H. R. 5110
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To approve and implement the trade agreements concluded in the Uruguay Round
of multilateral trade negotiations.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Uruguay
Round Agreements Act’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
URUGUAY ROUND AGREEMENTS
Subtitle A—Approval of Agreements and Related Provisions
Sec. 101. Approval and entry into force of the Uruguay Round Agreements.
Sec. 102. Relationship of the agreements to United States law and State law.
Sec. 103. Implementing actions in anticipation of entry into force; regulations.
Subtitle B—Tariff Modifications
Sec. 111. Tariff modifications.
Sec. 112. Implementation of Schedule XX provisions on ship repairs.
Sec. 113. Liquidation or reliquidation and refund of duty paid on certain entries.
Sec. 114. Modifications to the HTS.
Sec. 115. Consultation and layover requirements for, and effective date of, pro-
claimed actions.
Sec. 116. Effective date.
Subtitle C—Uruguay Round Implementation and Dispute Settlement
Sec. 121. Definitions.
Sec. 122. Implementation of Uruguay Round Agreements.
Sec. 123. Dispute settlement panels and procedures.
Sec. 124. Annual report on the WTO.
Sec. 125. Review of participation in the WTO.
Sec. 126. Increased transparency.
Sec. 127. Access to the WTO dispute settlement process.
Sec. 128. Advisory committee participation.
Sec. 129. Administrative action following WTO panel reports.
Sec. 130. Effective date.
Subtitle D—Related Provisions
Sec. 131. Working party on worker rights.
Sec. 132. Implementation of rules of origin work program.
Sec. 133. Membership in WTO of boycotting countries.
Sec. 134. Africa trade and development policy.
Sec. 135. Objectives for extended negotiations.
Sec. 136. Repeal of tax on imported perfumes; drawback of tax on distilled spirits
used in perfume manufacture.
Sec. 137. Certain nonrubber footwear.
Sec. 138. Effective date.
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TITLE II—ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS
Sec. 201. Reference.
Subtitle A—General Provisions
Sec. 211. Action with respect to petitions.
Sec. 212. Petition and preliminary determination.
Sec. 213. De minimis dumping margin.
Sec. 214. Critical circumstances.
Sec. 215. Provisional measures.
Sec. 216. Conditions on acceptance of suspension agreements.
Sec. 217. Termination of investigation.
Sec. 218. Special rules for regional industries.
Sec. 219. Determination of weighted average dumping margin.
Sec. 220. Review of determinations.
Sec. 221. Review determinations.
Sec. 222. Definitions.
Sec. 223. Export price and constructed export price.
Sec. 224. Normal value.
Sec. 225. Currency conversion.
Sec. 226. Proprietary and nonproprietary information.
Sec. 227. Opportunity for comment by consumers and industrial users.
Sec. 228. Public notice and explanation of determinations.
Sec. 229. Sampling and averaging; determination of weighted average dumping
margin.
Sec. 230. Anticircumvention.
Sec. 231. Evidence.
Sec. 232. Antidumping petitions by third countries.
Sec. 233. Conforming amendments.
Sec. 234. Application to Canada and Mexico.
Subtitle B—Subsidies Provisions
PART 1—COUNTERVAILABLE SUBSIDIES
Sec. 251. Countervailable subsidy.
PART 2—REPEAL OF SECTION 303 AND CONFORMING AMENDMENTS
Sec. 261. Repeal of section 303.
Sec. 262. Imposition of countervailing duties.
Sec. 263. De minimis countervailable subsidy.
Sec. 264. Determination of countervailable subsidy rate.
Sec. 265. Assessment of countervailing duty.
Sec. 266. Nature of countervailable subsidy.
Sec. 267. Definition of developing and least-developed country.
Sec. 268. Upstream subsidies.
Sec. 269. Sampling and averaging; determination of countervailable subsidy rate.
Sec. 270. Conforming amendments.
PART 3—SECTION 303 INJURY INVESTIGATIONS
Sec. 271. Special rules for injury investigations for certain section 303 countervail-
ing duty orders and investigations.
PART 4—ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE SUBSIDIES
AGREEMENT
Sec. 281. Subsidies enforcement.
Sec. 282. Review of subsidies agreement.
Sec. 283. Amendments to title VII of the Tariff Act of 1930.
Subtitle C—Effective Date
Sec. 291. Effective date.
TITLE III—ADDITIONAL IMPLEMENTATION OF AGREEMENTS
Subtitle A—Safeguards
Sec. 301. Investigations, determinations, and recommendations by International
Trade Commission.
Sec. 302. Action by President after determination of import injury.
Sec. 303. Miscellaneous amendments.
Sec. 304. Effective date.
Subtitle B—Foreign Trade Barriers and Unfair Trade Practices
Sec. 311. Identification of foreign anticompetitive practices.
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Sec. 312. Consultation with committees.
Sec. 313. Identification of countries that deny protection of intellectual property
rights.
Sec. 314. Amendments to title III of the Trade Act of 1974.
Sec. 315. Objectives in intellectual property.
Sec. 316. Effective date.
Subtitle C—Unfair Practices in Import Trade
Sec. 321. Unfair practices in import trade.
Sec. 322. Effective date.
Subtitle D—Textiles
Sec. 331. Textile product integration.
Sec. 332. Amendment to section 204 of the Agricultural Act of 1956.
Sec. 333. Textile transshipments.
Sec. 334. Rules of origin for textile and apparel products.
Sec. 335. Effective date.
Subtitle E—Government Procurement
Sec. 341. Monitoring and enforcement of the agreement on government procure-
ment.
Sec. 342. Conforming amendments.
Sec. 343. Reciprocal competitive procurement practices.
Sec. 344. Effective date.
Subtitle F—Technical Barriers to Trade
Sec. 351. Technical barriers to trade.
Sec. 352. Effective date.
TITLE IV—AGRICULTURE-RELATED PROVISIONS
Subtitle A—Agriculture
PART I—MARKET ACCESS
Sec. 401. Section 22 amendments.
Sec. 402. Cheese and chocolate crumb imports.
Sec. 403. Meat Import Act.
Sec. 404. Administration of tariff-rate quotas.
Sec. 405. Special agricultural safeguard authority.
PART II—EXPORTS
Sec. 411. Export programs.
Sec. 412. Other conforming amendments.
PART III—OTHER PROVISIONS
Sec. 421. Authority for certain actions under Article XXVIII.
Sec. 422. Tobacco imports.
Sec. 423. Tobacco proclamation authority.
Sec. 424. Report to Congress on access to Canadian dairy and poultry markets.
Sec. 425. Study of milk marketing order system.
Sec. 426. Additional program funding.
Subtitle B—Sanitary and Phytosanitary Measures
Sec. 431. Sanitary and phytosanitary measures.
Sec. 432. International standard-setting activities.
Subtitle C—Standards
Sec. 441. The Federal Seed Act.
Subtitle D—General Effective Date
Sec. 451. General effective date.
TITLE V—INTELLECTUAL PROPERTY
Sec. 501. Definition.
Subtitle A—Copyright Provisions
Sec. 511. Rental rights in computer programs.
Sec. 512. Civil penalties for unauthorized fixation of and trafficking in sound re-
cordings and music videos of live musical performances.
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Sec. 513. Criminal penalties for unauthorized fixation of and trafficking in sound
recordings and music videos or live musical performances.
Sec. 514. Restored works.
Subtitle B—Trademark Provisions
Sec. 521. Definition of ‘‘abandoned’’.
Sec. 522. Nonregistrability of misleading geographic indications for wines and
spirits.
Sec. 523. Effective date.
Subtitle C—Patent Provisions
Sec. 531. Treatment of inventive activity.
Sec. 532. Patent term and internal priority.
Sec. 533. Patent rights.
Sec. 534. Effective dates and application.
TITLE VI—RELATED PROVISIONS
Subtitle A—Expiring Provisions
Sec. 601. Generalized System of Preferences.
Sec. 602. U.S. insular possessions.
Subtitle B—Certain Customs Provisions
Sec. 611. Reimbursements from customs user fee account.
Sec. 612. Merchandise processing fees.
Subtitle C—Conforming Amendments
Sec. 621. Conforming amendments.
TITLE VII—REVENUE PROVISIONS
Sec. 700. Amendment of 1986 Code and table of contents.
Subtitle A—Withholding Tax Provisions
Sec. 701. Withholding on distributions of Indian casino profits to tribal members.
Sec. 702. Voluntary withholding on certain Federal payments and on unemploy-
ment compensation.
Subtitle B—Provisions Relating to Estimated Taxes and Payments and Deposits of
Taxes
Sec. 711. Treatment of subpart F and section 936 income of taxpayers using
annualized method for estimated tax.
Sec. 712. Time for payments and deposits of certain taxes.
Sec. 713. Reduction in rate of interest paid on certain corporate overpayments.
Subtitle C—Earned Income Tax Credit
Sec. 721. Extension of earned income tax credit to military personnel stationed out-
side the United States.
Sec. 722. Certain nonresident aliens ineligible for earned income tax credit.
Sec. 723. Income of prisoners disregarded in determining earned income tax credit.
Subtitle D—Provisions Relating To Retirement Benefits
Sec. 731. Treatment of excess pension assets used for retiree health benefits.
Sec. 732. Rounding rules for cost-of-living adjustments.
Sec. 733. Increase in inclusion of social security benefits paid to nonresidents.
Subtitle E—Other Provisions
Sec. 741. Partnership distributions of marketable securities.
Sec. 742. Taxpayer identification numbers required at birth.
Sec. 743. Extension of Internal Revenue Service user fees.
Sec. 744. Modification of substantial understatement penalty for corporations par-
ticipating in tax shelters.
Sec. 745. Modification of authority to set terms and conditions for savings bonds.
Subtitle F—Pension Plan Funding and Premiums
Sec. 750. Short title.
PART I—PENSION PLAN FUNDING
SUBPART A—AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 751. Minimum funding requirements.
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Sec. 752. Limitation on changes in current liability assumptions.
Sec. 753. Anticipation of bargained benefit increases.
Sec. 754. Modification of quarterly contribution requirement.
Sec. 755. Exceptions to excise tax on nondeductible contributions.
SUBPART B—AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974
Sec. 761. Minimum funding requirements.
Sec. 762. Limitation on changes in current liability assumptions.
Sec. 763. Anticipation of bargained benefit increases.
Sec. 764. Modification of quarterly contribution requirement.
SUBPART C—OTHER FUNDING PROVISIONS
Sec. 766. Prohibition on benefit increases where plan sponsor is in bankruptcy.
Sec. 767. Single sum distributions.
Sec. 768. Adjustments to lien for missed minimum funding contributions.
Sec. 769. Special funding rules for certain plans.
PART II—AMENDMENTS RELATED TO TITLE IV OF THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974
Sec. 771. Reportable events.
Sec. 772. Certain information required to be furnished to PBGC.
Sec. 773. Enforcement of minimum funding requirements.
Sec. 774. Computation of additional PBGC premium.
Sec. 775. Disclosure to participants.
Sec. 776. Missing participants.
Sec. 777. Modification of maximum guarantee for disability benefits.
Sec. 778. Procedures to facilitate distribution of termination benefits.
PART III—EFFECTIVE DATES
Sec. 781. Effective dates.
TITLE VIII—PIONEER PREFERENCES
Sec. 801. Pioneer preferences.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) GATT 1947; GATT 1994.—
(A) GATT 1947.—The term ‘‘GATT 1947’’ means the
General Agreement on Tariffs and Trade, dated October
30, 1947, annexed to the Final Act Adopted at the Conclu-
sion of the Second Session of the Preparatory Committee
of the United Nations Conference on Trade and Employ-
ment, as subsequently rectified, amended, or modified by
the terms of legal instruments which have entered into
force before the date of entry into force of the WTO
Agreement.
(B) GATT 1994.—The term ‘‘GATT 1994’’ means the
General Agreement on Tariffs and Trade annexed to the
WTO Agreement.
(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff
Schedule of the United States.
(3) INTERNATIONAL TRADE COMMISSION.—The term ‘‘Inter-
national Trade Commission’’ means the United States Inter-
national Trade Commission.
(4) MULTILATERAL TRADE AGREEMENT.—The term ‘‘multilat-
eral trade agreement’’ means an agreement described in section
101(d) of this Act (other than an agreement described in para-
graph (17) or (18) of such section).
(5) SCHEDULE XX.—The term ‘‘Schedule XX’’ means Sched-
ule XX—United States of America annexed to the Marrakesh
Protocol to the GATT 1994.
(6) TRADE REPRESENTATIVE.—The term ‘‘Trade Representa-
tive’’ means the United States Trade Representative.
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(7) URUGUAY
ROUND
AGREEMENTS.—The term ‘‘Uruguay
Round Agreements’’ means the agreements approved by the
Congress under section 101(a)(1).
(8) WORLD
TRADE
ORGANIZATION
AND
WTO.—The terms
‘‘World Trade Organization’’ and ‘‘WTO’’ mean the organization
established pursuant to the WTO Agreement.
(9) WTO AGREEMENT.—The term ‘‘WTO Agreement’’ means
the Agreement Establishing the World Trade Organization
entered into on April 15, 1994.
(10) WTO MEMBER AND WTO MEMBER COUNTRY.—The terms
‘‘WTO member’’ and ‘‘WTO member country’’ mean 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.
TITLE I—APPROVAL OF, AND GENERAL
PROVISIONS RELATING TO, THE URU-
GUAY ROUND AGREEMENTS
Subtitle A—Approval of Agreements and
Related Provisions
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE URUGUAY
ROUND AGREEMENTS.
(a) APPROVAL OF AGREEMENTS AND STATEMENT OF ADMINISTRA-
TIVE ACTION.—Pursuant to section 1103 of the Omnibus Trade
and Competitiveness Act of 1988 (19 U.S.C. 2903) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress
approves—
(1) the trade agreements described in subsection (d) result-
ing from the Uruguay Round of multilateral trade negotiations
under the auspices of the General Agreement on Tariffs and
Trade, entered into on April 15, 1994, and submitted to the
Congress on September 27, 1994; and
(2) the statement of administrative action proposed to
implement the agreements that was submitted to the Congress
on September 27, 1994.
(b) ENTRY INTO FORCE.—At such time as the President deter-
mines that a sufficient number of foreign countries are accepting
the obligations of the Uruguay Round Agreements, in accordance
with article XIV of the WTO Agreement, to ensure the effective
operation of, and adequate benefits for the United States under,
those Agreements, the President may accept the Uruguay Round
Agreements and implement article VIII of the WTO Agreement.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated annually such sums as may be necessary for
the payment by the United States of its share of the expenses
of the WTO.
(d) TRADE AGREEMENTS TO WHICH THIS ACT APPLIES.—Sub-
section (a) applies to the WTO Agreement and to the following
agreements annexed to that Agreement:
(1) The General Agreement on Tariffs and Trade 1994.
(2) The Agreement on Agriculture.
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(3) The Agreement on the Application of Sanitary and
Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to Trade.
(6) The Agreement on Trade-Related Investment Measures.
(7) The Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade 1994.
(8) The Agreement on Implementation of Article VII of
the General Agreement on Tariffs and Trade 1994.
(9) The Agreement on Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing Procedures.
(12) The Agreement on Subsidies and Countervailing
Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in Services.
(15) The Agreement on Trade-Related Aspects of Intellec-
tual Property Rights.
(16) The Understanding on Rules and Procedures Govern-
ing the Settlement of Disputes.
