I
105TH CONGRESS
1ST SESSION
H. R. 1712
To encourage the People’s Republic of China to join the World Trade Organi-
zation by removing China from title IV of the Trade Act of 1974
upon its accession to the World Trade Organization and to provide
a more effective remedy for inadequate trade benefits extended by the
People’s Republic of China to the United States.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mr. BEREUTER (for himself and Mr. EWING) introduced the following bill;
which was referred to the Committee on Ways and Means
A BILL
To encourage the People’s Republic of China to join the
World Trade Organization by removing China from title
IV of the Trade Act of 1974 upon its accession to
the World Trade Organization and to provide a more
effective remedy for inadequate trade benefits extended
by the People’s Republic of China to the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘China Market Access
and Export Opportunities Act of 1997’’.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act—
(1) to authorize the President of the United
States to raise tariffs on imports from the People’s
Republic of China to tariff levels in effect on Decem-
ber 31, 1994, if the President determines, 6 months
after the date of the enactment of this Act, that the
People’s Republic of China is either denying ade-
quate trade benefits to the United States or not tak-
ing steps to become a full member of the World
Trade Organization;
(2) to provide a significant incentive for the
People’s Republic of China to gain admission to the
World Trade Organization by eliminating the annual
review of China’s trade status after it commits to a
commercially acceptable protocol and is admitted to
the World Trade Organization; and
(3) therefore to enhance the ability of the Presi-
dent of the United States to negotiate a commer-
cially acceptable World Trade Organization protocol
with the People’s Republic of China.
SEC. 3. SNAP-BACK MECHANISM.
(a) DETERMINATION WITH RESPECT TO THE PEO-
PLE’S REPUBLIC OF CHINA.—After the enactment of this
Act, the President shall, after consulting with the appro-
priate congressional committees, determine whether or not
the People’s Republic of China is—
(1) according adequate trade benefits to the
United States, including substantially equal competi-
tive opportunities for the commerce of the United
States; and
(2) taking adequate steps or making significant
proposals to become a WTO member.
(b) SUBMISSION OF FINDINGS.—Not later than 180
days after the date of the enactment of this Act, the Presi-
dent shall submit to the appropriate congressional com-
mittees a report setting forth his determinations under
paragraphs (1) and (2) of subsection (a), with a rationale
for each determination.
(c) TARIFF INCREASE.—
(1) IMPOSITION OF INCREASE.—If the Presi-
dent determines either—
(A) under paragraph (1) of subsection (a)
that the People’s Republic of China is not ac-
cording adequate trade benefits to the United
States, or
(B) under paragraph (2) of subsection (a)
that the People’s Republic of China is not tak-
ing adequate steps or making significant pro-
posals to become a WTO member,
then the President shall proclaim, within 180 days
after the date of that determination, an increase in
the rate of duty with respect to 1 or more products
of that country to not more than the column 1 rate
of duty under the Harmonized Tariff Schedule of
the United States that applied to the article or arti-
cles on December 31, 1994.
(2) TERMINATION OF INCREASE.—The Presi-
dent shall terminate any increase in the rate of duty
imposed under paragraph (1) on the earlier of—
(A) the date on which the People’s Repub-
lic of China becomes a WTO member; or
(B) the date on which the President pro-
claims that—
(i) the People’s Republic of China is
according adequate trade benefits to the
United 
States, 
including 
substantially
equal competitive opportunities for the
commerce of the United States; and
(ii) the People’s Republic of China is
taking adequate steps or making signifi-
cant proposals to become a WTO member.
(3) MODIFICATION OF TARIFF.—The President
may modify any increase in the rate of duty imposed
under paragraph (1) if the President notifies the ap-
propriate congressional committees of the modifica-
tion and the reasons therefor, except that—
(A) the modification may not result in a
rate of duty higher than that permitted under
paragraph (1); and
(B) the authority of this paragraph may
not be used to terminate an increase in the rate
of duty imposed under paragraph (1).
SEC. 4. ACCESSION TO THE WORLD TRADE ORGANIZATION.
On the date on which the People’s Republic of China
becomes a WTO member, the provisions of title IV of the
Trade Act of 1974 shall cease to apply to that country,
and nondiscriminatory treatment shall apply to the prod-
ucts of that country.
SEC. 5. DEFINITION.
As used in this Act, the term ‘‘WTO member’’ has
the meaning given that term in section 2(10) of the Uru-
guay Round Agreements Act (19 U.S.C. 3501(10)).
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