imports of merchandise subject to the existing 
antidumping order.’’; 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) INCREASED
MATERIALLY.—The ad-
ministering authority shall consider imports of 
merchandise from an additional supplier coun-
try to have increased materially if such imports 
have increased by 15 percent or more over the 
amount of such imports during a period of com-
parable duration preceding initiation of the 
antidumping investigation of imports of mer-
chandise subject to the existing antidumping 
order.’’; and 
(3) by striking subparagraph (D) and inserting 
the following: 
‘‘(D) PROCEDURES
AND
INJURY
DETER-
MINATIONS
FOR
EXPEDITED
INVESTIGA-
TIONS.— 
‘‘(i) The provisions of subsections 
(b)(3), (c)(4), (d), and (e) of this section, 
section 733 (b), (d), and (e), section 734 
(a), (b), (c), (d), (e), (f), (i), (k), and (l), 
and section 735 (a), (c), (d), and (e) shall 
apply to expedited investigations under this 
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paragraph, except that the administering 
authority shall issue a preliminary deter-
mination within 90 days of receiving a re-
quest for an investigation under subpara-
graph (A). 
‘‘(ii) Not later than 45 days after the 
date on which the request under subpara-
graph (A) is received by the administering 
authority, the Commission shall determine 
if there is a reasonable indication of mate-
rial injury or threat of material injury as 
prescribed in section 733(a)(1). 
‘‘(iii) If the Commission makes an af-
firmative determination that there is a rea-
sonable indication of material injury and 
the administering authority makes an af-
firmative final determination, the Commis-
sion shall make a final determination as 
prescribed in section 735(b)(1) before the 
later of— 
‘‘(I) the 120th day after the day 
on which the administering authority 
makes its affirmative preliminary de-
termination under this subparagraph, 
or 
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‘‘(II) the 45th day after the day 
on which the administering authority 
makes its affirmative final determina-
tion under section 735(a). 
‘‘(iv) The Commission shall make a 
determination under this subparagraph 
from reasonably available information (in-
cluding public information on the adminis-
trative record of its investigation of im-
ports of merchandise subject to the exist-
ing antidumping order). 
‘‘(v) An affirmative final determina-
tion shall not be made unless the Commis-
sion determines pursuant to the factors de-
scribed in sections 735(b)(1) and 771(7) 
that an industry in the United States is 
materially injured, or threatened with ma-
terial injury, by reason of imports of the 
subject merchandise and that imports of 
the subject merchandise are not neg-
ligible.’’. 
SEC. 110. COUNTERVAILABLE SUBSIDY. 
(a) DEFINITION OF COUNTERVAILABLE SUBSIDY.— 
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)), as amended by this Act, is further amended 
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by adding at the end the following: ‘‘If there is a reason-
able indication that a financial contribution by the provi-
sion of goods or services has distorted prices for those 
goods or services in the country that is subject to the in-
vestigation or review, or if data regarding such prices are 
otherwise unavailable, then the administering authority 
shall measure adequacy of remuneration by reference to 
data regarding prices for the same or a similar good or 
service from outside the country that is subject to the in-
vestigation or review. The administering authority shall 
adjust such data to the extent practicable to reflect pre-
vailing market conditions in that country. If there is a rea-
sonable indication that prices within a political subdivi-
sion, dependent territory, or possession of a foreign coun-
try are distorted, or data are not available, then the ad-
ministering authority shall measure adequacy of remu-
neration in that political subdivision, dependent territory, 
or possession by reference to data from the most com-
parable area or region in which prices are not distorted, 
regardless of whether it is in the same country.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any determination under sec-
tion 705 or 751 of the Tariff Act of 1930 (19 U.S.C. 
1671d, 1675) that is made on or after January 1, 2002, 
including published determinations for which judicial or 
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binational panel review has been initiated or completed 
pursuant to section 516A of that Act (19 U.S.C. 1516a). 
To the extent that the amendment made by subsection (a) 
may be relevant to any such determination that has al-
ready been made, the administering authority shall amend 
the determination and associated countervailing duty 
order to bring them into compliance with the amendment 
made by subsection (a), and shall undertake new adminis-
trative proceedings, if necessary, to do so. 
SEC. 111. VALUING FREIGHT FOR INPUTS IN NONMARKET 
ECONOMY 
COUNTRY 
ANTIDUMPING 
CAL-
CULATIONS. 