(17) The Agreement on Government Procurement.
(18) The International Bovine Meat Agreement.
SEC. 102. RELATIONSHIP OF THE AGREEMENTS TO UNITED STATES
LAW AND STATE LAW.
(a) RELATIONSHIP OF AGREEMENTS TO UNITED STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provi-
sion of any of the Uruguay Round Agreements, nor the applica-
tion of any such provision to any person or circumstance, that
is inconsistent with any law of the United States shall have
effect.
(2) 
CONSTRUCTION.—Nothing 
in 
this 
Act 
shall 
be
construed—
(A) to amend or modify any law of the United States,
including any law relating to—
(i) the protection of human, animal, or plant life
or health,
(ii) the protection of the environment, or
(iii) worker safety, or
(B) to limit any authority conferred under any law
of the United States, including section 301 of the Trade
Act of 1974,
unless specifically provided for in this Act.
(b) RELATIONSHIP OF AGREEMENTS TO STATE LAW.—
(1) FEDERAL-STATE CONSULTATION.—
(A) IN GENERAL.—Upon the enactment of this Act, the
President shall, through the intergovernmental policy
advisory committees on trade established under section
306(c)(2)(A) of the Trade and Tariff Act of 1984 (19 U.S.C.
2114c(2)(A)), consult with the States for the purpose of
achieving conformity of State laws and practices with the
Uruguay Round Agreements.
(B) 
FEDERAL-STATE
CONSULTATION
PROCESS.—The
Trade Representative shall establish within the Office of
the United States Trade Representative a Federal-State
consultation process for addressing issues relating to the
Uruguay Round Agreements that directly relate to, or will
H. R. 5110—8
potentially have a direct effect on, the States. The Federal-
State consultation process shall include procedures under
which—
(i) the States will be informed on a continuing
basis of matters under the Uruguay Round Agreements
that directly relate to, or will potentially have a direct
impact on, the States;
(ii) the States will be provided an opportunity to
submit, on a continuing basis, to the Trade Representa-
tive information and advice with respect to matters
referred to in clause (i); and
(iii) the Trade Representative will take into
account the information and advice received from the
States under clause (ii) when formulating United
States positions regarding matters referred to in clause
(i).
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Federal-State consultation process estab-
lished by this paragraph.
(C) FEDERAL-STATE
COOPERATION
IN
WTO
DISPUTE
SETTLEMENT.—
(i) When a WTO member requests consultations
with the United States under Article 4 of the Under-
standing on Rules and Procedures Governing the
Settlement of Disputes referred to in section 101(d)(16)
(hereafter in this subsection referred to as the ‘‘Dispute
Settlement Understanding’’) concerning whether the
law of a State is inconsistent with the obligations
undertaken by the United States in any of the Uruguay
Round Agreements, the Trade Representative shall
notify the Governor of the State or the Governor’s
designee, and the chief legal officer of the jurisdiction
whose law is the subject of the consultations, as soon
as possible after the request is received, but in no
event later than 7 days thereafter.
(ii) Not later than 30 days after receiving such
a request for consultations, the Trade Representative
shall consult with representatives of the State con-
cerned regarding the matter. If the consultations
involve the laws of a large number of States, the Trade
Representative may consult with an appropriate group
of representatives of the States concerned, as deter-
mined by those States.
(iii) The Trade Representative shall make every
effort to ensure that the State concerned is involved
in the development of the position of the United States
at each stage of the consultations and each subsequent
stage of dispute settlement proceedings regarding the
matter. In particular, the Trade Representative shall—
(I) notify the State concerned not later than
7 days after a WTO member requests the establish-
ment of a dispute settlement panel or gives notice
of the WTO member’s decision to appeal a report
by a dispute settlement panel regarding the mat-
ter; and
(II) provide the State concerned with the
opportunity to advise and assist the Trade Rep-
H. R. 5110—9
resentative in the preparation of factual informa-
tion and argumentation for any written or oral
presentations by the United States in consultations
or in proceedings of a panel or the Appellate Body
regarding the matter.
(iv) If a dispute settlement panel or the Appellate
Body finds that the law of a State is inconsistent
with any of the Uruguay Round Agreements, the Trade
Representative shall consult with the State concerned
in an effort to develop a mutually agreeable response
to the report of the panel or the Appellate Body and
shall make every effort to ensure that the State con-
cerned is involved in the development of the United
States position regarding the response.
(D) NOTICE TO STATES REGARDING CONSULTATIONS ON
FOREIGN SUBCENTRAL GOVERNMENT LAWS.—
(i) Subject to clause (ii), the Trade Representative
shall, at least 30 days before making a request for
consultations under Article 4 of the Dispute Settlement
Understanding regarding a subcentral government
measure of another WTO member, notify, and solicit
the views of, appropriate representatives of each State
regarding the matter.
(ii) In exigent circumstances clause (i) shall not
apply, in which case the Trade Representative shall
notify the appropriate representatives of each State
not later than 3 days after making the request for
consultations referred to in clause (i).
(2) LEGAL CHALLENGE.—
(A) IN GENERAL.—No State law, or the application of
such a State law, may be declared invalid as to any person
or circumstance on the ground that the provision or applica-
tion is inconsistent with any of the Uruguay Round Agree-
ments, except in an action brought by the United States
for the purpose of declaring such law or application invalid.
(B) PROCEDURES
GOVERNING
ACTION.—In any action
described in subparagraph (A) that is brought by the United
States against a State or any subdivision thereof—
(i) a report of a dispute settlement panel or the
Appellate Body convened under the Dispute Settlement
Understanding regarding the State law, or the law
of any political subdivision thereof, shall not be consid-
ered as binding or otherwise accorded deference;
(ii) the United States shall have the burden of
proving that the law that is the subject of the action,
or the application of that law, is inconsistent with
the agreement in question;
(iii) any State whose interests may be impaired
or impeded in the action shall have the unconditional
right to intervene in the action as a party, and the
United States shall be entitled to amend its complaint
to include a claim or cross-claim concerning the law
of a State that so intervenes; and
(iv) any State law that is declared invalid shall
not be deemed to have been invalid in its application
during any period before the court’s judgment becomes
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final and all timely appeals, including discretionary
review, of such judgment are exhausted.
(C) REPORTS TO CONGRESSIONAL COMMITTEES.—At least
30 days before the United States brings an action described
in subparagraph (A), the Trade Representative shall pro-
vide a report to the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate—
(i) describing the proposed action;
(ii) describing efforts by the Trade Representative
to resolve the matter with the State concerned by
other means; and
(iii) if the State law was the subject of consulta-
tions under the Dispute Settlement Understanding,
certifying that the Trade Representative has substan-
tially complied with the requirements of paragraph
(1)(C) in connection with the matter.
Following the submission of the report, and before the action
is brought, the Trade Representative shall consult with the
committees referred to in the preceding sentence concerning
the matter.
(3) DEFINITION
OF
STATE
LAW.—For purposes of this
subsection—
(A) the term ‘‘State law’’ includes—
(i) any law of a political subdivision of a State;
and
(ii) any State law regulating or taxing the business
of insurance; and
(B) the terms ‘‘dispute settlement panel’’ and ‘‘Appel-
late Body’’ have the meanings given those terms in section
121.
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES.—
(1) LIMITATIONS.—No person other than the United
States—
(A) shall have any cause of action or defense under
any of the Uruguay Round Agreements or by virtue of
congressional approval of such an agreement, or
(B) may challenge, in any action brought under any
provision of law, any action or inaction by any department,
agency, or other instrumentality of the United States, any
State, or any political subdivision of a State on the ground
that such action or inaction is inconsistent with such
agreement.
(2) INTENT OF CONGRESS.—It is the intention of the Con-
gress through paragraph (1) to occupy the field with respect
to any cause of action or defense under or in connection with
any of the Uruguay Round Agreements, including by precluding
any person other than the United States from bringing any
action against any State or political subdivision thereof or
raising any defense to the application of State law under or
in connection with any of the Uruguay Round Agreements—
(A) on the basis of a judgment obtained by the United
States in an action brought under any such agreement;
or
(B) on any other basis.
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(d) STATEMENT
OF ADMINISTRATIVE ACTION.—The statement
of administrative action approved by the Congress under section
101(a) shall be regarded as an authoritative expression by the
United States concerning the interpretation and application of the
Uruguay Round Agreements and this Act in any judicial proceeding
in which a question arises concerning such interpretation or
application.
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE; REGULATIONS.
(a) IMPLEMENTING ACTIONS.—After the date of the enactment
of this Act—
(1) the President may proclaim such actions, and
(2) other appropriate officers of the United States Govern-
ment may issue such regulations,
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the date
any of the Uruguay Round Agreements enters into force with
respect to the United States is appropriately implemented on such
date. Such proclamation or regulation may not have an effective
date earlier than the date of entry into force with respect to the
United States of the agreement to which the proclamation or regula-
tion relates.
(b) REGULATIONS.—Any interim regulation necessary or appro-
priate to carry out any action proposed in the statement of adminis-
trative action approved under section 101(a) to implement an
agreement described in section 101(d) (7), (12), or (13) shall be
issued not later than 1 year after the date on which the agreement
enters into force with respect to the United States.
Subtitle B—Tariff Modifications
SEC. 111. TARIFF MODIFICATIONS.
(a) IN GENERAL.—In addition to the authority provided by
section 1102 of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 2902), the President shall have the authority to
proclaim—
(1) such other modification of any duty,
(2) such other staged rate reduction, or
(3) such additional duties,
as the President determines to be necessary or appropriate to
carry out Schedule XX.
(b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation
and layover requirements of section 115, the President may
proclaim—
(1) the modification of any duty or staged rate reduction
of any duty set forth in Schedule XX if—
(A) the United States agrees to such modification or
staged rate reduction in a multilateral negotiation under
the auspices of the WTO, and
(B) such modification or staged rate reduction applies
to the rate of duty on an article contained in a tariff
category that was the subject of reciprocal duty elimination
or harmonization negotiations during the Uruguay Round
of multilateral trade negotiations, and
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(2) such modifications as are necessary to correct technical
errors in Schedule XX or to make other rectifications to the
Schedule.
(c) AUTHORITY TO INCREASE DUTIES ON ARTICLES FROM CER-
TAIN COUNTRIES.—
(1) IN GENERAL.—
(A) DETERMINATION WITH RESPECT TO CERTAIN COUN-
TRIES.—Notwithstanding section 251 of the Trade Expan-
sion Act of 1962 (19 U.S.C. 1881), after the entry into
force of the WTO Agreement with respect to the United
States, if the President—
(i) determines that a foreign country (other than
a foreign country that is a WTO member country)
is not according adequate trade benefits to the United
States, including substantially equal competitive
opportunities for the commerce of the United States,
and
(ii) consults with the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate,
the President may proclaim an increase in the rate of
duty with respect to any article of such country in accord-
ance with subparagraph (B).
(B) RATE OF DUTY DESCRIBED.—The President may pro-
claim a rate of duty on any article of a country identified
under subparagraph (A) that is equal to the greater of—
(i) the rate of duty set forth for such article in
the base rate of duty column of Schedule XX, or
(ii) the rate of duty set forth for such article in
the bound rate of duty column of Schedule XX.
(2) TERMINATION
OF
INCREASED
DUTIES.—The President
shall terminate any increase in the rate of duty proclaimed
under this subsection by a proclamation which shall be effective
on the earlier of—
(A) the date set out in such proclamation of termi-
nation, or
(B) the date the WTO Agreement enters into force
with respect to the foreign country with respect to which
the determination under paragraph (1) was made.
(3) PUBLICATION OF DETERMINATION AND TERMINATION.—
The President shall publish in the Federal Register notice
of a determination made under paragraph (1) and a termination
occurring by reason of paragraph (2).
(d) ADJUSTMENTS TO CERTAIN COLUMN 2 RATES OF DUTY.—
At such time as the President proclaims any modification to the
HTS to implement the provisions of Schedule XX, the President
shall also proclaim the rate of duty set forth in Column B as
the column 2 rate of duty for the subheading of the HTS that
corresponds to the subheading in Schedule XX listed in Column
A.
Column A
Column B
Schedule XX subheading:
Rate of duty for column 2 of the
HTS:
0201.10.50 ...............................................................
31.1%
0201.20.80 ...............................................................
31.1%
0201.30.80 ...............................................................
31.1%
H. R. 5110—13
0202.10.50 ...............................................................
31.1%
0202.20.80 ...............................................................
31.1%
0202.30.80 ...............................................................
31.1%
0401.30.25 ...............................................................
90.8¢/liter
0401.30.75 ...............................................................
$1.936/kg
0402.10.50 ...............................................................
$1.018/kg
0402.21.25 ...............................................................
$1.018/kg
0402.21.50 ...............................................................
$1.285/kg
0402.21.90 ...............................................................
$1.831/kg
0402.29.50 ...............................................................
$1.299/kg + 17.5%
0402.91.60 ...............................................................
36.8¢/kg
0402.99.50 ...............................................................
58.4¢/kg
0402.99.90 ...............................................................
54.5¢/kg + 17.5%
0403.10.50 ...............................................................
$1.217/kg + 20%
0403.90.16 ...............................................................
90.8¢/liter
0403.90.45 ...............................................................
$1.03/kg
0403.90.55 ...............................................................
$1.285/kg
0403.90.65 ...............................................................
$1.831/kg
0403.90.78 ...............................................................
$1.936/kg
0403.90.95 ...............................................................
$1.217/kg + 20%
0404.10.11 ...............................................................
20%
0404.10.15 ...............................................................
$1.217/kg + 10%
0404.10.90 ...............................................................
$1.03/kg
0404.90.30 ...............................................................
25%
0404.90.50 ...............................................................
$1.399/kg + 10%
0405.00.40 ...............................................................
$1.813/kg
0405.00.90 ...............................................................
$2.194/kg + 10%
0406.10.08 ...............................................................
$1.775/kg
0406.10.18 ...............................................................
$2.67/kg
0406.10.28 ...............................................................
$1.443/kg
0406.10.38 ...............................................................
$1.241/kg
0406.10.48 ...............................................................
$2.121/kg
0406.10.58 ...............................................................
$2.525/kg
0406.10.68 ...............................................................
$1.631/kg
0406.10.78 ...............................................................
$1.328/kg
0406.10.88 ...............................................................
$1.775/kg
0406.20.28 ...............................................................
$2.67/kg
0406.20.33 ...............................................................
$1.443/kg
0406.20.39 ...............................................................
$1.241/kg
0406.20.48 ...............................................................
$2.121/kg
0406.20.53 ...............................................................
$2.525/kg
0406.20.63 ...............................................................
$2.67/kg
0406.20.67 ...............................................................
$1.443/kg
0406.20.71 ...............................................................
$1.241/kg
0406.20.75 ...............................................................
$2.121/kg
0406.20.79 ...............................................................
$2.525/kg
0406.20.83 ...............................................................
$1.631/kg
0406.20.87 ...............................................................
$1.328/kg
0406.20.91 ...............................................................
$1.775/kg
0406.30.18 ...............................................................
$2.67/kg
0406.30.28 ...............................................................
$1.443/kg
0406.30.38 ...............................................................
$1.241/kg
0406.30.48 ...............................................................
$2.121/kg
0406.30.53 ...............................................................
$1.631/kg
0406.30.63 ...............................................................
$2.67/kg
0406.30.67 ...............................................................
