I
104TH CONGRESS
1ST SESSION
H. R. 2802
To impose temporarily a 25-percent duty on imports of certain Canadian
wood and lumber products, to require the administering authority to
initiate an investigation under title VII of the Tariff Act of 1930 with
respect to such products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 18 (legislative day, DECEMBER 15), 1995
Mr. LONGLEY (for himself, Mr. ENGLISH of Pennsylvania, Mrs. CHENOWETH,
Mr. NETHERCUTT, Mr. METCALF, and Mr. COOLEY) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To impose temporarily a 25-percent duty on imports of cer-
tain Canadian wood and lumber products, to require
the administering authority to initiate an investigation
under title VII of the Tariff Act of 1930 with respect
to such products, and for other purposes.
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 ‘‘Emergency Lumber
Act of 1995’’.
SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING
FINAL DETERMINATION.
(a) IN GENERAL.—In addition to any other duty that
may apply, there is imposed a duty of 25 percent ad valo-
rem on wood and lumber products described in subsection
(b).
(b) WOOD AND LUMBER PRODUCTS DESCRIBED.—
Wood and lumber products described in this subsection
are wood or lumber products described in subheading
4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of
the Harmonized Tariff Schedule of the United States that
are imported directly or indirectly from Canada.
(c) APPLICABILITY.—The rate of duty imposed under
subsection (a) shall apply to goods described in subsection
(b) that are entered, or withdrawn from warehouse for
consumption, during the period beginning on the date that
is 15 days after the date of the enactment of this Act and
ending on whichever of the following dates occurs first
with respect to an investigation initiated under section 3:
(1) The date the investigation is suspended pur-
suant to section 3(b)(2).
(2) The date on which a final negative deter-
mination is made by the Commission pursuant to
section 705 of the Tariff Act of 1930.
(3) The date on which an order is issued pursu-
ant to section 706 of such Act.
(d) REFUNDS; COLLECTIONS.—If the amount of the
duty imposed under this section is different from the
amount of the cash deposit, bond, or other security re-
quired for the countervailing duty imposed under a coun-
tervailing duty order issued under section 706 of the Tar-
iff Act of 1930 (19 U.S.C. 1671e) as a result of the inves-
tigation initiated under section 3, such difference shall be
refunded, released, or collected, as the case may be, in ac-
cordance with section 707 of the Tariff Act of 1930 (19
U.S.C. 1671f).
SEC. 3. INITIATION OF INVESTIGATION.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, not later than 30 days after the date of the
enactment of this Act, the administering authority shall
initiate an investigation pursuant to section 702(a) of the
Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to
the importation and sales for importation into the United
States of wood and lumber products described in section
2(b).
(b) APPLICATION OF TITLE VII OF THE TARIFF ACT
OF 1930.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this Act, the provisions of title VII of the
Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall
apply to the countervailing duty investigation initi-
ated under subsection (a).
(2) TERMINATION OR SUSPENSION OF INVES-
TIGATION.—
(A) TERMINATION.—Subsections (a) and
(k) of section 704 of the Tariff Act of 1930 (19
U.S.C. 1671c (a) and (k)) shall not apply to the
investigation initiated pursuant to subsection
(a).
(B) SUSPENSION.—The investigation initi-
ated pursuant to subsection (a) may be sus-
pended pursuant to subsection (b) or (c) of sec-
tion 704 of such Act, if the requirements of
such section 704 and subparagraph (C) are sat-
isfied.
(C) SUSPENSION OF INVESTIGATION PRO-
CEDURE.—The requirements of this subpara-
graph are satisfied if, not less than 30 days be-
fore suspending the investigation, the admin-
istering authority—
(i) notifies the Committee on Finance
of the Senate, the Committee on Ways and
Means of the House of Representatives,
the Commission, and other parties to the
investigation, 
of 
the 
administering
authority’s intention to suspend the inves-
tigation;
(ii) consults with such committees re-
garding such suspension;
(iii) provides to such committees a
copy of the proposed agreement pursuant
to which the investigation is to be sus-
pended, together with an explanation of—
(I) how the agreement will be
carried out and enforced;
(II) how the agreement meets the
requirements of subsections (b), (c),
(d), and (e) of section 704 of the Tar-
iff Act of 1930; and
(III) any action required of Can-
ada; and
(iv) permits all interested parties to
submit comments and information for the
record before the date on which notice of
suspension of the investigation is pub-
lished.
SEC. 4. RENEGOTIATION OF CHAPTER 19 OF NAFTA AND
THE UNITED STATES-CANADA FREE-TRADE
AGREEMENT.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) the President is authorized and directed to
negotiate with the governments of free trade area
countries for the purpose of entering into an agree-
ment to modify the terms of chapter 19 of the
NAFTA and chapter 19 of the United States-Can-
ada Free-Trade Agreement to provide that—
(A) the exclusive review by binational pan-
els shall not apply to antidumping and counter-
vailing duty determinations involving the mer-
chandise of a free trade area country; and
(B) such determinations shall be subject to
judicial review in the same manner as deter-
minations made with respect to countries that
are not free trade area countries;
(2) the negotiations described in paragraph (1)
shall not in any way affect the rights of the United
States or a free trade area country to apply its do-
mestic antidumping and countervailing duty laws to
the imports of another country; and
(3) not later than 150 days after the date of
the enactment of this Act, if an agreement described
in paragraph (1) has been entered into, the Presi-
dent shall submit to the Congress—
(A) a draft implementing bill (as defined in
section 151 of the Trade Act of 1974 (19
U.S.C. 2191)) which contains provisions—
(i) approving the agreement; and
(ii) modifying the provisions of United
States law that are necessary to implement
the agreement; and
(B) a statement of any administrative ac-
tion proposed to implement the agreement.
(b) IMPLEMENTATION OF MODIFICATIONS.—
(1) IN GENERAL.—Any agreement entered into
under subsection (a)(1) shall enter into force with
respect to the United States if (and only if) the im-
plementing bill described in subsection (a)(3)(A) is
enacted into law.
(2) EXTENSION OF FAST TRACK PROCEDURES
TO IMPLEMENTING BILL.—
(A) Section 151(b)(1) of the Trade Act of
1974 (19 U.S.C. 2191(b)(1)) is amended by in-
serting ‘‘section 4 of the Emergency Lumber
Act of 1995,’’ after ‘‘the Omnibus Trade and
Competitiveness Act of 1988,’’.