Section 773(c)(3) of the Tariff Act of 1930 (19 
U.S.C. 1677b(c)(3)) is amended— 
(1) in subparagraph (C) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D) by striking the period 
at the end and inserting ‘‘, and’’; and 
(3) by adding at the end the following: 
‘‘(E) transportation costs based upon the 
actual freight distances required to transport 
material inputs from the unaffiliated supplier or 
unaffiliated suppliers, or from the first unaffili-
ated supplier where the input is obtained from 
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an affiliate, to the producer or exporter of the 
foreign like product.’’. 
SEC. 112. REVOCATION OF NONMARKET ECONOMY COUN-
TRY STATUS. 
(a) AMENDMENT OF DEFINITION OF ‘‘NONMARKET 
ECONOMY COUNTRY’’.—Section 771(18)(C)(i) of the Tar-
iff Act of 1930 (19 U.S.C. 1877(18)(C)(i)) is amended 
by striking ‘‘until revoked by the administering authority’’ 
and inserting ‘‘until revoked by a resolution enacted con-
sistent with section 113 of the Trade Law Reform Act 
of 2007’’. 
(b) NOTIFICATION BY PRESIDENT.—Whenever the 
administering authority makes a final determination 
under section 771(18)(C)(i) of the Tariff Act of 1930 (19 
U.S.C. 1877(18)(C)(i)) to revoke the determination that 
a foreign country is a nonmarket economy country, the 
President shall notify the Committee on Ways and Means 
of the House of Representatives and the Committee on 
Finance of the Senate of that determination within 10 
days after its publication in the Federal Register. 
(c) RULES OF HOUSE OF REPRESENTATIVES AND 
SENATE.—Subsections (c) through (i) of this section are 
enacted by the Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
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spectively, and as such they are deemed a part of 
the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in 
that House in the case of approval resolutions de-
scribed in subsection (d) of this section; and they su-
persede other rules only to the extent that they are 
inconsistent therewith; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner and to the same extent as in 
the case of any other rule of that House. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘approval resolution’’ means only a joint resolution 
of the two Houses of the Congress, the matter after the 
resolving clause of which is as follows: ‘‘That the Congress 
approves the change of non-market economy status with 
respect to the products of lllll transmitted by the 
President to the Congress on lllll.’’, the first 
blank space being filled in with the applicable country, and 
the second blank space being filled with the appropriate 
date. 
(e) INTRODUCTION.—When a notification submitted 
under subsection (b) is transmitted to the House of Rep-
resentatives and the Senate, an approval resolution with 
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respect to such agreement shall be introduced (by request) 
in the House by the majority leader of the House, for him-
self, or by Members of the House designated by the major-
ity leader of the House; and shall be introduced (by re-
quest) in the Senate by the majority leader of the Senate, 
for himself, or by Members of the Senate designated by 
the majority leader of the Senate. 
(f) AMENDMENTS PROHIBITED.—No amendment to 
an approval resolution shall be in order in either the 
House of Representatives or the Senate; and no motion 
to suspend the application of this subsection shall be in 
order in either House, nor shall it be in order in either 
House for the Presiding Officer to entertain a request to 
suspend the application of this subsection by unanimous 
consent. 
(g) PERIOD FOR COMMITTEE AND FLOOR CONSIDER-
ATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the committee or committees of either 
House to which an approval resolution has been re-
ferred have not reported it at the close of the 45th 
day after its introduction, such committee or com-
mittees shall be automatically discharged from fur-
ther consideration of the bill or resolution and it 
shall be placed on the appropriate calendar. A vote 
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on final passage of the bill or resolution shall be 
taken in each House on or before the close of the 
15th day after the bill or resolution is reported by 
the committee or committees of that House to which 
it was referred, or after such committee or commit-
tees have been discharged from further consideration 
of the bill or resolution. If prior to the passage by 
one House of an approval resolution of that House, 
that House receives the same approval resolution 
from the other House, then— 
(A) the procedure in that House shall be 
the same as if no or approval resolution had 
been received from the other House, but 
(B) the vote on final passage shall be on 
the approval resolution of the other House. 
(2) COMPUTATION OF DAYS.—For purposes of 
paragraphs (1) and (2), in computing a number of 
days in either House, there shall be excluded any 
day on which that House is not in session. 