$1.443/kg
0406.30.71 ...............................................................
$1.241/kg
0406.30.75 ...............................................................
$2.121/kg
H. R. 5110—14
0406.30.79 ...............................................................
$2.525/kg
0406.30.83 ...............................................................
$1.631/kg
0406.30.87 ...............................................................
$1.328/kg
0406.30.91 ...............................................................
$1.775/kg
0406.40.70 ...............................................................
$2.67/kg
0406.90.12 ...............................................................
$1.443/kg
0406.90.18 ...............................................................
$2.121/kg
0406.90.33 ...............................................................
$2.525/kg
0406.90.38 ...............................................................
$2.525/kg
0406.90.43 ...............................................................
$2.525/kg
0406.90.48 ...............................................................
$2.208/kg
0406.90.64 ...............................................................
$1.241/kg
0406.90.68 ...............................................................
$2.525/kg
0406.90.74 ...............................................................
$2.67/kg
0406.90.78 ...............................................................
$1.443/kg
0406.90.84 ...............................................................
$1.241/kg
0406.90.88 ...............................................................
$2.121/kg
0406.90.92 ...............................................................
$1.631/kg
0406.90.94 ...............................................................
$1.328/kg
0406.90.97 ...............................................................
$1.775/kg
1202.10.80 ...............................................................
192.7%
1202.20.80 ...............................................................
155%
1517.90.60 ...............................................................
40.2¢/kg
1701.11.50 ...............................................................
39.85¢/kg
1701.12.10 ...............................................................
6.58170¢/kg less 0.0622005¢/kg for
each degree under 100 degrees
(and fractions of a degree in pro-
portion) 
but 
not 
less 
than
5.031562¢/kg
1701.12.50 ...............................................................
42.05¢/kg
1701.91.10 ...............................................................
6.58170¢/kg less 0.0622005¢/kg for
each degree under 100 degrees
(and fractions of a degree in pro-
portion) 
but 
not 
less 
than
5.031562¢/kg
1701.91.30 ...............................................................
42.05¢/kg
1701.91.48 ...............................................................
39.9¢/kg + 6%
1701.91.58 ...............................................................
39.9¢/kg + 6%
1701.99.10 ...............................................................
6.58170¢/kg less 0.0622005¢/kg for
each degree under 100 degrees
(and fractions of a degree in pro-
portion) 
but 
not 
less 
than
5.031562¢/kg
1701.99.50 ...............................................................
42.05¢/kg
1702.20.28 ...............................................................
19.9¢/kg of total sugars + 6%
1702.30.28 ...............................................................
19.9¢/kg of total sugars + 6%
1702.40.28 ...............................................................
39.9¢/kg of total sugars + 6%
1702.60.28 ...............................................................
39.9¢/kg of total sugars + 6%
1702.90.10 ...............................................................
6.58170¢/kg of total sugars
1702.90.20 ...............................................................
42.05¢/kg
1702.90.58 ...............................................................
39.9¢/kg of total sugars + 6%
1702.90.68 ...............................................................
39.9¢/kg + 6%
1704.90.58 ...............................................................
47.4¢/kg + 12.2%
1704.90.68 ...............................................................
47.4¢/kg + 12.2%
1704.90.78 ...............................................................
47.4¢/kg + 12.2%
1806.10.15 ...............................................................
25.5¢/kg
1806.10.28 ...............................................................
39.5¢/kg
1806.10.38 ...............................................................
39.5¢/kg
H. R. 5110—15
1806.10.55 ...............................................................
39.5¢/kg
1806.10.75 ...............................................................
39.5¢/kg
1806.20.26 ...............................................................
43.8¢/kg + 5%
1806.20.28 ...............................................................
62.1¢/kg + 5%
1806.20.36 ...............................................................
43.8¢/kg + 5%
1806.20.38 ...............................................................
62.1¢/kg + 5%
1806.20.73 ...............................................................
35.9¢/kg + 10%
1806.20.77 ...............................................................
35.9¢/kg + 10%
1806.20.82 ...............................................................
43.8¢/kg + 10%
1806.20.83 ...............................................................
62.1¢/kg + 10%
1806.20.87 ...............................................................
43.8¢/kg + 10%
1806.20.89 ...............................................................
62.1¢/kg + 10%
1806.20.92 ...............................................................
43.8¢/kg + 10%
1806.20.93 ...............................................................
62.1¢/kg + 10%
1806.20.96 ...............................................................
43.8¢/kg + 10%
1806.20.97 ...............................................................
62.1¢/kg + 10%
1806.32.06 ...............................................................
43.8¢/kg + 5%
1806.32.08 ...............................................................
62.1¢/kg + 5%
1806.32.16 ...............................................................
43.8¢/kg + 5%
1806.32.18 ...............................................................
62.1¢/kg + 5%
1806.32.70 ...............................................................
43.8¢/kg + 7%
1806.32.80 ...............................................................
62.1¢/kg + 7%
1806.90.08 ...............................................................
43.8¢/kg + 7%
1806.90.10 ...............................................................
62.1¢/kg + 7%
1806.90.18 ...............................................................
43.8¢/kg + 7%
1806.90.20 ...............................................................
62.1¢/kg + 7%
1806.90.28 ...............................................................
43.8¢/kg + 7%
1806.90.30 ...............................................................
62.1¢/kg + 7%
1806.90.38 ...............................................................
43.8¢/kg + 7%
1806.90.40 ...............................................................
62.1¢/kg + 7%
1806.90.48 ...............................................................
43.8¢/kg + 7%
1806.90.50 ...............................................................
62.1¢/kg + 7%
1806.90.58 ...............................................................
43.8¢/kg + 7%
1806.90.60 ...............................................................
62.1¢/kg + 7%
1901.10.30 ...............................................................
$1.217/kg + 17.5%
1901.10.40 ...............................................................
$1.217/kg + 17.5%
1901.10.75 ...............................................................
$1.217/kg + 17.5%
1901.10.85 ...............................................................
$1.217/kg + 17.5%
1901.20.15 ...............................................................
49.8¢/kg + 10%
1901.20.25 ...............................................................
49.8¢/kg + 10%
1901.20.35 ...............................................................
49.8¢/kg + 10%
1901.20.50 ...............................................................
49.8¢/kg + 10%
1901.20.60 ...............................................................
49.8¢/kg + 10%
1901.20.70 ...............................................................
49.8¢/kg + 10%
1901.90.36 ...............................................................
$1.328/kg
1901.90.42 ...............................................................
25%
1901.90.44 ...............................................................
$1.217/kg + 16%
1901.90.46 ...............................................................
25%
1901.90.48 ...............................................................
$1.217/kg + 16%
1901.90.54 ...............................................................
27.9¢/kg + 10%
1901.90.58 ...............................................................
27.9¢/kg + 10%
2008.11.15 ...............................................................
155%
2008.11.35 ...............................................................
155%
2008.11.60 ...............................................................
155%
2101.10.38 ...............................................................
35.9¢/kg + 10%
2101.10.48 ...............................................................
35.9¢/kg + 10%
2101.10.58 ...............................................................
35.9¢/kg + 10%
2101.20.38 ...............................................................
35.9¢/kg + 10%
H. R. 5110—16
2101.20.48 ...............................................................
35.9¢/kg + 10%
2101.20.58 ...............................................................
35.9¢/kg + 10%
2103.90.78 ...............................................................
35.9¢/kg + 7.5%
2105.00.20 ...............................................................
59¢/kg + 20%
2105.00.40 ...............................................................
59¢/kg + 20%
2106.90.02 ...............................................................
$1.014/kg
2106.90.04 ...............................................................
$2.348/kg
2106.90.08 ...............................................................
$2.348/kg
2106.90.11 ...............................................................
6.58170¢/kg of total sugars
2106.90.12 ...............................................................
42.05¢/kg
2106.90.34 ...............................................................
82.8¢/kg + 10%
2106.90.38 ...............................................................
82.8¢/kg + 10%
2106.90.44 ...............................................................
82.8¢/kg + 10%
2106.90.48 ...............................................................
82.8¢/kg + 10%
2106.90.57 ...............................................................
33.9¢/kg + 10%
2106.90.67 ...............................................................
33.9¢/kg + 10%
2106.90.77 ...............................................................
33.9¢/kg + 10%
2106.90.87 ...............................................................
33.9¢/kg + 10%
2202.90.28 ...............................................................
27.6¢/liter + 17.5%
2309.90.28 ...............................................................
94.6¢/kg + 7.5%
2309.90.48 ...............................................................
94.6¢/kg + 7.5%
2401.10.70 ...............................................................
85¢/kg
2401.10.90 ...............................................................
85¢/kg
2401.20.30 ...............................................................
$1.21/kg
2401.20.45 ...............................................................
$1.15/kg
2401.20.55 ...............................................................
$1.15/kg
2801.30.20 ...............................................................
37%
2805.30.00 ...............................................................
31.3%
2805.40.00 ...............................................................
5.7%
2811.19.10 ...............................................................
4.9%
2818.10.20 ...............................................................
4.1%
2822.00.00 ...............................................................
1.7%
2827.39.20 ...............................................................
31.9%
2833.11.50 ...............................................................
3.6%
2833.27.00 ...............................................................
4.2%
2836.40.20 ...............................................................
4.8%
2836.60.00 ...............................................................
8.4%
2837.20.10 ...............................................................
5.1%
2840.11.00 ...............................................................
1.2%
2840.19.00 ...............................................................
0.4%
2849.20.20 ...............................................................
1.6%
2903.15.00 ...............................................................
88%
2903.16.00 ...............................................................
33.3%
2903.30.05 ...............................................................
46.3%
2906.11.00 ...............................................................
6.2%
2907.12.00 ...............................................................
48.3%
2909.11.00 ...............................................................
4%
2912.11.00 ...............................................................
12.1%
2916.15.10 ...............................................................
35.2%
2916.19.30 ...............................................................
24.4%
2923.20.20 ...............................................................
33.4%
3213.90.00 ...............................................................
48.6%
3307.10.20 ...............................................................
81.7%
3307.49.00 ...............................................................
73.2%
3403.11.20 ...............................................................
0.4%
3403.19.10 ...............................................................
0.4%
3506.10.10 ...............................................................
30.4%
3603.00.30 ...............................................................
8.3%
H. R. 5110—17
3603.00.90 ...............................................................
0.3%
3604.10.00 ...............................................................
12.5%
3606.90.30 ...............................................................
56.7%
3706.10.30 ...............................................................
7%
3807.00.00 ...............................................................
0.2%
3823.90.33 ...............................................................
26.3%
3904.61.00 ...............................................................
34.1%
3916.90.10 ...............................................................
40.6%
3920.51.50 ...............................................................
48.2%
3920.59.80 ...............................................................
51.7%
3926.90.65 ...............................................................
8.4%
5201.00.18 ...............................................................
36.9¢/kg
5201.00.28 ...............................................................
36.9¢/kg
5201.00.38 ...............................................................
36.9¢/kg
5201.00.80 ...............................................................
36.9¢/kg
5202.99.30 ...............................................................
9.2¢/kg
5203.00.30 ...............................................................
36.9¢/kg
(e) AUTHORITY TO CONSOLIDATE SUBHEADINGS
AND MODIFY
COLUMN 2 RATES OF DUTY FOR TARIFF SIMPLIFICATION PURPOSES.—
(1) IN
GENERAL.—Whenever the HTS column 1 general
rates of duty for 2 or more 8-digit subheadings are at the
same level and such subheadings are subordinate to a provision
required by the International Convention on the Harmonized
Commodity Description and Coding System, the President may
proclaim, subject to the consultation and layover requirements
of section 115, that the goods described in such subheadings
be provided for in a single 8-digit subheading of the HTS,
and that—
(A) the HTS column 1 general rate of duty for such
single subheading be the column 1 general rate of duty
common to all such subheadings, and
(B) the HTS column 2 rate of duty for such single
subheading be the highest column 2 rate of duty for such
subheadings that is in effect on the day before the effective
date of such proclamation.
(2) SAME LEVEL OF DUTY.—The provisions of this subsection
apply to subheadings described in paragraph (1) that have
the same column 1 general rate of duty—
(A) on the date of the enactment of this Act, or
(B) after such date of enactment as a result of a staged
reduction in such column 1 rates of duty.
SEC. 112. IMPLEMENTATION OF SCHEDULE XX PROVISIONS ON SHIP
REPAIRS.
(a) IN GENERAL.—Section 484E(b) of the Customs and Trade
Act of 1990 (19 U.S.C. 1466 note; 104 Stat. 710) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘, and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) any entry made pursuant to section 466(h) (1) or (2)
of the Tariff Act of 1930 (19 U.S.C. 1466(h) (1) or (2)), on
or after the date of the entry into force of the WTO Agreement
with respect to the United States.’’.
(b) EXEMPTION FOR CERTAIN SPARE PARTS.—Section 466(h) of
the Tariff Act of 1930 (19 U.S.C. 1466(h)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
H. R. 5110—18
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘, or’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the cost of spare parts necessarily installed before
the first entry into the United States, but only if duty is
paid under appropriate commodity classifications of the Har-
monized Tariff Schedule of the United States upon first entry
into the United States of each such spare part purchased in,
or imported from, a foreign country.’’.
SEC. 113. LIQUIDATION OR RELIQUIDATION AND REFUND OF DUTY
PAID ON CERTAIN ENTRIES.
(a) LIQUIDATION OR RELIQUIDATION.—Notwithstanding section
514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision
of law, and subject to subsection (b), the Secretary of the Treasury
shall liquidate or reliquidate the entries listed or otherwise
described in subsection (c) and refund any duty or excess duty
that was paid, as provided in subsection (c).
(b) REQUESTS.—Liquidation or reliquidation may be made under
subsection (a) with respect to an entry only if a request therefor
is filed with the Customs Service, within 180 days after the date
on which the WTO Agreement enters into force with respect to
the United States, that contains sufficient information to enable
the Customs Service—
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be located.
(c) ENTRIES.—The entries referred to in subsection (a) are as
follows:
(1) AGGLOMERATED STONE TILES.—Any goods—
(A) for which the importer claimed or would have
claimed entry under subheading 6810.19.12 of the HTS
on or after October 1, 1990, and before the effective date
of a proclamation issued by the President under section
103(a) of this Act with respect to items under such sub-
heading in order to carry out Schedule XX, or
(B) entered on or after January 1, 1989, and before
October 1, 1990, for which entry would have been claimed
under subheading 6810.19.12 of the HTS on or after Octo-
ber 1, 1990,
shall be liquidated or reliquidated as if the wording of that
subheading were ‘‘Of stone agglomerated with binders other
than cement’’, and the Secretary of the Treasury shall refund
any excess duties paid with respect to such entries.
(2) CLOMIPHENE CITRATE.—
(A) Any entry, or withdrawal from warehouse for
consumption, of goods described in heading 9902.29.95 of
the HTS (relating to clomiphene citrate) which was made
after December 31, 1988, and before January 1, 1993, and
with respect to which there would have been no duty
if the reference to subheading ‘‘2922.19.15’’ in such heading
were a reference to subheading ‘‘2922.19.15 or any sub-
heading of chapter 30’’ at the time of such entry or with-
drawal, shall be liquidated or reliquidated as free of duty.
(B) The Secretary of the Treasury shall refund any
duties paid with respect to entries described in subpara-
graph (A).
H. R. 5110—19
SEC. 114. MODIFICATIONS TO THE HTS.
