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‘‘(23) WTO AGREEMENT.—The term ‘WTO
Agreement’ means the Agreement defined in section
2(9) of the Uruguay Round Agreements Act.
‘‘(24) WTO MEMBER.—The term ‘WTO mem-
ber’ means a state, or separate customs territory
(within the meaning of Article XII of the WTO
Agreement), with respect to which the United States
applies the WTO Agreement.
‘‘(25) TRADE
REPRESENTATIVE.—The term
‘Trade Representative’ means the United States
Trade Representative.
‘‘(26) AFFILIATED
PERSONS.—The following
persons shall be considered to be ‘affiliated’ or ‘af-
filiated persons’:
‘‘(A) Members of a family, including broth-
ers and sisters (whether by the whole or half
blood), spouse, ancestors, and lineal descend-
ants.
‘‘(B) Any officer or director of an organi-
zation and such organization.
‘‘(C) Partners.
‘‘(D) Employer and employee.
‘‘(E) Any person directly or indirectly own-
ing, controlling, or holding with power to vote,
5 percent or more of the outstanding voting
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stock or shares of any organization, and such
organization.
‘‘(F) Two or more persons directly or indi-
rectly controlling, controlled by, or under com-
mon control with, any person.
‘‘(G) Any person who controls any other
person, and such other person.
For purposes of this paragraph, a person shall be
considered to control another person if the person is
legally or operationally in a position to exercise re-
straint or direction over the other person.
‘‘(27) INJURIOUS PRICING.—The term ‘injuri-
ous pricing’ refers to the sale of a vessel at less than
fair value.
‘‘(28) INJURIOUS PRICING MARGIN.—
‘‘(A) IN
GENERAL.—The term ‘injurious
pricing margin’ means the amount by which the
normal value exceeds the export price of the
subject vessel.
‘‘(B) MAGNITUDE
OF
THE
INJURIOUS
PRICING MARGIN.—The magnitude of the inju-
rious pricing margin used by the Commission
shall be—
‘‘(i) in making a preliminary deter-
mination under section 803(a) in an inves-
121
tigation (including any investigation in
which the Commission cumulatively as-
sesses the effect of sales under paragraph
(16)(F)(i)), the injurious pricing margin or
margins published by the administering
authority in its notice of initiation of the
investigation; and
‘‘(ii) in making a final determination
under section 805(b), the injurious pricing
margin or margins most recently published
by the administering authority before the
closing of the Commission’s administrative
record.
‘‘(29) COMMERCIAL
INTEREST
REFERENCE
RATE.—The term ‘Commercial Interest Reference
Rate’ or ‘CIRR’ means an interest rate that the ad-
ministering authority determines to be consistent
with Annex III, and appendices and notes thereto, of
the Understanding on Export Credits for Ships, re-
sulting from negotiations under the auspices of the
Organization for Economic Cooperation, and entered
into on December 21, 1994.
‘‘(30) ANTIDUMPING.—
‘‘(A) WTO MEMBERS.—In the case of a
WTO member, the term ‘antidumping’ refers to
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action taken pursuant to the Agreement on Im-
plementation of Article VI of the General
Agreement on Tariffs and Trade 1994.
‘‘(B) OTHER CASES.—In the case of any
country that is not a WTO member, the term
‘antidumping’ refers to action taken by the
country against the sale of a vessel at less than
fair value that is comparable to action described
in subparagraph (A).
‘‘(31) BROAD MULTIPLE BID.—The term ‘broad
multiple bid’ means a bid in which the proposed
buyer extends an invitation to at least all the pro-
ducers in the industry known by the buyer to be ca-
pable of building the subject vessel.’’.
SEC. 102. ENFORCEMENT OF COUNTERMEASURES.
Part II of title IV of the Tariff Act of 1930 is amend-
ed by adding at the end the following:
‘‘SEC. 
468. 
SHIPBUILDING 
AGREEMENT 
COUNTER-
MEASURES.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, upon receiving from the Secretary of Com-
merce a list of vessels subject to countermeasures under
section 807, the Customs Service shall deny any request
for a permit to lade or unlade passengers, merchandise,
or baggage from or onto those vessels so listed.
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‘‘(b) EXCEPTIONS.—Subsection (a) shall not be ap-
plied to deny a permit for the following:
‘‘(1) To unlade any United States citizen or
permanent legal resident alien from a vessel included
in the list described in subsection (a), or to unlade
any refugee or any alien who would otherwise be eli-
gible to apply for asylum and withholding of depor-
tation under the Immigration and Nationality Act.
‘‘(2) To lade or unlade any crewmember of such
vessel.
‘‘(3) To lade or unlade coal and other fuel sup-
plies (for the operation of the listed vessel), ships’
stores, sea stores, and the legitimate equipment of
such vessel.
‘‘(4) To lade or unlade supplies for the use or
sale on such vessel.
‘‘(5) To lade or unlade such other merchandise,
baggage, or passenger as the Customs Service shall
determine necessary to protect the immediate health,
safety, or welfare of a human being.
‘‘(c) CORRECTION
OF MINISTERIAL
OR CLERICAL
ERRORS.—
‘‘(1) PETITION FOR CORRECTION.—If the mas-
ter of any vessel whose application for a permit to
lade or unlade has been denied under this section be-