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liberalizing commitments. On November 7, 2006, the 
WTO General Council approved Vietnam’s member-
ship. Vietnam’s National Assembly ratified Vietnam’s 
WTO accession commitments on November 28, 2006, 
and Vietnam will become the 150th Member of the 
WTO 30 days thereafter. 
(7) On November 13, 2006, the Department of 
State removed Vietnam from its list of Countries of 
Particular Concern (CPC) for severe violations of re-
ligious freedom. In reaching this determination, the 
Department of State cited significant improvements 
in Vietnam toward advancing religious freedom, 
though problems remain that merit immediate atten-
tion and important work remains to be done to fully 
protect religious freedom in Vietnam. 
SEC. 4002. TERMINATION OF APPLICATION OF TITLE IV OF 
THE TRADE ACT OF 1974 TO VIETNAM. 
(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION 
OF NON-DISCRIMINATORY TREATMENT.—Notwithstanding 
any provision of title IV of the Trade Act of 1974 (19 U.S.C. 
2431 et seq.), the President may—
(1) determine that such title should no longer 
apply to Vietnam; and 
(2) after making a determination under para-
graph (1) with respect to Vietnam, proclaim the ex-
513
tension of nondiscriminatory treatment (normal trade 
relations treatment) to the products of that country. 
(b) TERMINATION OF THE APPLICABILITY OF TITLE 
IV.—On and after the effective date of the extension of non-
discriminatory treatment to the products of Vietnam under 
subsection (a), title IV of the Trade Act of 1974 shall cease 
to apply to that country. 
SEC. 4003. PROCEDURE FOR DETERMINING PROHIBITED 
SUBSIDIES BY VIETNAM. 
(a) AUTHORITY OF TRADE REPRESENTATIVE.—The 
Trade Representative may conduct proceedings under this 
section to determine whether the Government of Vietnam 
is providing, on or after the date on which Vietnam accedes 
to the World Trade Organization, a prohibited subsidy to 
its textile or apparel industry, if such proceedings are 
begun, and consultations under section 4004 are initiated, 
during the 1-year period beginning on the date on which 
Vietnam accedes to the World Trade Organization. 
(b) PETITIONS.—
(1) FILING.—Any interested person may file a 
petition with the Trade Representative requesting 
that the Trade Representative make a determination 
under subsection (a). The petition shall set forth the 
allegations in support of the request.
514
(2) REVIEW BY TRADE REPRESENTATIVE.— The 
Trade Representative shall review the allegations in 
any petition filed under paragraph (1) and, not later 
than 20 days after the date on which the Trade Rep-
resentative receives the petition, shall determine 
whether to initiate proceedings to make a determina-
tion under subsection (a). 
(3) PROCEDURES.—
(A) DETERMINATION
TO
INITIATE
PRO-
CEEDINGS.—If the Trade Representative makes 
an affirmative determination under paragraph 
(2) with respect to a petition, the Trade Rep-
resentative shall publish a summary of the peti-
tion in the Federal Register and notice of the 
initiation of proceedings under this section. 
(B) DETERMINATION NOT TO INITIATE PRO-
CEEDINGS.—If the Trade Representative deter-
mines not to initiate proceedings with respect to 
a petition, the Trade Representative shall inform 
the petitioner of the reasons therefor and shall 
publish notice of the determination, together with 
a summary of those reasons, in the Federal Reg-
ister. 
(c) INITIATION OF PROCEEDINGS BY OTHER MEANS.—
If the Trade Representative determines, in the absence of
515
a petition, that proceedings should be initiated under this 
section, the Trade Representative shall publish in the Fed-
eral Register that determination, together with the reasons 
therefor, and notice of the initiation of proceedings under 
this section. 
SEC. 4004. CONSULTATIONS UPON INITIATION OF INVES-
TIGATION. 
If the Trade Representative initiates a proceeding 
under subsection (b)(3)(A) or (c) of section 4003, the Trade 
Representative, on behalf of the United States, shall, on the 
day on which notice thereof is published under the applica-
ble subsection, so notify the Government of Vietnam and 
request consultations with that government regarding the 
subsidy. 
SEC. 4005. PUBLIC PARTICIPATION AND CONSULTATION. 
(a) PUBLIC PARTICIPATION.—In the notice published 
under subsection (b)(3)(A) or (c) of section 4003, the Trade 
Representative shall provide an opportunity to the public 
for the presentation of views concerning the issues—
(1) within the 30-day period beginning on the 
date of the notice (or on a date after such period if 
agreed to by the petitioner), or 
(2) at such other time if a timely request therefor 
is made by the petitioner or by any interested person, 
with a public hearing if requested by an interested person.
516
(b) CONSULTATION.—The Trade Representative shall 
consult with the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance 
of the Senate, and with the appropriate advisory commit-
tees established under section 135 of the Trade Act of 1974 
(19 U.S.C. 2155), with respect to whether to initiate pro-
ceedings under section 4003 and, if proceedings are con-
ducted, with respect to making the determination under 
subsection (c). 
(c) DETERMINATION.—After considering all comments 
submitted, and within 30 days after the close of the com-
ment period under subsection (a), the Trade Representative 
shall determine whether the Government of Vietnam is pro-
viding, on or after the date on which Vietnam accedes to 
the World Trade Organization, a prohibited subsidy to its 
textile or apparel industry. The Trade Representative shall 
publish that determination in the Federal Register, together 
with the justification for the determination. 
(d) RECORD.—The Trade Representative shall make 
available to the public a complete record of all nonconfiden-
tial information presented in proceedings conducted under 
this section, together with a summary of confidential infor-
mation so submitted.
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SEC. 4006. ARBITRATION AND IMPOSITION OF QUOTAS. 
(a) ARBITRATION.—If, within 60 days after consulta-
tions are requested under section 4004, in a case in which 
the Trade Representative makes an affirmative determina-
tion under section 4005(c), the matter in dispute is not re-
solved, the Trade Representative shall request arbitration 
of the matter under the Dispute Settlement Understanding. 
(b) IMPOSITION OF QUOTAS.—
(1) IN
GENERAL.—The Trade Representative 
shall impose, for a period of not more than 1 year, 
the quantitative limitations described in paragraph 
(2) on textile and apparel products of Vietnam—
(A) if, pursuant to arbitration under sub-
section (a), the arbitrator determines that the 
Government of Vietnam is providing, on or after 
the date on which Vietnam accedes to the World 
Trade Organization, a prohibited subsidy to its 
textile or apparel industry; or 
(B) if the arbitrator does not issue a deci-
sion within 120 days after the request for arbi-
tration, in which case the limitations cease to be 
effective if the arbitrator, after such limitations 
are imposed, determines that the Government of 
Vietnam is not providing, on or after the date on 
which Vietnam accedes to the World Trade Orga-