(a) WOOL.—
(1) AMENDMENTS.—Chapter 51 of the HTS is amended—
(A) by striking subheading 5101.21.60 and inserting
the following new superior text and subheadings, with the
superior text having the same degree of indentation as
the article description in subheading 5101.11.60:
‘‘
Other:
5101.21.65
Unimproved 
wool;
other wool, not finer
than 46s ...................
Free
81.6¢/
kg+20%
5101.21.70
Other ........................
7.7¢/
kg+6.25%
Free (MX)
0.8¢/kg+0.6%
(IL) 3¢/
kg+2.5% (CA)
81.6¢/
kg+20%
’’;
(B) by striking subheading 5101.29.60 and inserting
the following new superior text and subheadings, with the
superior text having the same degree of indentation as
the article description in subheading 5102.10.20:
‘‘
Other:
5101.29.65
Unimproved wool;
other wool, not
finer than 46s ........
Free
81.6¢/
kg+20%
5101.29.70
Other ......................
7.7¢/
kg+6.25%
0.8¢/kg+0.6%
(IL) 3¢/
kg+2.5% (CA)
6.1¢/kg+5%
(MX)
81.6¢/
kg+20%
’’;
and
(C) by striking subheading 5101.30.60 and inserting
the following new superior text and subheadings, with the
superior text having the same degree of indentation as
the superior text immediately preceding subheading
5102.10.20:
‘‘
Other:
5101.30.65
Unimproved 
wool;
other wool, not finer
than 46s ...................
Free
81.6¢/
kg+20%
5101.30.70
Other ........................
7.7¢/
kg+6.25%
Free (MX)
0.8¢/kg+0.6%
(IL) 3¢/
kg+2.5% (CA)
81.6¢/
kg+20%
’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section take effect on the effective date of the proclamation
issued by the President under section 103(a) to carry out Sched-
ule XX.
(b) DUTY FREE TREATMENT FOR OCTADECYL ISOCYANATE AND
5-CHLORO-2-(2,4-DICHLORO-PHENOXY)PHENOL.—The President—
(1) shall proclaim duty-free entry for octadecyl isocyanate
and 5-Chloro-2-(2,4-dichloro-phenoxy)phenol, to be effective on
the effective date of the proclamation issued by the President
under section 103(a) to carry out Schedule XX, and
H. R. 5110—20
(2) shall take such actions as are necessary to reflect such
tariff treatment in Schedule XX.
SEC. 115. CONSULTATION AND LAYOVER REQUIREMENTS FOR, AND
EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to the
consultation and layover requirements of this section, such action
may be proclaimed only if—
(1) the President has obtained advice regarding the pro-
posed action from—
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C.
2155), and
(B) the International Trade Commission;
(2) the President has submitted a report to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate that sets forth—
(A) the action proposed to be proclaimed and the rea-
sons for such actions, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the first
day on which the President has met the requirements of para-
graphs (1) and (2) with respect to such action, has expired;
and
(4) the President has consulted with such committees
regarding the proposed action during the period referred to
in paragraph (3).
SEC. 116. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section 114(a) and
subsection (b) of this section, this subtitle and the amendments
made by this subtitle take effect on the date on which the WTO
Agreement enters into force with respect to the United States.
(b) SECTION 115.—Section 115 takes effect on the date of the
enactment of this Act.
Subtitle C—Uruguay Round
Implementation and Dispute Settlement
SEC. 121. DEFINITIONS.
For purposes of this subtitle:
(1) ADMINISTERING AUTHORITY.—The term ‘‘administering
authority’’ has the meaning given that term in section 771(1)
of the Tariff Act of 1930.
(2) APPELLATE BODY.—The term ‘‘Appellate Body’’ means
the Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(3) APPROPRIATE
CONGRESSIONAL
COMMITTEES; CONGRES-
SIONAL COMMITTEES.—
(A) APPROPRIATE
CONGRESSIONAL
COMMITTEES.—The
term ‘‘appropriate congressional committees’’ means the
committees referred to in subparagraph (B) and any other
committees of the Congress that have jurisdiction involving
the matter with respect to which consultations are to be
held.
H. R. 5110—21
(B) CONGRESSIONAL COMMITTEES.—The term ‘‘congres-
sional committees’’ means the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate.
(4) DISPUTE SETTLEMENT PANEL; PANEL.—The terms ‘‘dis-
pute settlement panel’’ and ‘‘panel’’ mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(5) DISPUTE SETTLEMENT BODY.—The term ‘‘Dispute Settle-
ment Body’’ means the Dispute Settlement Body administering
the rules and procedures set forth in the Dispute Settlement
Understanding.
(6) DISPUTE SETTLEMENT UNDERSTANDING.—The term ‘‘Dis-
pute Settlement Understanding’’ means the Understanding on
Rules and Procedures Governing the Settlement of Disputes
referred to in section 101(d)(16).
(7) GENERAL COUNCIL.—The term ‘‘General Council’’ means
the General Council established under paragraph 2 of Article
IV of the WTO Agreement.
(8) MINISTERIAL CONFERENCE.—The term ‘‘Ministerial Con-
ference’’ means the Ministerial Conference established under
paragraph 1 of Article IV of the WTO Agreement.
(9) OTHER TERMS.—The terms ‘‘Antidumping Agreement’’,
‘‘Agreement on Subsidies and Countervailing Measures’’, and
‘‘Safeguards Agreement’’ mean the agreements referred to in
section 101(d) (7), (12), and (13), respectively.
SEC. 122. IMPLEMENTATION OF URUGUAY ROUND AGREEMENTS.
(a) DECISIONMAKING.—In the implementation of the Uruguay
Round Agreements and the functioning of the World Trade
Organization, it is the objective of the United States to ensure
that the Ministerial Conference and the General Council continue
the practice of decisionmaking by consensus followed under the
GATT 1947, as required by paragraph 1 of article IX of the WTO
Agreement.
(b) CONSULTATIONS WITH CONGRESSIONAL COMMITTEES.—In
furtherance of the objective set forth in subsection (a), the Trade
Representative shall consult with the appropriate congressional
committees before any vote is taken by the Ministerial Conference
or the General Council relating to—
(1) the adoption of an interpretation of the WTO Agreement
or another multilateral trade agreement,
(2) the amendment of any such agreement,
(3) the granting of a waiver of any obligation under any
such agreement,
(4) the adoption of any amendment to the rules or proce-
dures of the Ministerial Conference or the General Council,
(5) the accession of a state or separate customs territory
to the WTO Agreement, or
(6) the adoption of any other decision,
if the action described in paragraph (1), (2), (3), (4), (5), or (6)
would substantially affect the rights or obligations of the United
States under the WTO Agreement or another multilateral trade
agreement or potentially entails a change in Federal or State law.
(c) REPORT ON DECISIONS.—
(1) IN GENERAL.—Not later than 30 days after the end
of any calendar year in which the Ministerial Conference or
the General Council adopts by vote any decision to take any
H. R. 5110—22
action described in paragraph (1), (2), (4), or (6) of subsection
(b), the Trade Representative shall submit a report to the
appropriate congressional committees describing—
(A) the nature of the decision;
(B) the efforts made by the United States to have
the matter decided by consensus pursuant to paragraph
1 of article IX of the WTO Agreement, and the results
of those efforts;
(C) which countries voted for, and which countries
voted against, the decision;
(D) the rights or obligations of the United States
affected by the decision and any Federal or State law
that would be amended or repealed, if the President after
consultation with the Congress determined that such
amendment or repeal was an appropriate response; and
(E) the action the President intends to take in response
to the decision or, if the President does not intend to
take any action, the reasons therefor.
(2) ADDITIONAL REPORTING REQUIREMENTS.—
(A) GRANT OF WAIVER.—In the case of a decision to
grant a waiver described in subsection (b)(3), the report
under paragraph (1) shall describe the terms and conditions
of the waiver and the rights and obligations of the United
States that are affected by the waiver.
(B) ACCESSION.—In the case of a decision on accession
described in subsection (b)(5), the report under paragraph
(1) shall state whether the United States intends to invoke
Article XIII of the WTO Agreement.
(d) CONSULTATION ON REPORT.—Promptly after the submission
of a report under subsection (c), the Trade Representative shall
consult with the appropriate congressional committees with respect
to the report.
SEC. 123. DISPUTE SETTLEMENT PANELS AND PROCEDURES.
(a) REVIEW
BY
PRESIDENT.—The President shall review
annually the WTO panel roster and shall include the panel roster
and the list of persons serving on the Appellate Body in the annual
report submitted by the President under section 163(a) of the Trade
Act of 1974.
(b) QUALIFICATIONS
OF APPOINTEES
TO PANELS.—The Trade
Representative shall—
(1) seek to ensure that persons appointed to the WTO
panel roster are well-qualified, and that the roster includes
persons with expertise in the subject areas covered by the
Uruguay Round Agreements; and
(2) inform the President of persons nominated to the roster
by other WTO member countries.
(c) RULES GOVERNING CONFLICTS
OF INTEREST.—The Trade
Representative shall seek the establishment by the General Council
and the Dispute Settlement Body of rules governing conflicts of
interest by persons serving on panels and members of the Appellate
Body and shall describe, in the annual report submitted under
section 124, any progress made in establishing such rules.
(d) NOTIFICATION
OF DISPUTES.—Promptly after a dispute
settlement panel is established to consider the consistency of Fed-
eral or State law with any of the Uruguay Round Agreements,
H. R. 5110—23
the Trade Representative shall notify the appropriate congressional
committees of—
(1) the nature of the dispute, including the matters set
forth in the request for the establishment of the panel, the
legal basis of the complaint, and the specific measures, in
particular any State or Federal law cited in the request for
establishment of the panel;
(2) the identity of the persons serving on the panel; and
(3) whether there was any departure from the rule of
consensus with respect to the selection of persons to serve
on the panel.
(e) NOTICE OF APPEALS OF PANEL REPORTS.—If an appeal is
taken of a report of a panel in a proceeding described in subsection
(d), the Trade Representative shall, promptly after the notice of
appeal is filed, notify the appropriate congressional committees
of—
(1) the issues under appeal; and
(2) the identity of the persons serving on the Appellate
Body who are reviewing the report of the panel.
(f) ACTIONS UPON CIRCULATION OF REPORTS.—Promptly after
the circulation of a report of a panel or of the Appellate Body
to WTO members in a proceeding described in subsection (d), the
Trade Representative shall—
(1) notify the appropriate congressional committees of the
report;
(2) in the case of a report of a panel, consult with the
appropriate congressional committees concerning the nature
of any appeal that may be taken of the report; and
(3) if the report is adverse to the United States, consult
with the appropriate congressional committees concerning
whether to implement the report’s recommendation and, if so,
the manner of such implementation and the period of time
needed for such implementation.
(g) REQUIREMENTS FOR AGENCY ACTION.—
(1) CHANGES
IN
AGENCY
REGULATIONS
OR
PRACTICE.—In
any case in which a dispute settlement panel or the Appellate
Body finds in its report that a regulation or practice of a
department or agency of the United States is inconsistent with
any of the Uruguay Round Agreements, that regulation or
practice may not be amended, rescinded, or otherwise modified
in the implementation of such report unless and until—
(A) the appropriate congressional committees have
been consulted under subsection (f);
(B) the Trade Representative has sought advice regard-
ing the modification from relevant private sector advisory
committees established under section 135 of the Trade
Act of 1974 (19 U.S.C. 2155);
(C) the head of the relevant department or agency
has provided an opportunity for public comment by publish-
ing in the Federal Register the proposed modification and
the explanation for the modification;
(D) the Trade Representative has submitted to the
appropriate congressional committees a report describing
the proposed modification, the reasons for the modification,
and a summary of the advice obtained under subparagraph
(B) with respect to the modification;
H. R. 5110—24
(E) the Trade Representative and the head of the rel-
evant department or agency have consulted with the appro-
priate congressional committees on the proposed contents
of the final rule or other modification; and
(F) the final rule or other modification has been pub-
lished in the Federal Register.
(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 paragraph (1)(E) begin,
unless the President determines that an earlier effective date
is in the national interest.
(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 Finance of the Senate may vote to indicate the agreement
or disagreement of the committee with the proposed contents
of the final rule or other modification. Any such vote shall
not be binding on the department or agency which is
implementing the rule or other modification.
(4) INAPPLICABILITY TO ITC.—This subsection does not apply
to any regulation or practice of the International Trade
Commission.
(h) CONSULTATIONS REGARDING REVIEW OF WTO RULES AND
PROCEDURES.—Before the review is conducted of the dispute settle-
ment rules and procedures of the WTO that is provided for in
the Decision on the Application of the Understanding on Rules
and Procedures Governing the Settlement of Disputes, as such
decision is set forth in the Ministerial Declarations and Decisions
adopted on April 15, 1994, together with the Uruguay Round Agree-
ments, the Trade Representative shall consult with the congres-
sional committees regarding the policy of the United States
concerning the review.
SEC. 124. ANNUAL REPORT ON THE WTO.
Not later than March 1 of each year beginning in 1996, the
Trade Representative shall submit to the Congress a report describ-
ing, for the preceding fiscal year of the WTO—
(1) the major activities and work programs of the WTO,
including the functions and activities of the committees estab-
lished under article IV of the WTO Agreement, and the expendi-
tures made by the WTO in connection with those activities
and programs;
(2) the percentage of budgetary assessments by the WTO
that were accounted for by each WTO member country, includ-
ing the United States;
(3) the total number of personnel employed or retained
by the Secretariat of the WTO, and the number of professional,
administrative, and support staff of the WTO;
(4) for each personnel category described in paragraph
(3), the number of citizens of each country, and the average
salary of the personnel, in that category;
(5) each report issued by a panel or the Appellate Body
in a dispute settlement proceeding regarding Federal or State
law, and any efforts by the Trade Representative to provide
for implementation of the recommendations contained in a
report that is adverse to the United States;
H. R. 5110—25
(6) each proceeding before a panel or the Appellate Body
that was initiated during that fiscal year regarding Federal
or State law, the status of the proceeding, and the matter
at issue;
(7) the status of consultations with any State whose law
was the subject of a report adverse to the United States that
was issued by a panel or the Appellate Body; and
(8) any progress achieved in increasing the transparency
of proceedings of the Ministerial Conference and the General
Council, and of dispute settlement proceedings conducted pursu-
ant to the Dispute Settlement Understanding.
SEC. 125. REVIEW OF PARTICIPATION IN THE WTO.
(a) REPORT ON THE OPERATION OF THE WTO.—The first annual
report submitted to the Congress under section 124—
(1) after the end of the 5-year period beginning on the
date on which the WTO Agreement enters into force with
respect to the United States, and
(2) after the end of every 5-year period thereafter,
shall include an analysis of the effects of the WTO Agreement
on the interests of the United States, the costs and benefits to
the United States of its participation in the WTO, and the value
of the continued participation of the United States in the WTO.
(b) CONGRESSIONAL DISAPPROVAL OF U.S. PARTICIPATION IN THE
WTO.—
(1) GENERAL RULE.—The approval of the Congress, provided
under section 101(a), of the WTO Agreement shall cease to
be effective if, and only if, a joint resolution described in sub-
section (c) is enacted into law pursuant to the provisions of
paragraph (2).
