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) 
of the Trade Act of 1974 (19 U.S.C. 2412(b)) is amend-
ed— 
(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 103 of the 
Trade Enforcement Act of 2008.’’. 
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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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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 inserting after 
‘‘cargo safety and security’’ the following: ‘‘, for en-
suring that imported goods comply with require-
ments 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 Protection of cargo for failure to comply 
with such requirements’’. 
(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 
U.S.C. 1411(d)(4)(B)) is amended by inserting before the 
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semicolon the following: ‘‘, in particular the progress of 
the United States Customs and Border Protection, the 
Department of Health and Human Services, the Depart-
ment of Transportation, the Environmental Protection 
Agency, the Consumer Product Safety Commission, the 
Federal Trade Commission, and other appropriate depart-
ments and agencies in implementing ITDS’’. 
SEC. 303. INTERAGENCY COORDINATION. 
(a) ACCESS TO ACE.—The Commissioner shall en-
sure that appropriate officials of the relevant departments 
and agencies have access to the Automated Commercial 
Environment for purposes of identifying cargo destined for 
importation into the United States as ‘‘high risk’’ with 
respect to public health or safety under the laws adminis-
tered by those departments and agencies. 
(b) COMMUNICATION AND RESPONSE PROTOCOLS.— 
The Secretary, acting through the Commissioner, shall 
take the necessary steps to implement protocols with the 
heads of the relevant departments and agencies that en-
sure rapid communication with and response by those de-
partments and agencies upon the discovery of goods des-
tined for importation into the United States that may pose 
a risk to public health or safety. 
(c) 
INTERDEPARTMENTAL
PROCEDURES; 
LEVERAGING OF RESOURCES AT PORTS OF ENTRY.—The 
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Secretary, acting through the Commissioner, shall, in con-
sultation with the heads of the relevant departments and 
agencies— 
(1) develop uniform interagency procedures, 
where appropriate, for clearing and controlling im-
ported goods at ports of entry, including procedures 
to streamline the entry process and facilitate the ex-
change of information and intelligence, processing of 
samples, providing training (where necessary) to 
keep the relevant departments and agencies updated 
on import requirements at the border, and other 
forms of interagency cooperation; and 
(2) take the necessary steps so that, in order to 
ensure that imported cargo does not pose risks to 
the public health or safety under laws administered 
by the relevant departments and agencies, personnel 
of the relevant department or agency or U.S. Cus-
toms and Border Protection officers are available to 
inspect and sample the cargo at the port of entry in 
the United States. 
The Secretary shall enter into such arrangements as are 
appropriate to ensure that U.S. Customs and Border Pro-
tection officers are authorized to inspect and sample cargo 
under paragraph (2). 
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SEC. 304. DEVELOPMENT OF IMPORT SAFETY PROGRAM. 
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Commissioner, shall, in consultation with the 
Advisory Committee on Import Safety and Intellectual 
Property Rights Enforcement established pursuant to sec-
tion 361 of this Act, establish a voluntary government- 
private sector program (to be known as the ‘‘Import Safe-
ty Program’’) to ensure that all goods in the international 
supply chain do not pose risks to public health or safety, 
and to facilitate the movement of such goods through the 
international supply chain. Under the program— 
(1) eligible entities described in subsection (d) 
voluntarily agree to abide by the minimum require-
ments under subsection (b); and 
(2) the Secretary agrees to expedite the move-
ment of the goods of such persons through the in-
spection process and to provide other benefits to 
participants meeting or exceeding the requirements 
of the Import Safety Program. 
(b) MINIMUM REQUIREMENTS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall establish the min-
imum requirements for eligible entities described in 
subsection (d) seeking to participate in the Import 
Safety Program and review such requirements at 
least once every year and update such requirements 
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as necessary. In establishing such requirements, the 
Secretary shall— 
(A) require that each such eligible entity 
applying be a participant in the C–TPAT pro-
gram under subtitle B of title II of the SAFE 
Port Act (in this section referred to as ‘‘C– 
TPAT’’; 6 U.S.C. 961 et seq.); and 
(B) incorporate standards for the fol-
lowing: 
(i) Controls for ensuring the eligible 
entity’s compliance with health and safety 
standards under the laws and regulations 
of the United States for goods moved by 
the eligible entity through the international 
supply chain. 
(ii) Tracking and maintaining records 
on goods moved by the eligible entity 
through the international supply chain. 
(iii) Documentation of controls re-
ferred to in clause (i), including mainte-
nance of testing results. 
(iv) Access by the Secretary to the eli-
gible entity’s business records for review. 
(v) Access by the Secretary to vendor 
and supplier information. 
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(vi) Such other factors as the Sec-
retary determines are necessary. 
(2) SPECIFIC
REQUIREMENTS.—An applicant 
seeking to participate in the Import Safety Program 
must— 
(A) demonstrate a history of moving cargo 
in the international supply chain in compliance 
with health and safety standards under the laws 
and regulations of the United States; 
(B) have procedures in place to ensure 
that the cargo is not subject to an Import Alert 
of the Food and Drug Administration or to any 
voluntary or mandatory recall imposed because 
of a potential risk to public health or safety; 
(C) have in place internal controls and 
product-testing regimes to ensure compliance 
with health and safety standards under the laws 
and regulations of the United States, including 
compliance by the applicant’s suppliers with 
such health and safety standards; and 
(D) conduct an assessment of its supply 
chain based upon health and safety criteria es-
tablished by the Secretary, acting through the 
Commissioner. 
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(c) COORDINATION.—The Secretary shall coordinate 
with the heads of the relevant departments and agencies 
for purposes of verifying the compliance of imported goods 
with health and safety standards under subsection 
(b)(1)(B)(i). 
(d) ELIGIBLE ENTITIES.—Importers, producers, sell-
ers, ultimate consignees, and other entities in the inter-
national supply chain and intermodal transportation sys-
tem are eligible to apply to voluntarily enter into the Im-
port Safety Program. 
(e) VALIDATION.—The Secretary, acting through the 
Commissioner, shall validate the compliance of each par-
ticipant in the Import Safety Program with the require-
ments under this section. Such validation shall, to the ex-
tent practicable, be completed no later than 1 year after 
the applicant is accepted into the Import Safety Program, 
in accordance with a schedule and guidelines that the Sec-
retary, acting through the Commissioner, shall establish. 
(f) REVALIDATION.—The Secretary, acting through 
the Commissioner, shall develop and implement— 
(1) a revalidation process for all participants in 
the Import Safety Program that shall be conducted 
not less frequently than once during each 5-year pe-
riod after the initial validation under subsection (e); 
and 
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(2) an annual plan for revalidation that in-
cludes— 
(A) performance measures; 
(B) an assessment of the personnel needed 
to perform the revalidations; and 
(C) the number of participants that will be 
revalidated during the following year. 
SEC. 305. INFORMATION EXCHANGE PROCESS. 
The Secretary, acting through the Commissioner, 
shall work with importers and other interested persons 
and other entities in the private and public sectors to de-
velop a process through which— 
(1) persons and other entities in the private and 
public sectors can report critical information relating 
to the safety of imported goods in a timely manner 
at one virtual location through existing information- 
sharing systems; and 
(2) the Secretary can share such information 
with private and public entities, consistent with the 
protection of business confidential information. 
SEC. 306. TRAINING. 
The Secretary, acting through the Commissioner, 
shall ensure that U.S. Customs and Border Protection 
personnel receive appropriate training in order to carry 
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