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inserting in lieu thereof ‘‘research, development, or
product markets’’; and
(2) Section 6 of the National Cooperative Re-
search Act of 1984 (15 U.S.C. 4305) is amended—
(A) in the heading by striking ‘‘Research
and Developments’’, and
(B) in subsection (a) by inserting ‘‘(or,
with respect to a venture involving the produc-
tion of any product, process, of service, not
later than 90 days after the effective date of
the Cooperative Productivity and Competitive-
ness Act of 1991)’’, after ‘‘Act’’.
SEC. 407. UNFAIR METHODS OF COMPETITION.
Section 45(a) of title 15 of the United States Code
is amended by adding at the end thereof the following new
paragraph:
‘‘(4) It shall be an unfair method of competition
for a wholesaler or retailer to sell product by tele-
phone, facsimile or means where the purchaser does
not see the article(s) to be purchased without identi-
fying the country of origin of the article being of-
fered and, if the product is of foreign origin, indicat-
ing whether a domestic article is also available.’’.
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SEC. 408. CORRECTION OF INVERTED TARIFF.
(a) NONALLOY
IRON
AND
STEEL
PIPES
AND
TUBES.—
(1) The superior article description for sub-
headings 7306.30.30 and 7306.30.50 of the Har-
monized Tariff Schedule of the United States (19
U.S.C. 3007) is amended to read as follows: ‘‘Hav-
ing a wall thickness of 1.65 mm or more, not galva-
nized:’’.
(2) Subheadings 7306.30.30 and 7306.30.50
are redesignated as subheadings 7306.30.35 and
7306.30.55, respectively.
(3) 
Subheadings 
7306.10.10, 
7306.20.60,
7306.30.55 (as redesignated by subparagraph (2)),
and 7306.90.10 are each amended—
(A) by striking ‘‘1.9%’’ in column 1 Gen-
eral and inserting ‘‘4.9%’’; and
(B) by striking ‘‘5.5%’’ in column 2 and
inserting ‘‘20%’’.
(4) Subheadings 7306.20.20 and 7306.60.10
are each amended—
(A) by striking ‘‘0.5%’’ in column 1 Gen-
eral and inserting ‘‘4.9%’’; and
(B) by striking ‘‘1%’’ in column 2 and in-
serting ‘‘20%’’.
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(5) Chapter 73 is amended by inserting in nu-
merical order the following new subheading having
the same degree of indentation as the superior text
for subheading 7306.30.35 and 7306.30.55 (as re-
designated by subparagraph (2)):
‘‘
7306.30.60
Having a wall thickness of 1.65
mm or more, galvanized .................
6.5%
Free (C, E, IL)
1.1% (CA)
21.5%
’’.
(b) ALLOY IRON AND STEEL PIPES AND TUBES.—
(1) Subheadings 7306.50.50 and 7306.90.50
are each amended—
(A) by striking ‘‘4.9%’’ in column 1 Gen-
eral and inserting ‘‘9.5%’’; and
(B) by striking ‘‘10%’’ in column 2 and in-
serting ‘‘28%’’.
(c) STAINLESS STEEL PIPES AND TUBES.—
(1) Subheading 7306.40.10 is amended by
striking ‘‘7.6%’’ in column 1 General and inserting
‘‘10.1%’’.
(2) Subheading 7306.40.50 is amended—
(A) by striking ‘‘5%’’ in column 1 General
and inserting ‘‘10.1%’’; and
(B) by striking ‘‘11%’’ in column 2 and in-
serting ‘‘29%’’.
(d) NEGOTIATING AUTHORITY.—In the event that a
claim for compensation under any provision of the General
Agreement on Tariffs and Trade or any other trade agree-
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ment to which the United States is a party is made by
any Contracting Party to that agreement as a result of
the amendments made by this section, the United States
Trade Representative is authorized to negotiate such rea-
sonable compensation as may be appropriate.
(e) APPLICABILITY OF STAGED RATE REDUCTIONS
UNDER
THE
UNITED
STATES-CANADA
FREE-TRADE
AGREEMENT.—
(1) Any staged reduction under the United
States-Canada Free-Trade Agreement of special
rates of duty for Canada set forth in subheading
7306.30.30 applies to the corresponding special rate
of duty set forth in subheading 7306.30.35.