(2) PROCEDURAL PROVISIONS.—(A) The requirements of this
paragraph are met if the joint resolution is enacted under
subsection (c), and—
(i) the Congress adopts and transmits the joint resolu-
tion to the President before the end of the 90-day period
(excluding any day described in section 154(b) of the Trade
Act of 1974), beginning on the date on which the Congress
receives a report referred to in subsection (a), and
(ii) if the President vetoes the joint resolution, each
House of Congress votes to override that veto on or before
the later of the last day of the 90-day period referred
to in clause (i) or the last day of the 15-day period (exclud-
ing any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress
receives the veto message from the President.
(B) A joint resolution to which this section applies may
be introduced at any time on or after the date on which the
President transmits to the Congress a report described in sub-
section (a), and before the end of the 90-day period referred
to in subparagraph (A).
(c) JOINT RESOLUTIONS.—
(1) JOINT RESOLUTIONS.—For purposes of this section, the
term ‘‘joint resolution’’ means only a joint resolution of the
2 Houses of Congress, the matter after the resolving clause
of which is as follows: ‘‘That the Congress withdraws its
approval, provided under section 101(a) of the Uruguay Round
H. R. 5110—26
Agreements Act, of the WTO Agreement as defined in section
2(9) of that Act.’’.
(2) PROCEDURES.—(A) Joint resolutions may be introduced
in either House of the Congress by any member of such House.
(B) Subject to the provisions of this subsection, the provi-
sions of subsections (b), (d), (e), and (f) of section 152 of the
Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply
to joint resolutions to the same extent as such provisions apply
to resolutions under such section.
(C) If the committee of either House to which a joint
resolution has been referred has not reported it by the close
of the 45th day after its introduction (excluding any day
described in section 154(b) of the Trade Act of 1974), such
committee shall be automatically discharged from further
consideration of the joint resolution and it shall be placed
on the appropriate calendar.
(D) It is not in order for—
(i) the Senate to consider any joint resolution unless
it has been reported by the Committee on Finance or
the committee has been discharged under subparagraph
(C); or
(ii) the House of Representatives to consider any joint
resolution unless it has been reported by the Committee
on Ways and Means or the committee has been discharged
under subparagraph (C).
(E) A motion in the House of Representatives to proceed
to the consideration of a joint resolution may only be made
on the second legislative day after the calendar day on which
the Member making the motion announces to the House his
or her intention to do so.
(3) CONSIDERATION
OF
SECOND
RESOLUTION
NOT
IN
ORDER.—It shall not be in order in either the House of Rep-
resentatives or the Senate to consider a joint resolution (other
than a joint resolution received from the other House), if that
House has previously adopted a joint resolution under this
section.
(d) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This
section is enacted by the Congress—
(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
is deemed a part of the rules of each House, respectively,
and such procedures supersede other rules only to the extent
that they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same manner,
and to the same extent as any other rule of that House.
SEC. 126. INCREASED TRANSPARENCY.
The Trade Representative shall seek the adoption by the Min-
isterial Conference and General Council of procedures that will
ensure broader application of the principle of transparency and
clarification of the costs and benefits of trade policy actions, through
the observance of open and equitable procedures in trade matters
by the Ministerial Conference and the General Council, and by
the dispute settlement panels and the Appellate Body under the
Dispute Settlement Understanding.
H. R. 5110—27
SEC. 127. ACCESS TO THE WTO DISPUTE SETTLEMENT PROCESS.
(a) IN GENERAL.—Whenever the United States is a party before
a dispute settlement panel established pursuant to Article 6 of
the Dispute Settlement Understanding, the Trade Representative
shall, at each stage of the proceeding before the panel or the
Appellate Body, consult with the appropriate congressional commit-
tees, the petitioner (if any) under section 302(a) of the Trade Act
of 1974 (19 U.S.C. 2412) with respect to the matter that is the
subject of the proceeding, and relevant private sector advisory
committees established under section 135 of the Trade Act of 1974
(19 U.S.C. 2155), and shall consider the views of representatives
of appropriate interested private sector and nongovernmental
organizations concerning the matter.
(b) NOTICE AND PUBLIC COMMENT.—In any proceeding described
in subsection (a), the Trade Representative shall—
(1) promptly after requesting the establishment of a panel,
or receiving a request from another WTO member country
for the establishment of a panel, publish a notice in the Federal
Register—
(A) identifying the initial parties to the dispute,
(B) setting forth the major issues raised by the country
requesting the establishment of a panel and the legal basis
of the complaint,
(C) identifying the specific measures, including any
State or Federal law cited in the request for establishment
of the panel, and
(D) seeking written comments from the public concern-
ing the issues raised in the dispute; and
(2) take into account any advice received from appropriate
congressional committees and relevant private sector advisory
committees referred to in subsection (a), and written comments
received pursuant to paragraph (1)(D), in preparing United
States submissions to the panel or the Appellate Body.
(c) ACCESS TO DOCUMENTS.—In each proceeding described in
subsection (a), the Trade Representative shall—
(1) make written submissions by the United States referred
to in subsection (b) available to the public promptly after they
are submitted to the panel or Appellate Body, except that
the Trade Representative is authorized to withhold from disclo-
sure any information contained in such submissions identified
by the provider of the information as proprietary information
or information treated as confidential by a foreign government;
(2) request each other party to the dispute to permit the
Trade Representative to make that party’s written submissions
to the panel or the Appellate Body available to the public;
and
(3) make each report of the panel or the Appellate Body
available to the public promptly after it is circulated to WTO
members, and inform the public of such availability.
(d) REQUESTS FOR NONCONFIDENTIAL SUMMARIES.—In any dis-
pute settlement proceeding conducted pursuant to the Dispute
Settlement Understanding, the Trade Representative shall request
each party to the dispute to provide nonconfidential summaries
of its written submissions, if that party has not made its written
submissions public, and shall make those summaries available to
the public promptly after receiving them.
H. R. 5110—28
(e) PUBLIC FILE.—The Trade Representative shall maintain
a file accessible to the public on each dispute settlement proceeding
to which the United States is a party that is conducted pursuant
to the Dispute Settlement Understanding. The file shall include
all United States submissions in the proceeding and a listing of
any submissions to the Trade Representative from the public with
respect to the proceeding, as well as the report of the dispute
settlement panel and the report of the Appellate Body.
(f) CONFORMING
AMENDMENT.—Section 135(a)(1)(B) of the
Trade Act of 1974 (19 U.S.C. 2155(a)(1)(B)) is amended to read
as follows:
‘‘(B) the operation of any trade agreement once entered
into, including preparation for dispute settlement panel
proceedings to which the United States is a party; and’’.
SEC. 128. ADVISORY COMMITTEE PARTICIPATION.
Section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1))
is amended by inserting ‘‘nongovernmental environmental and con-
servation organizations,’’ after ‘‘retailers,’’.
SEC. 129. ADMINISTRATIVE ACTION FOLLOWING WTO PANEL REPORTS.
(a) 
ACTION
BY
UNITED
STATES
INTERNATIONAL
TRADE
COMMISSION.—
(1) ADVISORY REPORT.—If a dispute settlement panel finds
in an interim report under Article 15 of the Dispute Settlement
Understanding, or the Appellate Body finds in a report under
Article 17 of that Understanding, that an action by the Inter-
national Trade Commission in connection with a particular
proceeding is not in conformity with the obligations of the
United States under the Antidumping Agreement, the Safe-
guards Agreement, or the Agreement on Subsidies and Counter-
vailing Measures, the Trade Representative may request the
Commission to issue an advisory report on whether title VII
of the Tariff Act of 1930 or title II of the Trade Act of 1974,
as the case may be, permits the Commission to take steps
in connection with the particular proceeding that would render
its action not inconsistent with the findings of the panel or
the Appellate Body concerning those obligations. The Trade
Representative shall notify the congressional committees of
such request.
(2) TIME
LIMITS
FOR
REPORT.—The Commission shall
transmit its report under paragraph (1) to the Trade Repre-
sentative—
(A) in the case of an interim report described in para-
graph (1), within 30 calendar days after the Trade Rep-
resentative requests the report; and
(B) in the case of a report of the Appellate Body,
within 21 calendar days after the Trade Representative
requests the report.
(3) CONSULTATIONS ON REQUEST FOR COMMISSION DETER-
MINATION.—If a majority of the Commissioners issues an
affirmative report under paragraph (1), the Trade Representa-
tive shall consult with the congressional committees concerning
the matter.
(4) COMMISSION
DETERMINATION.—Notwithstanding any
provision of the Tariff Act of 1930 or title II of the Trade
Act of 1974, if a majority of the Commissioners issues an
affirmative report under paragraph (1), the Commission, upon
H. R. 5110—29
the written request of the Trade Representative, shall issue
a determination in connection with the particular proceeding
that would render the Commission’s action described in para-
graph (1) not inconsistent with the findings of the panel or
Appellate Body. The Commission shall issue its determination
not later than 120 days after the request from the Trade
Representative is made.
(5) CONSULTATIONS
ON
IMPLEMENTATION
OF
COMMISSION
DETERMINATION.—The Trade Representative shall consult with
the congressional committees before the Commission’s deter-
mination under paragraph (4) is implemented.
(6) REVOCATION OF ORDER.—If, by virtue of the Commis-
sion’s determination under paragraph (4), an antidumping or
countervailing duty order with respect to some or all of the
imports that are subject to the action of the Commission
described in paragraph (1) is no longer supported by an affirma-
tive Commission determination under title VII of the Tariff
Act of 1930 or this subsection, the Trade Representative may,
after consulting with the congressional committees under para-
graph (5), direct the administering authority to revoke the
antidumping or countervailing duty order in whole or in part.
(7) MODIFICATION
OF
ACTION
UNDER
TITLE
II
OF
TRADE
ACT
OF
1974.—Section 204(b) of the Trade Act of 1974 (19
U.S.C. 2254(b)) is amended by adding at the end the following
new paragraph:
‘‘(3) Notwithstanding paragraph (1), the President may,
after receipt of a Commission determination under section
129(a)(4) of the Uruguay Round Agreements Act and consulting
with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate,
reduce, modify, or terminate action taken under section 203.’’.
(b) ACTION BY ADMINISTERING AUTHORITY.—
(1) CONSULTATIONS WITH ADMINISTERING AUTHORITY AND
CONGRESSIONAL
COMMITTEES.—Promptly after a report by a
dispute settlement panel or the Appellate Body is issued that
contains findings that an action by the administering authority
in a proceeding under title VII of the Tariff Act of 1930 is
not in conformity with the obligations of the United States
under the Antidumping Agreement or the Agreement on Sub-
sidies and Countervailing Measures, the Trade Representative
shall consult with the administering authority and the congres-
sional committees on the matter.
(2) DETERMINATION
BY
ADMINISTERING
AUTHORITY.—Not-
withstanding any provision of the Tariff Act of 1930, the admin-
istering authority shall, within 180 days after receipt of a
written request from the Trade Representative, issue a deter-
mination in connection with the particular proceeding that
would render the administering authority’s action described
in paragraph (1) not inconsistent with the findings of the panel
or the Appellate Body.
(3) CONSULTATIONS BEFORE IMPLEMENTATION.—Before the
administering authority implements any determination under
paragraph (2), the Trade Representative shall consult with
the administering authority and the congressional committees
with respect to such determination.
(4) IMPLEMENTATION OF DETERMINATION.—The Trade Rep-
resentative may, after consulting with the administering
H. R. 5110—30
authority and the congressional committees under paragraph
(3), direct the administering authority to implement, in whole
or in part, the determination made under paragraph (2).
(c) 
EFFECTS
OF
DETERMINATIONS; 
NOTICE
OF
IMPLEMENTATION.—
(1) EFFECTS OF DETERMINATIONS.—Determinations concern-
ing title VII of the Tariff Act of 1930 that are implemented
under this section shall apply with respect to unliquidated
entries of the subject merchandise (as defined in section 771
of that Act) that are entered, or withdrawn from warehouse,
for consumption on or after—
(A) in the case of a determination by the Commission
under subsection (a)(4), the date on which the Trade Rep-
resentative directs the administering authority under sub-
section (a)(6) to revoke an order pursuant to that
determination, and
(B) in the case of a determination by the administering
authority under subsection (b)(2), the date on which the
Trade Representative directs the administering authority
under subsection (b)(4) to implement that determination.
(2) NOTICE OF IMPLEMENTATION.—
(A) The administering authority shall publish in the
Federal Register notice of the implementation of any deter-
mination made under this section with respect to title
VII of the Tariff Act of 1930.
(B) The Trade Representative shall publish in the Fed-
eral Register notice of the implementation of any deter-
mination made under this section with respect to title
II of the Trade Act of 1974.
(d) OPPORTUNITY FOR COMMENT BY INTERESTED PARTIES.—Prior
to issuing a determination under this section, the administering
authority or the Commission, as the case may be, shall provide
interested parties with an opportunity to submit written comments
and, in appropriate cases, may hold a hearing, with respect to
the determination.
(e) JUDICIAL OR BINATIONAL PANEL REVIEW.—
(1) REVIEW
OF
DETERMINATIONS
ON
RECORD.—Section
516A(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2))
is amended—
(A) in subparagraph (A)(i)—
(i) in subclause (I) by striking ‘‘(B), or’’ and insert-
ing ‘‘(B)’’, and
(ii) by adding after subclause (II) the following:
‘‘(III) notice of the implementation of any
determination described in clause (vii) of subpara-
graph (B), or’’; and
(B) in subparagraph (B), by adding at the end the
following new clause:
‘‘(vii) A determination by the administering author-
ity or the Commission under section 129 of the
Uruguay Round Agreements Act concerning a deter-
mination under title VII of the Tariff Act of 1930.’’.
(2) TIME LIMITS FOR CASES INVOLVING FREE TRADE AREA
COUNTRIES.—Section 516A(a)(5) of the Tariff Act of 1930 (19
U.S.C. 1516a(a)(5)) is amended by adding at the end the follow-
ing new subparagraph:
H. R. 5110—31
‘‘(E) For a determination described in clause (vii) of
paragraph (2)(B), the 31st day after the date on which
notice of the implementation of the determination is pub-
lished in the Federal Register.’’.
(3) REVIEW OF CASES INVOLVING FREE TRADE AREA COUNTRY
MERCHANDISE.—Section 516A(g)(8)(A)(i) of the Tariff Act of 1930
(19 U.S.C. 1516a(g)(8)(A)(i)) is amended by striking ‘‘sub-
paragraph (A) or (B)’’ and inserting ‘‘subparagraph (A), (B),
or (E)’’.
SEC. 130. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle take
effect on the date on which the WTO Agreement enters into force
with respect to the United States.
Subtitle D—Related Provisions
SEC. 131. WORKING PARTY ON WORKER RIGHTS.
(a) IN GENERAL.—The President shall seek the establishment
in the GATT 1947, and, upon entry into force of the WTO Agreement
with respect to the United States, in the WTO, of a working party
to examine the relationship of internationally recognized worker
rights, as defined in section 502(a)(4) of the Trade Act of 1974,
to the articles, objectives, and related instruments of the GATT
1947 and of the WTO, respectively.
(b) OBJECTIVES
OF WORKING PARTY.—The objectives of the
United States for the working party described in subsection (a)
are to—
(1) explore the linkage between international trade and
internationally recognized worker rights, as defined in section
502(a)(4) of the Trade Act of 1974, taking into account dif-
ferences in the level of development among countries;
(2) examine the effects on international trade of the system-
atic denial of such rights;
(3) consider ways to address such effects; and
(4) develop methods to coordinate the work program of
the working party with the International Labor Organization.
