I 
109TH CONGRESS 
2D SESSION 
H. R. 5043 
To amend United States trade laws to address more effectively import crises, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2006 
Mr. CARDIN (for himself and Mr. LEVIN) introduced the following bill; which 
was referred to the Committee on Ways and Means 
A BILL 
To amend United States trade laws to address more 
effectively import crises, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restoring America’s Competitiveness Act of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—IMPLEMENTING A 21ST CENTURY STRATEGIC TRADE 
POLICY FOR THE UNITED STATES 
Sec. 101. National Commission on International Economic Policy. 
Sec. 102. ITC reports on trade agreements. 
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Sec. 103. Negotiating objectives regarding trade remedy laws. 
Sec. 104. Consultations and assessments regarding trade Agreements. 
Sec. 105. Effective date. 
TITLE II—AMERICAN MANUFACTURING COMPETITIVENESS 
Sec. 201. Affirmation of negotiating objective on border taxes. 
Sec. 202. Presidential certification; application of U.S. countervailing duty law. 
TITLE III—DISPUTE SETTLEMENT 
Subtitle A—Congressional Advisory Commission on WTO Dispute Settlement 
Sec. 301. Congressional findings and purpose. 
Sec. 302. Establishment of Commission. 
Sec. 303. Duties of the Commission. 
Sec. 304. Powers of the Commission. 
Sec. 305. Definitions. 
Sec. 306. Effective date. 
Subtitle B—Participation in WTO Panel Proceedings 
Sec. 311. Participation in WTO panel proceedings. 
Sec. 312. Definitions. 
Subtitle C—Trade Dispute Functions 
Sec. 321. Responsibility of USTR. 
TITLE IV—SUBSIDIES 
Sec. 401. Application of countervailing duties to nonmarket economy countries. 
Sec. 402. Clarification to include exchange-rate manipulation as countervailable 
subsidy under title VII of the Tariff Act of 1930. 
Sec. 403. ITC study of subsidies by People’s Republic of China. 
TITLE V—STRENGTHENING U.S. UNFAIR TRADE LAWS 
Subtitle A—Determination of Dumping 
Sec. 501. Polling of industry support in antidumping cases. 
Sec. 502. New shipper bonding privilege. 
Sec. 503. Prevention of circumvention. 
Sec. 504. Absorption of antidumping duties. 
Sec. 505. Absorption of antidumping duties in sunset review. 
Sec. 506. Export price and constructed export price. 
Sec. 507. Nonmarket economy methodology. 
Sec. 508. Adjustment of constructed values for imputed credit costs. 
Sec. 509. Determinations on the basis of facts available. 
Subtitle B—Determination of Subsidization 
Sec. 521. Countervailable subsidy. 
Subtitle C—Determination of Material Injury 
Sec. 531. Period to determine material injury. 
Sec. 532. Captive production. 
Sec. 533. Price. 
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Sec. 534. Vulnerability of industry; cumulation. 
Sec. 535. Causal relationship between imports and injury. 
Sec. 536. Perishable agricultural products. 
Sec. 537. Antidumping cases against the European Union. 
Sec. 538. Verification by the commission. 
Subtitle D—General Provisions 
Sec. 541. Determination of cash deposit rates. 
Sec. 542. Exchange of information between and among agencies. 
Sec. 543. Liquidation of certain entries. 
Sec. 544. Assistant Attorney General for Trade Law Enforcement. 
Subtitle E—Effective Date 
Sec. 551. Effective date. 
TITLE VI—SAFEGUARD AMENDMENTS 
Subtitle A—Safeguards in General 
Sec. 601. Amendments to chapter 1 of title II of the Trade Act of 1974. 
Subtitle B—Fair Trade With China 
Sec. 611. Clarification of standard for Presidential action on ITC finding of 
market disruption. 
Subtitle C—Report on Doha Round 
Sec. 621. Report. 
TITLE VII—MISCELLANEOUS PROVISIONS 
Sec. 701. Construction. 
Sec. 702. Application to goods from Canada and Mexico. 
TITLE I—IMPLEMENTING A 21st 
CENTURY STRATEGIC TRADE 
POLICY 
FOR 
THE 
UNITED 
STATES 
SEC. 101. NATIONAL COMMISSION ON INTERNATIONAL 
ECONOMIC POLICY. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘National Commission on 
International Economic Policy’’ (in this section referred 
to as the ‘‘Commission’’). 
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(b) RESPONSIBILITIES.—The Commission shall pre-
pare and submit to the Congress, not later than 12 
months after the members of the Commission are first ap-
pointed, a report containing the Commission’s rec-
ommendations for a comprehensive trade negotiating 
strategy for the United States. In the report, the Commis-
sion shall address the following: 
(1) Burgeoning United States trade deficits and 
their consequences for the United States and global 
economies. 
(2) Historically unprecedented levels of foreign 
holdings of United States debt arising out of the 
deficits, and the consequences of those levels for the 
United States and global economies. 
(3) New evidence and reports that increased 
trade alone does not increase standards of living in 
the United States or around the world. 
(4) The causes and impact of badly stalled mul-
tilateral trade negotiations and options for moving 
the negotiations to closure speedily. 
(5) Disturbing data that most of the world’s 
poorest countries account for a smaller share of 
world trade in 2006 than they did a generation ago. 
(6) Challenges and new responsibilities facing 
more advanced developing countries. 
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(7) The impact of the People’s Republic of 
China on global trade flows. 
(8) The impact of unfair trade practices by the 
People’s Republic of China, including currency ma-
nipulation and subsidies. 
(9) The adequacy of existing international trade 
rules to address resurgent government industrial 
policies aborad, such as in the People’s Republic of 
China, the Russian Federation, and the European 
Union, and in sectors such as large commercial air-
craft and commercial aircraft engines. 
(10) The decline of the United States manufac-
turing sector in general and employment in the 
United States manufacturing sector in particular. 
(11) Outsourcing and temporary entry issues in 
the services sector. 
(c) MEMBERSHIP.— 
(1) APPOINTMENT.—The Commission shall be 
composed of 9 members, who shall be appointed as 
follows: 
(A) 2 members shall be appointed by the 
Speaker of the House of Representatives. 
(B) 2 members shall be appointed by the 
minority leader of the House of Representa-
tives. 
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