(2) Any staged reduction under the United
States-Canada Free-Trade Agreement of special
rates of duty for Canada set forth in subheading
7306.30.50 applies to the corresponding special rate
of duty set forth in subheading 7306.30.55.
(3) Any staged reduction under this United
States-Canada Free-Trade Agreement of special
rates of duty for Canada set forth in subheading
7306.30.55 (as redesignated by subsection (a)(2))
also applies to the corresponding special rate of duty
set forth in subheading 7306.30.60.
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(f) EFFECTIVE DATE.—Except as provided in Sec-
tion 7, the amendments made by Sections 2, 3 and 4, shall
apply with respect to goods entered, or withdrawn from
warehouse for consumption, beginning on—
(1) the date on which the President enters into
a multilateral trade agreement negotiated through
the Uruguay Round under the General Agreement
on Tariffs and Trade, or
(2) January 1, 1994.
(g) WAIVER.—In the event that—
(1) negotiations on market access and tariffs in
the General Agreement on Tariffs and Trade provide
for a tariff rate elimination schedule on steel prod-
ucts that will remove the tariff rate inversion on cer-
tain pipe and tube products; and
(2) the President or the United States Trade
Representative certifies in writing to the committee
on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate that
such schedule will eliminate such tariff inversion; the
provisions of this section shall not take effect.
SEC. 409. HORTICULTURAL STUDY.
(a) The United States Trade Representatives to-
gether with the Secretary of Agriculture, Secretary of
Labor, and Secretary of Transportation shall prepare a
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report on the horticultural industry on the following issues
to be submitted to the Congress within 6 months of enact-
ment:
(1) nature of patent protection, enforcement
mechanisms and royalty collection procedures of hor-
ticultural products and identified rates of royalty
payments for the ten largest import sources and six
largest export markets at the eight digit HTS level
for HTS 0601, 0602, and 0603 as well as the roy-
alty payment rates for United States growers of the
like products;
(2) whether pesticides banned from use on hor-
ticultural products grown in the United States are
used in growing or treating horticultural products
imported into the United States under Chapter 6 of
the HTS;
(3) how worker rights in the countries con-
stituting the major foreign suppliers of horticultural
products to the United States compare to those re-
quired under United States law; and
(4) the extent to which air fares between the
major supplier countries and the United States, Eu-
rope and Japan influence the direction of flower
shipments from Central and South American coun-
tries.
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SEC. 410. HOME APPLIANCES.
(a) With respect to the following items in the Har-
monized Tariff Schedule of the United States.
7321.11.30—stoves or ranges (other than port-
able).
8418.10.00, 
8418.21.00, 
8418.22.00,
8418.29.00—refrigerators and combined refrigerator
freezers.
8450.11.00, 8450.19.00, 8450.20.00—house-
hold or laundry washing machines.
8451.21.00, 8451.29.00—drying machines.
(b) The tariff rate on imports from Mexico of such
products shall permanently be the Most Favored Nation
Rate as provided for each item in Schedule 1 of the cur-
rent Harmonized Tariff Schedule of the United States, not
withstanding any temporary duty status on any such item
that is applicable or may be applicable under the United
States Generalized System of Preferences.
(c) Notwithstanding the reference in Annex 302.2,
paragraph 2, of the proposed North American Free Trade
Agreement to ‘‘the rate of duty in effect on July 1, 1991,
including rates under the United States Generalized Sys-
tem of Preferences,’’ the Schedule of the United States
attached to Annex 302.2 shall omit reference to ‘‘G’’ for
those HTS items and the staging code for those items
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shall be changed to ‘‘C’’ as as to conform with the counter-
part Mexican and Canadian staging codes.
SEC. 411. CONCENTRATION OF IMPORTS.
Section 771(4)(C) of the Tariff Act of 1930 (19
U.S.C. 1677(4)(C)) is amended by adding at the end
thereof the following new sentence: ‘‘Concentration of sub-
sidized or dumped imports exists with respect to a market,
if the percentage of subsidized or dumped imports to con-
sumption of imports and domestically produced like prod-
ucts in such market is clearly higher than the percentage
is in the rest of the United States.’’.
TITLE V—PRIVATE ACTIONS FOR RELIEF FROM
CERTAIN 
FORMS 
OF 
ANTICOMPETITIVE
PRICING PRACTICES
SEC. 501. PRIVATE RIGHT OF ACTION FOR RELIEF FROM
INJURIOUS INDUSTRIAL CROSS-SUBSIDIZA-
TION AND PERSISTENT SALES BELOW FULL
COST OF PRODUCTION.