(c) REPORT TO CONGRESS.—The President shall report to the
Congress, not later than 1 year after the date of the enactment
of this Act, on the progress made in establishing the working
party under this section, and on United States objectives with
respect to the working party’s work program.
SEC. 132. IMPLEMENTATION OF RULES OF ORIGIN WORK PROGRAM.
If the President enters into an agreement developed under
the work program described in Article 9 of the Agreement on
Rules of Origin referred to in section 101(d)(10), the President
may implement United States obligations under such an agreement
under United States law only pursuant to authority granted to
the President for that purpose by law enacted after the effective
date of this title.
SEC. 133. MEMBERSHIP IN WTO OF BOYCOTTING COUNTRIES.
It is the sense of the Congress that the Trade Representative
should vigorously oppose the admission into the World Trade
Organization of any country which, through its laws, regulations,
official policies, or governmental practices, fosters, imposes, com-
H. R. 5110—32
plies with, furthers, or supports any boycott described in section
8(a) of the Export Administration Act of 1979 (50 U.S.C. App.
2407(a)) (as in effect on August 20, 1994), including requiring
or encouraging entities within that country to refuse to do business
with persons who do not comply with requests to take any action
prohibited under that section.
SEC. 134. AFRICA TRADE AND DEVELOPMENT POLICY.
(a) DEVELOPMENT OF POLICY.—The President should develop
and implement a comprehensive trade and development policy for
the countries of Africa.
(b) REPORTS TO CONGRESS.—The President shall, not later than
12 months after the date of the enactment of this Act and annually
thereafter for a period of 4 years, submit to the Committee on
Ways and Means and the Committee on Foreign Affairs of the
House of Representatives, the Committee on Finance and the
Committee on Foreign Relations of the Senate, and other appro-
priate committees of the Congress, a report on the steps taken
to carry out subsection (a).
SEC. 135. OBJECTIVES FOR EXTENDED NEGOTIATIONS.
(a) TRADE IN FINANCIAL SERVICES.—The principal negotiating
objective of the United States in the extended negotiations on
financial services to be conducted under the auspices of the WTO
is to seek to secure commitments, from a wide range of commercially
important developed and developing countries, to reduce or elimi-
nate barriers to the supply of financial services, including barriers
that deny national treatment or market access by restricting the
establishment or operation of financial services providers, as the
condition for the United States—
(1) offering commitments to provide national treatment
and market access in each of the financial services subsectors,
and
(2) making such commitments on a most-favored-nation
basis.
(b) TRADE IN BASIC TELECOMMUNICATIONS SERVICES.—The prin-
cipal negotiating objective of the United States in the extended
negotiations on basic telecommunications services to be conducted
under the auspices of the WTO is to obtain the opening on non-
discriminatory terms and conditions of foreign markets for basic
telecommunications services through facilities-based competition or
through the resale of services on existing networks.
(c) TRADE IN CIVIL AIRCRAFT.—
(1) NEGOTIATIONS.—The principal negotiating objectives of
the United States in the extended negotiations on trade in
civil aircraft to be conducted under the auspices of the WTO
are—
(A) to obtain competitive opportunities for United
States exports in foreign markets substantially equivalent
to those afforded to foreign products in the United States,
(B) to obtain the reduction or elimination of specific
tariff and nontariff barriers, including through expanded
membership in the Agreement on Trade in Civil Aircraft
and in the US–EC bilateral agreement for large civil
aircraft,
(C) to maintain vigorous and effective disciplines on
subsidies practices with respect to civil aircraft products
H. R. 5110—33
under the Agreement on Subsidies and Countervailing
Measures referred to in section 101(d)(12),
(D) to maintain the scope and coverage on indirect
support as specified in the US–EC bilateral agreement
on large civil aircraft, and
(E) to obtain increased transparency with respect to
foreign subsidy programs in the civil aircraft sector, both
through greater government disclosure with respect to the
use of taxpayer moneys and higher financial disclosure
standards for companies receiving government supports
(including disclosure comparable to that required under
United States securities laws).
(2) DEFINITIONS.—For purposes of paragraph (1)—
(A) the term ‘‘civil aircraft’’ means those products to
which the Agreement on Trade in Civil Aircraft applies,
(B) the term ‘‘large civil aircraft’’ has the meaning
given that term in Annex II to the US–EC bilateral
agreement,
(C) the term ‘‘indirect support’’ means indirect govern-
ment support as defined in Annex II to the US–EC bilateral
agreement,
(D) the term ‘‘Agreement on Trade in Civil Aircraft’’
means the Agreement on Trade in Civil Aircraft approved
by the Congress under section 2 of the Trade Agreements
Act of 1979, and
(E) the term ‘‘US–EC bilateral agreement’’ means the
Agreement Concerning the Application of the GATT Agree-
ment on Trade in Civil Aircraft Between the European
Economic Community and the Government of the United
States of America on trade in large civil aircraft, entered
into on July 17, 1992.
SEC. 136. REPEAL OF TAX ON IMPORTED PERFUMES; DRAWBACK OF
TAX 
ON 
DISTILLED 
SPIRITS 
USED 
IN 
PERFUME
MANUFACTURE.
(a) REPEAL OF TAX ON IMPORTED PERFUMES.—Subsection (a)
of section 5001 of the Internal Revenue Code of 1986 is amended
by striking paragraph (3) and redesignating the following para-
graphs accordingly.
(b) DRAWBACK OF TAX ON DISTILLED SPIRITS USED IN PERFUME
MANUFACTURE.—Sections 5131(a), 5132, 5134(c)(1), and 7652(g) of
such Code are each amended by striking ‘‘or flavoring extracts’’
and inserting ‘‘flavoring extracts, or perfume’’.
(c) CONFORMING AMENDMENTS.—
(1) Subsection (b) of section 5002 of such Code is amended
by striking paragraph (1) and redesignating the following para-
graphs accordingly.
(2) Subsection (f) of section 5005 of such Code is amended—
(A) by striking ‘‘section 5001(a)(6) and (7)’’ in paragraph
(3) and inserting ‘‘section 5001(a)(5) and (6)’’, and
(B) by striking ‘‘section 5001(a)(5)’’ in paragraph (4)
and inserting ‘‘section 5001(a)(4)’’.
(3) Subsection (b) of section 5007 of such Code is amended
to read as follows:
‘‘(b) COLLECTION OF TAX ON IMPORTED DISTILLED SPIRITS.—
The internal revenue tax imposed by section 5001(a)(1) and (2)
upon imported distilled spirits shall be collected by the Secretary
H. R. 5110—34
and deposited as internal revenue collections, under such regula-
tions as the Secretary may prescribe. Section 5688 shall be
applicable to the disposition of imported spirits.’’.
(4) Paragraph (3) of section 5007(c) of such Code is amended
by striking ‘‘section 5001(a)(5), (6), and (7)’’ and inserting ‘‘sec-
tion 5001(a)(4), (5), and (6)’’.
(5) Paragraph (1) of section 5061(b) of such Code is
amended to read as follows:
‘‘(1) section 5001(a)(4), (5), or (6),’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 1995.
SEC. 137. CERTAIN NONRUBBER FOOTWEAR.
In the case of nonrubber footwear imported from Brazil—
(1) which is subject to Treasury Decision 74-233, dated
September 9, 1974,
(2) which was entered, or withdrawn from warehouse for
consumption, on or before October 28, 1981, and
(3) with respect to which entries are unliquidated on the
date of the enactment of this Act,
countervailing duties shall be assessed at rates equal to the amount
of the cash deposit of the estimated countervailing duties required
on such footwear at the time of entry or withdrawal from warehouse
for consumption. Interest on underpayments of amounts required
to be deposited as countervailing duties shall be paid in accordance
with section 778 of the Tariff Act of 1930 (19 U.S.C. 1677g).
SEC. 138. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section 136(d) and
subsection (b) of this section, this subtitle and the amendments
made by this subtitle take effect on the date of the enactment
of this Act.
(b) SECTIONS 132 AND 135.—Sections 132 and 135 take effect
on the date on which the WTO Agreement enters into force with
respect to the United States.
TITLE II—ANTIDUMPING AND
COUNTERVAILING DUTY PROVISIONS
SEC. 201. REFERENCE.
Except as otherwise expressly provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Tariff Act of 1930.
Subtitle A—General Provisions
SEC. 211. ACTION WITH RESPECT TO PETITIONS.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Section 702(b) (19
U.S.C. 1671a(b)) is amended—
(1) in paragraph (3) by striking ‘‘subsection 702(b)(1)’’ and
inserting ‘‘paragraph (1)’’, and
(2) by adding at the end the following:
‘‘(4) ACTION WITH RESPECT TO PETITIONS.—
H. R. 5110—35
‘‘(A) NOTIFICATION OF GOVERNMENTS.—Upon receipt of
a petition filed under paragraph (1), the administering
authority shall—
‘‘(i) notify the government of any exporting country
named in the petition by delivering a public version
of the petition to an appropriate representative of such
country; and
‘‘(ii) provide the government of any exporting coun-
try named in the petition that is a Subsidies Agreement
country an opportunity for consultations with respect
to the petition.
‘‘(B) ACCEPTANCE OF COMMUNICATIONS.—The admin-
istering authority shall not accept any unsolicited oral or
written communication from any person other than an
interested party described in section 771(9) (C), (D), (E),
(F), or (G) before the administering authority makes its
decision whether to initiate an investigation, except as
provided in subparagraph (A)(ii) and subsection (c)(4)(D),
and except for inquiries regarding the status of the admin-
istering authority’s consideration of the petition.
‘‘(C) NONDISCLOSURE OF CERTAIN INFORMATION.—The
administering authority and the Commission shall not dis-
close information with regard to any draft petition sub-
mitted for review and comment before it is filed under
paragraph (1).’’.
(b) ANTIDUMPING INVESTIGATIONS.—Section 732(b) (19 U.S.C.
1673a(b)) is amended by adding at the end the following:
‘‘(3) ACTION WITH RESPECT TO PETITIONS.—
‘‘(A) NOTIFICATION OF GOVERNMENTS.—Upon receipt of
a petition filed under paragraph (1), the administering
authority shall notify the government of any exporting
country named in the petition by delivering a public version
of the petition to an appropriate representative of such
country.
‘‘(B) ACCEPTANCE OF COMMUNICATIONS.—The admin-
istering authority shall not accept any unsolicited oral or
written communication from any person other than an
interested party described in section 771(9) (C), (D), (E),
(F), or (G) before the administering authority makes its
decision whether to initiate an investigation, except as
provided in subsection (c)(4)(D), and except for inquiries
regarding the status of the administering authority’s
consideration of the petition.
‘‘(C) NONDISCLOSURE OF CERTAIN INFORMATION.—The
administering authority and the Commission shall not dis-
close information with regard to any draft petition sub-
mitted for review and comment before it is filed under
paragraph (1).’’.
SEC. 212. PETITION AND PRELIMINARY DETERMINATION.
(a) GENERAL REQUIREMENTS.—
(1) COUNTERVAILING
DUTY
PETITION.—Section 702(c) (19
U.S.C. 1671a(c)) is amended to read as follows:
‘‘(c) PETITION DETERMINATION.—
‘‘(1) IN GENERAL.—
‘‘(A) TIME FOR INITIAL DETERMINATION.—Except as pro-
vided in subparagraph (B), within 20 days after the date
H. R. 5110—36
on which a petition is filed under subsection (b), the admin-
istering authority shall—
‘‘(i) after examining, on the basis of sources readily
available to the administering authority, the accuracy
and adequacy of the evidence provided in the petition,
determine whether the petition alleges the elements
necessary for the imposition of a duty under section
701(a) and contains information reasonably available
to the petitioner supporting the allegations, and
‘‘(ii) determine if the petition has been filed by
or on behalf of the industry.
‘‘(B) EXTENSION OF TIME.—In any case in which the
administering authority is required to poll or otherwise
determine support for the petition by the industry under
paragraph (4)(D), the administering authority may, in
exceptional circumstances, apply subparagraph (A) by
substituting ‘a maximum of 40 days’ for ‘20 days’.
‘‘(C) TIME LIMITS WHERE PETITION INVOLVES SAME MER-
CHANDISE AS AN ORDER THAT HAS BEEN REVOKED.—If a
petition is filed under this section with respect to merchan-
dise that was the subject merchandise of—
‘‘(i) a countervailing duty order that was revoked
under section 751(d) in the 24 months preceding the
date the petition is filed, or
‘‘(ii) a suspended investigation that was terminated
under section 751(d) in the 24 months preceding the
date the petition is filed,
the administering authority and the Commission shall, to
the maximum extent practicable, expedite any investigation
initiated under this section with respect to the petition.
‘‘(2) AFFIRMATIVE DETERMINATIONS.—If the determinations
under clauses (i) and (ii) of paragraph (1)(A) are affirmative,
the administering authority shall initiate an investigation to
determine whether a countervailable subsidy is being provided
with respect to the subject merchandise.
‘‘(3) NEGATIVE
DETERMINATIONS.—If the determination
under clause (i) or (ii) of paragraph (1)(A) is negative, the
administering authority shall dismiss the petition, terminate
the proceeding, and notify the petitioner in writing of the
reasons for the determination.
‘‘(4) DETERMINATION OF INDUSTRY SUPPORT.—
‘‘(A) GENERAL RULE.—For purposes of this subsection,
the administering authority shall determine that the peti-
tion has been filed by or on behalf of the industry, if—
‘‘(i) the domestic producers or workers who support
the petition account for at least 25 percent of the
total production of the domestic like product, and
‘‘(ii) the domestic producers or workers who sup-
port the petition account for more than 50 percent
of the production of the domestic like product produced
by that portion of the industry expressing support for
or opposition to the petition.
‘‘(B) CERTAIN POSITIONS DISREGARDED.—
‘‘(i) PRODUCERS RELATED TO FOREIGN PRODUCERS.—
In determining industry support under subparagraph
(A), the administering authority shall disregard the
position of domestic producers who oppose the petition,
H. R. 5110—37
if such producers are related to foreign producers, as
defined in section 771(4)(B)(ii), unless such domestic
producers demonstrate that their interests as domestic
producers would be adversely affected by the imposi-
tion of a countervailing duty order.
‘‘(ii) PRODUCERS WHO ARE IMPORTERS.—The admin-
istering authority may disregard the position of domes-
tic producers of a domestic like product who are
importers of the subject merchandise.
‘‘(C) SPECIAL RULE FOR REGIONAL INDUSTRIES.—If the
petition alleges that the industry is a regional industry,
the administering authority shall determine whether the
petition has been filed by or on behalf of the industry
by applying subparagraph (A) on the basis of production
in the region.
‘‘(D) POLLING THE INDUSTRY.—If the petition does not
establish support of domestic producers or workers account-
ing for more than 50 percent of the total production of
the domestic like product, the administering authority
shall—
‘‘(i) poll the industry or rely on other information
in order to determine if there is support for the petition
as required by subparagraph (A), or
‘‘(ii) if there is a large number of producers in
the industry, the administering authority may deter-
mine industry support for the petition by using any
statistically valid sampling method to poll the industry.
‘‘(E) COMMENTS BY INTERESTED PARTIES.—Before the
administering authority makes a determination with
respect to initiating an investigation, any person who would
qualify as an interested party under section 771(9) if an
investigation were initiated, may submit comments or
information on the issue of industry support. After the
administering authority makes a determination with
respect to initiating an investigation, the determination
regarding industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR WORKERS.—
For purposes of this subsection, the term ‘domestic producers
or workers’ means those interested parties who are eligible
to file a petition under subsection (b)(1)(A).’’.
