shall take effect (as pro-
vided in subsection (n)(2)) upon the enactment of a joint 
resolution described in paragraph (2) within the 90-day 
period beginning on the date on which the President’s de-
cision is transmitted to the Congress pursuant to sub-
section (l). 
‘‘(2) For purposes of this section, the term ‘joint res-
olution’ means a joint resolution of the 2 Houses of the 
Congress, the sole matter after the resolving clause of 
which is as follows: ‘That the Congress does not approve 
the action taken by, or the determination of, the President 
under section 421 of the Trade Act of 1974, notice of 
which 
was 
transmitted 
to 
the 
Congress 
on 
llllll.’, with the blank space being filled with the 
appropriate case number and date. 
‘‘(3) The provisions of section 152(b), (c), (d), (e), 
and (f) of the Trade Act of 1974 (19 U.S.C. 2192(b), (c), 
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(d), (e), and (f)) shall apply to joint resolutions under this 
section.’’; 
(12) in subsection (n), as redesignated, by 
striking ‘‘Import relief under this section’’ and all 
that follows to the end period and inserting the fol-
lowing: 
‘‘(1) Except as provided in paragraph (2), import re-
lief under this section shall take effect not later than 15 
days after the President’s determination to provide such 
relief. 
‘‘(2) If the action recommended by the Commission 
takes effect pursuant to subsection (m), the President 
shall, within 15 days after the date of the enactment of 
the joint resolution referred to in subsection (m), proclaim 
the action recommended by the Commission under sub-
section (f). Such action shall take effect not later than 
15 days after the date of the President’s proclamation.’’; 
(13) in subsection (o), as redesignated— 
(A) in paragraph (1), by striking ‘‘6- 
month’’ and inserting ‘‘1-year’’; and 
(B) in paragraph (3), by inserting ‘‘or 
(m)’’ after ‘‘subsection (k)’’; and 
(14) in subsection (p), as redesignated— 
(A) in paragraph (1), by inserting ‘‘or 
(m)’’ after ‘‘subsection (k);’’; and 
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(B) in paragraph (3), by striking ‘‘sub-
section (m)’’ and inserting ‘‘subsection (n)’’. 
SEC. 208. APPLICATION OF AMENDMENTS TO GOODS FROM 
CANADA AND MEXICO. 
Pursuant to section 1902 of the North American 
Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation Act (19 
U.S.C. 3438), any amendments made by this title to title 
VII of the Tariff Act of 1930 shall apply to goods from 
Canada and Mexico. 
SEC. 209. RULE OF CONSTRUCTION. 
The amendments made by this title shall not be con-
strued to affect the interpretation of any provision of law 
amended by such sections as such provisions of law were 
in effect on the day before the date of the enactment of 
this Act. 
TITLE 
III—ENFORCEMENT 
OF 
HEALTH AND SAFETY LAWS 
AND 
INTELLECTUAL 
PROP-
ERTY RIGHTS AT U.S. BOR-
DERS 
Subtitle A—Import Safety 
SEC. 301. DEFINITIONS. 
In this subtitle: 
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(1) COMMISSIONER.—Except as otherwise pro-
vided, the term ‘‘Commissioner’’ means the Commis-
sioner responsible for U.S. Customs and Border 
Protection. 
(2) INTERNATIONAL SUPPLY CHAIN.—The term 
‘‘international supply chain’’ means the end-to-end 
process for transporting goods to or from the United 
States beginning with the point of origin (including 
manufacturer, supplier, or vendor) through the point 
of distribution to the destination. 
(3) RELEVANT
DEPARTMENTS
AND
AGEN-
CIES.—The term ‘‘relevant departments or agencies’’ 
means— 
(A) the Department of Agriculture; 
(B) the Department of Commerce; 
(C) the Department of Health and Human 
Services; 
(D) the Department of Homeland Security; 
(E) the Department of Transportation; 
(F) the Consumer Product Safety Commis-
sion; 
(G) the Environmental Protection Agency; 
(H) the Federal Trade Commission; and 
(I) any other appropriate department or 
agency, as determined by the Secretary, acting 
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through the Commissioner, with responsibilities 
regarding the health or safety of goods. 
(4) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of the 
Treasury. 
SEC. 302. OBTAINING DATA ON GOODS DESTINED FOR IM-
PORTATION INTO THE UNITED STATES. 
(a) UNIFORM SYSTEM TO UNIQUELY IDENTIFY IM-
PORTS AND PARTICIPANTS IN THE INTERNATIONAL SUP-
PLY CHAIN.— 
(1) ESTABLISHMENT.—The Secretary, acting 
through the Commissioner, shall, in consultation 
with the heads of the relevant departments and 
agencies, establish a government-wide, uniform data 
system to uniquely identify all goods imported or 
destined for importation into the United States and, 
with respect to such goods, all importers of record, 
foreign manufacturers, foreign processing facilities, 
foreign exporters, foreign suppliers, and ultimate 
consignees. The system shall contain unique identi-
fiers for each participant in the international supply 
chain. The unique identifiers shall be incorporated 
into the International Trade Data System estab-
lished under section 411(d) of the Tariff Act of 
1930 and into the Automated Commercial Environ-
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ment, so as to permit departments and agencies to 
share and exchange authorized data on such goods, 
importers, manufacturers, facilities, exporters, and 
suppliers. 
(2) TIMING AND REPORTS.—The Secretary, act-
ing through the Commissioner, shall— 
(A) establish the uniform system under 
paragraph (1) not later than one year after the 
date of the enactment of this Act; and 
(B) report to the Congress, not later than 
the end of the 120-day period beginning on 
such date of enactment, and each 120-day pe-
riod thereafter until the uniform system has 
been established, on the progress in establishing 
the uniform system. 
(b) CARGO INFORMATION.—Section 343(a) of the 
Trade Act of 2002 (19 U.S.C. 2071 note) is amended— 
(1) in paragraph (2), by striking the period and 
inserting the following: ‘‘and, in the case of cargo 
destined for importation into the United States, to 
ensure that the cargo complies with those require-
ments imposed by the laws and regulations of the 
United States with respect to health and safety that 
are administered by the Department of Agriculture, 
the Department of Health and Human Services, the 
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Department of Transportation, the Environmental 
Protection Agency, the Consumer Product Safety 
Commission, the Federal Trade Commission, and 
other relevant departments and agencies of the 
United States.’’; and 
(2) in paragraph (3)(F), by striking ‘‘cargo 
safety and security and’’ and inserting the following: 
‘‘cargo safety and security, for ensuring that im-
ported goods comply with requirements under the 
laws and regulations of the United States relating to 
health and safety, as described in paragraph (2), 
and for targeting by U.S. Customs and Border Pro-
tection of cargo for failure to comply with such re-
quirements, and for’’. 
(c) DEVELOPMENT OF HEALTH AND SAFETY RULE 
SETS FOR AUTOMATED TARGETING SYSTEM.—The Sec-
retary, acting through the Commissioner, shall consult 
with the heads of the relevant departments and agencies 
to develop rule sets for identifying, including through the 
Automated Targeting System, cargo that violates laws or 
regulations of the United States with respect to health or 
safety that are administered by the relevant departments 
and agencies. 
(d) REPORTS ON INTERNATIONAL TRADE DATA SYS-
TEM.—Section 411(d)(4)(B) of the Tariff Act of 1930 (19 
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