(a) Section 1(a) of the Clayton Act (15 U.S.C. 12)
is amended by inserting ‘‘Section 901 of the Act of Sep-
tember 8, 1916, entitled ‘An Act to raise revenue, and for
other purposes’ (39 Stat. 98; 15 U.S.C. 2);’’ after nineteen
hundred and thirteen;.
(b) Section 901 of the Act of September 8, 1916 (39
Stat. 798; 15 U.S.C. 72) is amended to read as follows:
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‘‘SEC. 901.
‘‘(a) PROHIBITION.—No person shall sell for export
to the United States or sell within the United States a
product at a price which does not permit the recovery of
all costs (fixed and variable) involved in developing, pro-
ducing and selling the product within a reasonable period
of time where such pricing practices cause material injury
to another producer or manufacturer the majority of sales
occur in the United States.
‘‘(b) REASONABLE PERIOD OF TIME.—A determina-
tion on reasonable period of time will be based on the facts
peculiar to the product in question. However, where sales
are below all costs on average for more than one-third of
the projected life cycle of the product or for 24 months
there shall be a rebuttable presumption that such costs
do not permit the recovery of all costs within a reasonable
period.
‘‘(c) CIVIL ACTION.—An interested party whose busi-
ness or property is materially injured by reason of impor-
tations or sales in violation of this section may bring a
civil action in any court of the United States having juris-
diction over the parties.
‘‘(d) JURISDICTION OVER FOREIGN PRODUCERS OR
EXPORTERS.—A foreign manufacturer, producer, or ex-
porter which sells products, or for which products are sold
by another party in the United States, shall be treated
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as having appointed the District Director of the United
States Customs Service of the Department of the Treas-
ury for any port through which the product is commonly
imported as a true and lawful agent of the manufacturer,
producer, or exporter, upon whom may be served all lawful
process in any action brought under subsection (c) against
the manufacturer, producer, or exporter.
‘‘(e) DEFENSES.—It shall be a defense to an action
for a defendant if the defendant was not gaining market
share from the plaintiff in the United States and was sell-
ing its product at or above the plaintiff’s prices.
‘‘(f) RELIEF.—In an action brought under subsection
(c), the court, if it finds for plaintiff, shall—
‘‘(1) grant damages for the injuries sustained;
‘‘(2) permit recovery of costs of the action, in-
cluding reasonable attorney’s fees;
‘‘(3) if the court determines that the infliction
of injury was intentional, award treble damages; and
‘‘(4) order a prospective revision of prices or
grant such equitable relief as may be appropriate.
‘‘(g) STANDARD OF PROOF.—The standard of proof
in an action brought under subsection (c) is a preponder-
ance of the evidence.
‘‘(h) LIMITATION.—An action under subsection (b)
shall be commenced not later than 2 years after the date
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on which the cause of action accrued. For purposes of this
section, the cause of action accrues throughout the period
during which sales below full costs are occurring.
‘‘(i) INTERVENTION BY THE UNITED STATES.—The
court shall permit the United States to intervene in any
action brought under subsection (c) as a matter of right.
The United States shall have all the rights of a party to
such action.’’.
TITLE VI—FOREIGN CAPITAL AND SECURITIES
MARKETS
SEC. 601. FOREIGN CAPITAL AND SECURITIES MARKETS
STUDY.
(a) IN GENERAL.—The Secretary of the Treasury
(hereafter referred to as the ‘‘Secretary’’) shall conduct
a study of the capital and securities markets of Japan.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit a report to the Con-
gress on the structure, operation, practice, and regulation
of Japan’s capital securities markets, and their implica-
tions for the United States.
(b) CONSULTATIONS.—The Secretary shall consult
with the Chairman of the Securities and Exchange Com-
mission, the United States Trade Representative, and
such other agencies or persons as the Secretary may deem
necessary to complete the study and report required under
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this Act. The Secretary shall also consult with representa-
tives from the domestic capital and securities markets.
The Secretary may consult with agencies of the Govern-
ment of Japan, Japanese exchanges, and such other Japa-
nese persons or organizations as the Secretary may deem
appropriate.
(c) DEFINITION.—For purposes of this Act the term
‘‘security’’ has the same meaning as in section 3(a)(10)
of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(10)).
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