(2) ANTIDUMPING DUTY PETITION.—Section 732(c) (19 U.S.C.
1673a(c)) is amended to read as follows:
‘‘(c) PETITION DETERMINATION.—
‘‘(1) IN GENERAL.—
‘‘(A) TIME FOR INITIAL DETERMINATION.—Except as pro-
vided in subparagraph (B), within 20 days after the date
on which a petition is filed under subsection (b), the admin-
istering authority shall—
‘‘(i) after examining, on the basis of sources readily
available to the administering authority, the accuracy
and adequacy of the evidence provided in the petition,
determine whether the petition alleges the elements
necessary for the imposition of a duty under section
731 and contains information reasonably available to
the petitioner supporting the allegations, and
‘‘(ii) determine if the petition has been filed by
or on behalf of the industry.
H. R. 5110—38
‘‘(B) EXTENSION OF TIME.—In any case in which the
administering authority is required to poll or otherwise
determine support for the petition by the industry under
paragraph (4)(D), the administering authority may, in
exceptional circumstances, apply subparagraph (A) by
substituting ‘a maximum of 40 days’ for ‘20 days’.
‘‘(C) TIME LIMITS WHERE PETITION INVOLVES SAME MER-
CHANDISE AS AN ORDER THAT HAS BEEN REVOKED.—If a
petition is filed under this section with respect to merchan-
dise that was the subject merchandise of—
‘‘(i) an antidumping duty order or finding that
was revoked under section 751(d) in the 24 months
preceding the date the petition is filed, or
‘‘(ii) a suspended investigation that was terminated
under section 751(d) in the 24 months preceding the
date the petition is filed,
the administering authority and the Commission shall, to
the maximum extent practicable, expedite any investigation
initiated under this section with respect to the petition.
‘‘(2) AFFIRMATIVE DETERMINATIONS.—If the determinations
under clauses (i) and (ii) of paragraph (1)(A) are affirmative,
the administering authority shall initiate an investigation to
determine whether the subject merchandise is being, or is likely
to be, sold in the United States at less than its fair value.
‘‘(3) NEGATIVE
DETERMINATIONS.—If the determination
under clause (i) or (ii) of paragraph (1)(A) is negative, the
administering authority shall dismiss the petition, terminate
the proceeding, and notify the petitioner in writing of the
reasons for the determination.
‘‘(4) DETERMINATION OF INDUSTRY SUPPORT.—
‘‘(A) GENERAL RULE.—For purposes of this subsection,
the administering authority shall determine that the peti-
tion has been filed by or on behalf of the industry, if—
‘‘(i) the domestic producers or workers who support
the petition account for at least 25 percent of the
total production of the domestic like product, and
‘‘(ii) the domestic producers or workers who sup-
port the petition account for more than 50 percent
of the production of the domestic like product produced
by that portion of the industry expressing support for
or opposition to the petition.
‘‘(B) CERTAIN POSITIONS DISREGARDED.—
‘‘(i) PRODUCERS RELATED TO FOREIGN PRODUCERS.—
In determining industry support under subparagraph
(A), the administering authority shall disregard the
position of domestic producers who oppose the petition,
if such producers are related to foreign producers, as
defined in section 771(4)(B)(ii), unless such domestic
producers demonstrate that their interests as domestic
producers would be adversely affected by the imposi-
tion of an antidumping duty order.
‘‘(ii) PRODUCERS WHO ARE IMPORTERS.—The admin-
istering authority may disregard the position of domes-
tic producers of a domestic like product who are
importers of the subject merchandise.
‘‘(C) SPECIAL RULE FOR REGIONAL INDUSTRIES.—If the
petition alleges the industry is a regional industry, the
H. R. 5110—39
administering authority shall determine whether the peti-
tion has been filed by or on behalf of the industry by
applying subparagraph (A) on the basis of production in
the region.
‘‘(D) POLLING THE INDUSTRY.—If the petition does not
establish support of domestic producers or workers account-
ing for more than 50 percent of the total production of
the domestic like product, the administering authority
shall—
‘‘(i) poll the industry or rely on other information
in order to determine if there is support for the petition
as required by subparagraph (A), or
‘‘(ii) if there is a large number of producers in
the industry, the administering authority may deter-
mine industry support for the petition by using any
statistically valid sampling method to poll the industry.
‘‘(E) COMMENTS BY INTERESTED PARTIES.—Before the
administering authority makes a determination with
respect to initiating an investigation, any person who would
qualify as an interested party under section 771(9) if an
investigation were initiated, may submit comments or
information on the issue of industry support. After the
administering authority makes a determination with
respect to initiating an investigation, the determination
regarding industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR WORKERS.—
For purposes of this subsection, the term ‘domestic producers
or workers’ means those interested parties who are eligible
to file a petition under subsection (b)(1)(A).’’.
(b) DETERMINATION
BY
THE
COMMISSION
OF
REASONABLE
INDICATION
OF
INJURY; PRELIMINARY
DETERMINATION
BY
THE
ADMINISTERING AUTHORITY.—
(1) COUNTERVAILING DUTY INVESTIGATIONS.—
(A) Section 703(a) (19 U.S.C. 1671b(a)) is amended
to read as follows:
‘‘(a) DETERMINATION BY COMMISSION OF REASONABLE INDICA-
TION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a petition dis-
missed by the administering authority under section 702(c)(3),
the Commission, within the time specified in paragraph (2),
shall determine, based on the information available to it at
the time of the determination, whether there is a reasonable
indication that—
‘‘(A) an industry in the United States—
‘‘(i) is materially injured, or
‘‘(ii) is threatened with material injury, or
‘‘(B) the establishment of an industry in the United
States is materially retarded,
by reason of imports of the subject merchandise and that
imports of the subject merchandise are not negligible. If the
Commission finds that imports of the subject merchandise are
negligible or otherwise makes a negative determination under
this paragraph, the investigation shall be terminated.
‘‘(2) TIME FOR COMMISSION DETERMINATION.—The Commis-
sion shall make the determination described in paragraph (1)—
‘‘(A) in the case of a petition filed under section 702(b)—
H. R. 5110—40
‘‘(i) within 45 days after the date on which the
petition is filed, or
‘‘(ii) if the time has been extended pursuant to
section 702(c)(1)(B), within 25 days after the date on
which the Commission receives notice from the admin-
istering authority of initiation of the investigation, and
‘‘(B) in the case of an investigation initiated under
section 702(a), within 45 days after the date on which
the Commission receives notice from the administering
authority that an investigation has been initiated under
such section.’’.
(B) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is
amended by adding at the end the following: ‘‘If the
Commission determines that imports of the subject mer-
chandise are negligible, the investigation shall be termi-
nated.’’.
(C) Section 703(b) (19 U.S.C. 1671b(b)) is amended—
(i) in paragraph (1)—
(I) by striking ‘‘85 days after the date on which
the petition is filed under section 702(b)’’ and
inserting ‘‘65 days after the date on which the
administering authority initiates an investigation
under section 702(c)’’;
(II) by striking ‘‘best information’’ and insert-
ing ‘‘information’’; and
(III) by striking the last sentence; and
(ii) in paragraph (2), by striking ‘‘85 days after
the date on which the petition is filed under section
702(b)’’ and inserting ‘‘65 days after the date on which
the administering authority initiates an investigation
under section 702(c)’’.
(D) Section 703(c)(1) (19 U.S.C. 1671b(c)) is amended
by striking ‘‘150th day after the date on which a petition
is filed under section 702(b)’’ and inserting ‘‘130th day
after the date on which the administering authority initi-
ates an investigation under section 702(c)’’.
(E) Section 702(b)(3) (19 U.S.C. 1671a(b)(3)) is amended
by striking ‘‘twenty days’’ and inserting ‘‘5 days after the
date on which the administering authority initiates an
investigation under subsection (c),’’.
(F) Section 703(f) (19 U.S.C. 1671b(f)) is amended to
read as follows:
‘‘(f) NOTICE
OF DETERMINATION.—Whenever the Commission
or the administering authority makes a determination under this
section, the Commission or the administering authority, as the
case may be, shall notify the petitioner, and other parties to the
investigation, and the Commission or the administering authority
(whichever is appropriate) of its determination. The administering
authority shall include with such notification the facts and conclu-
sions on which its determination is based. Not later than 5 days
after the date on which the determination is required to be made
under subsection (a)(2), the Commission shall transmit to the
administering authority the facts and conclusions on which its
determination is based.’’.
(2) ANTIDUMPING DUTY INVESTIGATIONS.—
(A) Section 733(a) (19 U.S.C. 1673b(a)) is amended
to read as follows:
H. R. 5110—41
‘‘(a) DETERMINATION BY COMMISSION OF REASONABLE INDICA-
TION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a petition dis-
missed by the administering authority under section 732(c)(3),
the Commission, within the time specified in paragraph (2),
shall determine, based on the information available to it at
the time of the determination, whether there is a reasonable
indication that—
‘‘(A) an industry in the United States—
‘‘(i) is materially injured, or
‘‘(ii) is threatened with material injury, or
‘‘(B) the establishment of an industry in the United
States is materially retarded,
by reason of imports of the subject merchandise and that
imports of the subject merchandise are not negligible. If the
Commission finds that imports of the subject merchandise are
negligible or otherwise makes a negative determination under
this paragraph, the investigation shall be terminated.
‘‘(2) TIME FOR COMMISSION DETERMINATION.—The Commis-
sion shall make the determination described in paragraph (1)—
‘‘(A) in the case of a petition filed under section 732(b)—
‘‘(i) within 45 days after the date on which the
petition is filed, or
‘‘(ii) if the time has been extended pursuant to
section 732(c)(1)(B), within 25 days after the date on
which the Commission receives notice from the admin-
istering authority of initiation of the investigation, and
‘‘(B) in the case of an investigation initiated under
section 732(a), within 45 days after the date on which
the Commission receives notice from the administering
authority that an investigation has been initiated under
such section.’’.
(B) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) is
amended by adding at the end the following: ‘‘If the
Commission determines that imports of the subject mer-
chandise 
are 
negligible, 
the 
investigation 
shall 
be
terminated.’’.
(C) Section 733(b)(1) (19 U.S.C. 1673b(b)(1)) is
amended—
(i) in subparagraph (A)—
(I) by striking ‘‘160 days after the date on
which a petition is filed under section 732(b)’’ and
inserting ‘‘140 days after the date on which the
administering authority initiates an investigation
under section 732(c)’’; and
(II) by striking ‘‘best information’’ and insert-
ing ‘‘information’’; and
(ii) in subparagraph (B)—
(I) by striking ‘‘120’’ and inserting ‘‘100’’;
(II) by striking ‘‘160’’ and inserting ‘‘140’’;
(III) by striking ‘‘100’’ and inserting ‘‘80’’; and
(IV) by striking ‘‘160’’ and inserting ‘‘140’’.
(D) Section 733(c)(1) (19 U.S.C. 1673b(c)(1)) is amended
by striking ‘‘210th day after the date on which a petition
is filed under section 732(b)’’ and inserting ‘‘190th day
after the date on which the administering authority initi-
ates an investigation under section 732(c)’’.
H. R. 5110—42
(E) Section 733(f) (19 U.S.C. 1673b(f)) is amended to
read as follows:
‘‘(f) NOTICE
OF DETERMINATION.—Whenever the Commission
or the administering authority makes a determination under this
section, the Commission or the administering authority, as the
case may be, shall notify the petitioner, and other parties to the
investigation, and the Commission or the administering authority
(whichever is appropriate) of its determination. The administering
authority shall include with such notification the facts and conclu-
sions on which its determination is based. Not later than 5 days
after the date on which the determination is required to be made
under subsection (a)(2), the Commission shall transmit to the
administering authority the facts and conclusions on which its
determination is based.’’.
SEC. 213. DE MINIMIS DUMPING MARGIN.
(a) PRELIMINARY DETERMINATIONS.—Section 733(b) (19 U.S.C.
1673b(b)) is amended by adding at the end the following new
paragraph:
‘‘(3) DE MINIMIS DUMPING MARGIN.—In making a determina-
tion under this subsection, the administering authority shall
disregard any weighted average dumping margin that is de
minimis. For purposes of the preceding sentence, a weighted
average dumping margin is de minimis if the administering
authority determines that it is less than 2 percent ad valorem
or the equivalent specific rate for the subject merchandise.’’.
(b) 
FINAL
DETERMINATIONS.—Section 
735(a) 
(19 
U.S.C.
1673d(a)) is amended by adding at the end the following new
paragraph:
‘‘(4) DE MINIMIS DUMPING MARGIN.—In making a determina-
tion under this subsection, the administering authority shall
disregard any weighted average dumping margin that is de
minimis as defined in section 733(b)(3).’’.
SEC. 214. CRITICAL CIRCUMSTANCES.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—
(1) PRELIMINARY DETERMINATIONS.—Section 703(e)(1) (19
U.S.C. 1671b(e)(1)) is amended—
(A) in the matter preceding subparagraph (A) by strik-
ing ‘‘best information’’ and inserting ‘‘information’’; and
(B) by amending subparagraphs (A) and (B) to read
as follows:
‘‘(A) the alleged countervailable subsidy is inconsistent
with the Subsidies Agreement, and
‘‘(B) there have been massive imports of the subject
merchandise over a relatively short period.’’.
(2) FINAL
DETERMINATIONS.—(A) Section 705(a)(2) (19
U.S.C. 1671d(a)(2)) is amended—
(i) in subparagraph (A) by inserting ‘‘Subsidies’’ before
‘‘Agreement’’; and
(ii) in subparagraph (B) by striking ‘‘class or kind
of merchandise involved’’ and inserting ‘‘subject merchan-
dise’’.
(B) Section 705(b)(4)(A) (19 U.S.C. 1671d(b)(4)) is amended
to read as follows:
‘‘(A) 
COMMISSION
STANDARD
FOR
RETROACTIVE
APPLICATION.—
H. R. 5110—43
‘‘(i) IN GENERAL.—If the finding of the administer-
ing authority under subsection (a)(2) is affirmative,
then the final determination of the Commission shall
include a finding as to whether the imports subject
to the affirmative determination under subsection
(a)(2) are likely to undermine seriously the remedial
effect of the countervailing duty order to be issued
under section 706.
‘‘(ii) FACTORS TO CONSIDER.—In making the evalua-
tion under clause (i), the Commission shall consider,
among other factors it considers relevant—
‘‘(I) the timing and the volume of the imports,
‘‘(II) any rapid increase in inventories of the
imports, and
‘‘(III) any other circumstances indicating that
the remedial effect of the countervailing duty order
will be seriously undermined.’’.
(b) ANTIDUMPING INVESTIGATIONS.—
(1) PRELIMINARY DETERMINATIONS.—Section 733(e)(1) (19
U.S.C. 1673b(e)(1)) is amended—
(A) in the matter preceding subparagraph (A) by strik-
ing ‘‘best information’’ and inserting ‘‘information’’; and
(B) by amending subparagraphs (A) and (B) to read
as follows:
‘‘(A)(i) there is a history of dumping and material injury
by reason of dumped imports in the United States or else-
where of the subject merchandise, or
‘‘(ii) the person by whom, or for whose account, the
merchandise was imported knew or should have known
that the exporter was selling the subject merchandise at
less than its fair value and that there was likely to be
material injury by reason of such sales, and
‘‘(B) there have been massive imports of the subject
merchandise over a relatively short period.’’.
