II 
109TH CONGRESS 
1ST SESSION H. R. 3283 
IN THE SENATE OF THE UNITED STATES 
JULY 28, 2005 
Received; read twice and referred to the Committee on Finance 
AN ACT 
To enhance resources to enforce United States trade rights. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3283 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Trade 
Rights Enforcement Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) United States producers that believe they 
are injured by subsidized imports from nonmarket 
economy countries have not been able to obtain relief 
through countervailing duty actions because the De-
partment of Commerce has declined to make coun-
tervailing duty determinations for nonmarket econ-
omy countries in part because it lacks explicit legal 
authority to do so; 
(2) explicitly making the countervailing duty 
law under subtitle A of title VII of the Tariff Act 
of 1930 (19 U.S.C. 1671 et seq.) applicable to ac-
tions by nonmarket economy countries would give 
United States producers access to import relief 
measures that directly target government subsidies; 
(3) the Bureau of Customs and Border Protec-
tion of the Department of Homeland Security has 
encountered particular problems in collecting coun-
tervailing and antidumping duties from new shippers 
who default on their bonding obligations; 
(4) this behavior may detract from the ability 
of United States companies to recover from competi-
HR 3283 RFS 
tion found to be unfair under international trade 
laws; 
(5) accordingly, it is appropriate, for a test pe-
riod, to suspend the availability of bonds for new 
shippers and instead require cash deposits; 
(6) more analysis and assessment is needed to 
determine the appropriate policy to respond to this 
and other problems experienced in the collection of 
duties and the impact that policy changes could have 
on legitimate United States trade and United States 
trade obligations; 
(7) given the developments in the ongoing 
World Trade Organization (WTO) negotiations re-
lating to trade remedies, Congress reiterates its re-
solve as expressed in House Concurrent Resolution 
262 (107th Congress), which was overwhelmingly 
approved by the House of Representatives on No-
vember 7, 2001, by a vote of 410 to 4; 
(8) the United States Trade Representative 
should monitor compliance by United States trading 
partners with their trade obligations and systemati-
cally identify areas of noncompliance; 
(9) the United States Trade Representative 
should then aggressively resolve noncompliance
HR 3283 RFS 
through consultations with United States trading 
partners; 
(10) however, should efforts to resolve disputes 
through consultation fail, the United States Trade 
Representative should vigorously pursue United 
States rights through dispute settlement in every 
available forum; 
(11) given the huge growth in trade with the 
People’s Republic of China, its impact on the United 
States economy, and the complaints voiced by many 
United States interests that China is not complying 
with its international trade obligations, the United 
States Trade Representative should place particular 
emphasis on identifying and resolving disputes with 
China that limit United States exports, particularly 
concerning compliance with obligations relating to 
intellectual property rights and enforcement, tariff 
and nontariff barriers, subsidies, technical barriers 
to trade, sanitary and phytosanitary issues, non-
market-based industrial policies, distribution rights, 
and regulatory transparency; 
(12) in addition, the United States Trade Rep-
resentative should place particular emphasis on 
trade barriers imposed by Japan, specifically the 
Japanese trade ban on United States beef without
HR 3283 RFS 
scientific justification, the Japanese sanitary and 
phytosanitary restrictions on United States agricul-
tural products, Japanese policies on pharmaceutical 
and medical device reference pricing, insurance 
cross-subsidization, and privatization in a variety of 
sectors that discriminate against United States com-
panies; 
(13) the fixed exchange rate that the People’s 
Republic of China has maintained until recently has 
been a substantial distortion to world markets, 
blocking the price mechanism, impeding adjustment 
of international imbalances, and serving as a source 
of large and increasing risk to the Chinese economy; 
(14) such behavior has effectively prevented 
market forces from operating efficiently in the Peo-
ple’s Republic of China, distorting world trade; 
(15) in a welcome move, the People’s Republic 
of China has now begun to move to a more flexible 
exchange rate, and it should continue to so move to 
a market-based exchange rate as soon as possible; 
(16) in light of this recent positive development, 
the Secretary of Treasury should provide to Con-
gress a periodic assessment of the mechanism adopt-
ed by the Chinese Government to relate its currency 
to a basket of foreign currencies and the degree to
HR 3283 RFS 
which the application of this mechanism moves the 
currency closer to a market-based representation of 
its value; 
(17) in addition, Japan’s policy of intervening 
to influence the value of its currency and its prolific 
barriers to trade create distortions that disadvantage 
United States exporters; 
(18) this adverse impact is magnified by Ja-
pan’s role in the global marketplace, combined with 
its chronic surplus, weak economy, deflationary 
economy, low growth rate, and lack of consumer 
spending; and 
(19) accordingly, the United States Trade Rep-
resentative should have additional resources in the 
Office of the General Counsel, the Office of Moni-
toring and Enforcement, the Office of China Affairs, 
and the Office of Japan, Korea, and APEC Affairs 
to address a variety of needs that will best enable 
United States companies, farmers, and workers to 
benefits from the trade agreements to which the 
United States has around the world. 
SEC. 3. APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET ECONOMY COUNTRIES. 
(a) AMENDMENTS.—