(2) FINAL
DETERMINATIONS.—(A) Section 735(a)(3) (19
U.S.C. 1673d(a)(3)) is amended—
(i) in clause (i) of subparagraph (A)—
(I) by inserting ‘‘and material injury by reason
of dumped imports’’ after ‘‘history of dumping’’; and
(II) by striking ‘‘class or kind of the merchandise
which is the subject of the investigation’’ and inserting
‘‘subject merchandise’’;
(ii) in clause (ii) of subparagraph (A) by striking ‘‘mer-
chandise which is the subject of the investigation at less
than its fair value’’ and inserting ‘‘subject merchandise
at less than its fair value and that there would be material
injury by reason of such sales’’; and
(iii) in subparagraph (B) by striking ‘‘merchandise
which is the subject of the investigation’’ and inserting
‘‘subject merchandise’’.
(B) Section 735(b)(4)(A) (19 U.S.C. 1673d(b)(4)(A)) is
amended to read as follows:
‘‘(A) 
COMMISSION
STANDARD
FOR
RETROACTIVE
APPLICATION.—
‘‘(i) IN GENERAL.—If the finding of the administer-
ing authority under subsection (a)(3) is affirmative,
then the final determination of the Commission shall
H. R. 5110—44
include a finding as to whether the imports subject
to the affirmative determination under subsection
(a)(3) are likely to undermine seriously the remedial
effect of the antidumping duty order to be issued under
section 736.
‘‘(ii) FACTORS TO CONSIDER.—In making the evalua-
tion under clause (i), the Commission shall consider,
among other factors it considers relevant—
‘‘(I) the timing and the volume of the imports,
‘‘(II) a rapid increase in inventories of the
imports, and
‘‘(III) any other circumstances indicating that
the remedial effect of the antidumping order will
be seriously undermined.’’.
SEC. 215. PROVISIONAL MEASURES.
(a) COUNTERVAILING DUTIES.—
(1) SUSPENSION OF LIQUIDATION.—Section 703(d) (19 U.S.C.
1671b(d)) is amended—
(A) in paragraph (1), by striking ‘‘warehouse’’ and all
that follows through ‘‘Register,’’ and inserting ‘‘warehouse,
for consumption on or after the later of—
‘‘(A) the date on which notice of the determination
is published in the Federal Register, or
‘‘(B) the date that is 60 days after the date on which
notice of the determination to initiate the investigation
is published in the Federal Register,’’; and
(B) by adding at the end the following:
‘‘The instructions of the administering authority under paragraphs
(1) and (2) may not remain in effect for more than 4 months.’’.
(2) CRITICAL CIRCUMSTANCES CASES.—Section 703(e)(2) (19
U.S.C. 1671b(e)(2)) is amended by striking ‘‘warehouse, for
consumption on or after the date which is 90 days before
the date on which suspension of liquidation was first ordered.’’
and inserting ‘‘warehouse, for consumption on or after the
later of—
‘‘(A) the date which is 90 days before the date on
which the suspension of liquidation was first ordered, or
‘‘(B) the date on which notice of the determination
to initiate the investigation is published in the Federal
Register.’’.
(b) ANTIDUMPING DUTIES.—
(1) SUSPENSION OF LIQUIDATION.—Section 733(d) (19 U.S.C.
1673b(d)) is amended—
(A) in paragraph (1), by striking ‘‘warehouse’’ and all
that follows through ‘‘Register,’’ and inserting ‘‘warehouse,
for consumption on or after the later of—
‘‘(A) the date on which notice of the determination
is published in the Federal Register, or
‘‘(B) the date that is 60 days after the date on which
notice of the determination to initiate the investigation
is published in the Federal Register,’’; and
(B) by adding at the end the following:
‘‘The instructions of the administering authority under paragraphs
(1) and (2) may not remain in effect for more than 4 months,
except that the administering authority may, at the request of
exporters representing a significant proportion of exports of the
H. R. 5110—45
subject merchandise, extend that 4-month period to not more than
6 months.’’.
(2) CRITICAL CIRCUMSTANCES CASES.—Section 733(e)(2) (19
U.S.C. 1673b(e)(2)) is amended by striking ‘‘warehouse, for
consumption on or after the date which is 90 days before
the date on which suspension of liquidation was first ordered.’’
and inserting ‘‘warehouse, for consumption on or after the
later of—
‘‘(A) the date which is 90 days before the date on
which the suspension of liquidation was first ordered, or
‘‘(B) the date on which notice of the determination
to initiate the investigation is published in the Federal
Register.’’.
SEC. 216. CONDITIONS 
ON 
ACCEPTANCE 
OF 
SUSPENSION
AGREEMENTS.
(a) COUNTERVAILING
DUTIES.—Section 704(d)(1) (19 U.S.C.
1671c(d)(1)) is amended by striking ‘‘In applying’’ and inserting
the following:
‘‘Where practicable, the administering authority shall provide
to the exporters who would have been subject to the agreement
the reasons for not accepting the agreement and, to the extent
possible, an opportunity to submit comments thereon. In apply-
ing’’.
(b) ANTIDUMPING DUTIES.—Section 734(d) (19 U.S.C. 1673c(d))
is amended by adding at the end the following flush sentence:
‘‘Where practicable, the administering authority shall provide to
the exporters who would have been subject to the agreement the
reasons for not accepting the agreement and, to the extent possible,
an opportunity to submit comments thereon.’’.
SEC. 217. TERMINATION OF INVESTIGATION.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Section 704(a)(1)
(19 U.S.C. 1671c(a)(1)) is amended—
(1) by striking ‘‘Except’’ and inserting ‘‘(A) WITHDRAWAL
OF PETITION.—Except’’;
(2) by indenting the text so as to align it with subparagraph
(B) (as added by paragraph (3) of this subsection); and
(3) by adding at the end the following:
‘‘(B) REFILING OF PETITION.—If, within 3 months after
the withdrawal of a petition under subparagraph (A), a
new petition is filed seeking the imposition of duties on
both the subject merchandise of the withdrawn petition
and the subject merchandise from another country, the
administering authority and the Commission may use in
the investigation initiated pursuant to the new petition
any records compiled in an investigation conducted pursu-
ant to the withdrawn petition. This subparagraph applies
only with respect to the first withdrawal of a petition.’’.
(b) ANTIDUMPING DUTY INVESTIGATIONS.—Section 734(a)(1) (19
U.S.C. 1673c(a)(1)) is amended—
(1) by striking ‘‘Except’’ and inserting ‘‘(A) WITHDRAWAL
OF PETITION.—Except’’;
(2) by indenting the text so as to align it with subparagraph
(B) (as added by paragraph (3) of this subsection); and
(3) by adding at the end the following:
‘‘(B) REFILING OF PETITION.—If, within 3 months after
the withdrawal of a petition under subparagraph (A), a
new petition is filed seeking the imposition of duties on
H. R. 5110—46
both the subject merchandise of the withdrawn petition
and the subject merchandise from another country, the
administering authority and the Commission may use in
the investigation initiated pursuant to the new petition
any records compiled in an investigation conducted pursu-
ant to the withdrawn petition. This subparagraph applies
only with respect to the first withdrawal of a petition.’’.
SEC. 218. SPECIAL RULES FOR REGIONAL INDUSTRIES.
(a) SUSPENSION AGREEMENTS.—
(1) COUNTERVAILING
DUTY
INVESTIGATIONS.—Section 704
(19 U.S.C. 1671c) is amended by adding at the end the following
new subsection:
‘‘(l) SPECIAL RULE FOR REGIONAL INDUSTRY INVESTIGATIONS.—
‘‘(1) SUSPENSION AGREEMENTS.—If the Commission makes
a regional industry determination under section 771(4)(C), the
administering authority shall offer exporters of the subject
merchandise who account for substantially all exports of that
merchandise for sale in the region concerned the opportunity
to enter into an agreement described in subsection (b) or (c).
‘‘(2) REQUIREMENTS
FOR
SUSPENSION
AGREEMENTS.—Any
agreement described in paragraph (1) shall be subject to all
the requirements imposed under this section for other agree-
ments under subsection (b) or (c), except that if the Commission
makes a regional industry determination described in para-
graph (1) in the final affirmative determination under section
705(b) but not in the preliminary affirmative determination
under section 703(a), any agreement described in paragraph
(1) may be accepted within 60 days after the countervailing
duty order is published under section 706.
‘‘(3) EFFECT OF SUSPENSION AGREEMENT ON COUNTERVAIL-
ING
DUTY
ORDER.—If an agreement described in paragraph
(1) is accepted after the countervailing duty order is published,
the administering authority shall rescind the order, refund
any cash deposit and release any bond or other security depos-
ited under section 703(d)(1)(B), and instruct the Customs Serv-
ice that entries of the subject merchandise that were made
during the period that the order was in effect shall be liquidated
without regard to countervailing duties.’’.
(2) ANTIDUMPING INVESTIGATIONS.—Section 734 (19 U.S.C.
1673c) is amended by adding at the end the following new
subsection:
‘‘(m) SPECIAL RULE FOR REGIONAL INDUSTRY INVESTIGATIONS.—
‘‘(1) SUSPENSION AGREEMENTS.—If the Commission makes
a regional industry determination under section 771(4)(C), the
administering authority shall offer exporters of the subject
merchandise who account for substantially all exports of that
merchandise for sale in the region concerned the opportunity
to enter into an agreement described in subsection (b), (c),
or (l).
‘‘(2) REQUIREMENTS
FOR
SUSPENSION
AGREEMENTS.—Any
agreement described in paragraph (1) shall be subject to all
the requirements imposed under this section for other agree-
ments under subsection (b), (c), or (l), except that if the Commis-
sion makes a regional industry determination described in
paragraph (1) in the final affirmative determination under sec-
tion 735(b) but not in the preliminary affirmative determination
H. R. 5110—47
under section 733(a), any agreement described in paragraph
(1) may be accepted within 60 days after the antidumping
order is published under section 736.
‘‘(3) EFFECT OF SUSPENSION AGREEMENT ON ANTIDUMPING
DUTY ORDER.—If an agreement described in paragraph (1) is
accepted after the antidumping duty order is published, the
administering authority shall rescind the order, refund any
cash deposit and release any bond or other security deposited
under section 733(d)(1)(B), and instruct the Customs Service
that entries of the subject merchandise that were made during
the period that the order was in effect shall be liquidated
without regard to antidumping duties.’’.
(b) APPLICABILITY OF ORDERS TO NEW SHIPPERS.—
(1) COUNTERVAILING DUTY CASES.—Section 706 (19 U.S.C.
1671e) is amended by adding at the end the following new
subsection:
‘‘(c) SPECIAL RULE FOR REGIONAL INDUSTRIES.—
‘‘(1) IN GENERAL.—In an investigation under this subtitle
in which the Commission makes a regional industry determina-
tion under section 771(4)(C), the administering authority shall,
to the maximum extent possible, direct that duties be assessed
only on the subject merchandise of the specific exporters or
producers that exported the subject merchandise for sale in
the region concerned during the period of investigation.
‘‘(2) EXCEPTION
FOR
NEW
EXPORTERS
AND
PRODUCERS.—
After publication of the countervailing duty order, if the admin-
istering authority finds that a new exporter or producer is
exporting the subject merchandise for sale in the region con-
cerned, the administering authority shall direct that duties
be assessed on the subject merchandise of the new exporter
or 
producer 
consistent 
with 
the 
provisions 
of 
section
751(a)(2)(B).’’.
(2) ANTIDUMPING
DUTY
CASES.—Section 736 (19 U.S.C.
1673e) is amended by adding at the end the following new
subsection:
‘‘(d) SPECIAL RULE FOR REGIONAL INDUSTRIES.—
‘‘(1) IN GENERAL.—In an investigation in which the Commis-
sion makes a regional industry determination under section
771(4)(C), the administering authority shall, to the maximum
extent possible, direct that duties be assessed only on the
subject merchandise of the specific exporters or producers that
exported the subject merchandise for sale in the region con-
cerned during the period of investigation.
‘‘(2) EXCEPTION
FOR
NEW
EXPORTERS
AND
PRODUCERS.—
After publication of the antidumping duty order, if the admin-
istering authority finds that a new exporter or producer is
exporting the subject merchandise for sale in the region con-
cerned, the administering authority shall direct that duties
be assessed on the subject merchandise of the new exporter
or 
producer 
consistent 
with 
the 
provisions 
of 
section
751(a)(2)(B).’’.
SEC. 219. DETERMINATION 
OF 
WEIGHTED 
AVERAGE 
DUMPING
MARGIN.
(a) PRELIMINARY DETERMINATION.—
(1) IN GENERAL.—Section 733(d) (19 U.S.C. 1673b(d)) is
amended—
H. R. 5110—48
(A) by striking paragraph (2);
(B) by redesignating paragraph (1), as amended by
section 215(b)(1)(A), as paragraph (2);
(C) by inserting ‘‘and’’ at the end of paragraph (2),
as so redesignated; and
(D) by inserting before such paragraph (2) the following
new paragraph:
‘‘(1)(A) shall—
‘‘(i) determine an estimated weighted average dumping
margin for each exporter and producer individually inves-
tigated, and
‘‘(ii) determine, in accordance with section 735(c)(5),
an estimated all-others rate for all exporters and producers
not individually investigated, and
‘‘(B) shall order the posting of a cash deposit, bond, or
other security, as the administering authority deems appro-
priate, for each entry of the subject merchandise in an amount
based on the estimated weighted average dumping margin or
the estimated all-others rate, whichever is applicable,’’.
(2) CONFORMING
AMENDMENTS.—Section 733(b)(1)(A) (19
U.S.C. 1673b(b)(1)(A)) is amended by striking the last sentence.
(b) FINAL DETERMINATION.—
(1) IN GENERAL.—Section 735(c)(1) (19 U.S.C. 1673d(c)(1))
is amended—
(A) in subparagraph (B)—
(i) by redesignating such subparagraph as subpara-
graph (C); and
(ii) by striking ‘‘under paragraphs (1) and (2)’’ and
all that follows through ‘‘security’’ and inserting ‘‘the
suspension of liquidation under section 733(d)(2)’’;
(B) by striking ‘‘and’’ at the end of subparagraph (A);
and
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B)(i) the administering authority shall—
‘‘(I) determine the estimated weighted average
dumping margin for each exporter and producer
individually investigated, and
‘‘(II) determine, in accordance with paragraph (5),
the estimated all-others rate for all exporters and
producers not individually investigated, and
‘‘(ii) the administering authority shall order the posting
of a cash deposit, bond, or other security, as the administer-
ing authority deems appropriate, for each entry of the
subject merchandise in an amount based on the estimated
weighted average dumping margin or the estimated all-
others rate, whichever is applicable, and’’.
(2) METHOD FOR DETERMINING WEIGHTED AVERAGE DUMPING
MARGIN.—Section 735(c) (19 U.S.C. 1673d(c)) is amended by
adding at the end the following new paragraph:
‘‘(5) METHOD
FOR
DETERMINING
ESTIMATED
ALL-OTHERS
RATE.—
‘‘(A) GENERAL RULE.—For purposes of this subsection
and section 733(d), the estimated all-others rate shall be
an amount equal to the weighted average of the estimated
weighted average dumping margins established for export-
ers and producers individually investigated, excluding any