(h) FLOOR CONSIDERATION IN THE HOUSE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
House of Representatives to proceed to the consider-
ation of an approval resolution shall be highly privi-
leged and not debatable. An amendment to the mo-
tion shall not be in order, nor shall it be in order 
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to move to reconsider the vote by which the motion 
is agreed to or disagreed to. 
(2) DEBATE LIMITED.—Debate in the House of 
Representatives on an approval resolution shall be 
limited to not more than 20 hours, which shall be 
divided equally between those favoring and those op-
posing the bill or resolution. A motion further to 
limit debate shall not be debatable. It shall not be 
in order to move to recommit an approval resolution 
or to move to reconsider the vote by which an ap-
proval resolution is agreed to or disagreed to. 
(3) MOTIONS TO POSTPONE.—Motions to post-
pone, made in the House of Representatives with re-
spect to the consideration of an approval resolution, 
and motions to proceed to the consideration of other 
business, shall be decided without debate. 
(4) APPEALS.—All appeals from the decisions 
of the Chair relating to the application of the Rules 
of the House of Representatives to the procedure re-
lating to an approval resolution shall be decided 
without debate. 
(5) OTHER RULES.—Except to the extent spe-
cifically provided in the preceding provisions of this 
subsection, consideration of an approval resolution 
shall be governed by the Rules of the House of Rep-
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resentatives applicable to other bills and resolutions 
in similar circumstances. 
(i) FLOOR CONSIDERATION IN THE SENATE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
Senate to proceed to the consideration of an ap-
proval resolution shall be privileged and not debat-
able. An amendment to the motion shall not be in 
order, nor shall it be in order to move to reconsider 
the vote by which the motion is agreed to or dis-
agreed to. 
(2) DEBATE LIMITED.—Debate in the Senate 
on an approval resolution, and all debatable motions 
and appeals in connection therewith, shall be limited 
to not more than 20 hours. The time shall be equally 
divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
(3) CONTROL OF DEBATE.—Debate in the Sen-
ate on any debatable motion or appeal in connection 
with an implementing bill or approval resolution 
shall be limited to not more than 1 hour, to be 
equally divided between, and controlled by, the 
mover and the manager of the bill or resolution, ex-
cept that in the event the manager of the bill or res-
olution is in favor of any such motion or appeal, the 
time in opposition thereto, shall be controlled by the 
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minority leader or his designee. Such leaders, or ei-
ther of them, may, from time under their control on 
the passage of an or approval resolution, allot addi-
tional time to any Senator during the consideration 
of any debatable motion or appeal. 
(4) OTHER MOTIONS.—A motion in the Senate 
to further limit debate is not debatable. A motion to 
recommit an approval resolution is not in order. 
SEC. 113. APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET ECONOMY COUNTRIES. 
(a) IN GENERAL.—Section 701(a)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by insert-
ing ‘‘(including a nonmarket economy country)’’ after 
‘‘country’’ each place it appears. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply to petitions filed under section 702 
of the Tariff Act of 1930 on or after the date of the enact-
ment of this Act. 
SEC. 114. DOWNSTREAM DUMPING. 
(a) IN GENERAL.—Subtitle D of title VII of the Tar-
iff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by 
inserting after section 771B the following: 
‘‘SEC. 771C. DOWNSTREAM DUMPING. 
‘‘(a) DEFINITIONS.—As used in this section: 
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‘‘(1) 
DOWNSTREAM
DUMPING.—The 
term 
‘downstream dumping’ means the routine use of one 
or more depressed-price products as a significant 
part, component, assembly, subassembly, or material 
in the manufacture or production of merchandise. 
‘‘(2) DEPRESSED-PRICE PRODUCT.—The term 
‘depressed-price product’ means a product purchased 
at a price that is lower than either or both of the 
following: 
‘‘(A) The generally available price of the 
product in the country of manufacture or pro-
duction. 
‘‘(B) The price that would be the generally 
available price of the product in the country of 
manufacture or production but for the depress-
ing or suppressing effect of subsidies or sales at 
below foreign market value, or both, with re-
spect to that product. 
‘‘(3) SIGNIFICANT.—For purposes of this sec-
tion, products are a ‘significant’ part, component, 
assembly, subassembly, or material in the manufac-
ture or production of merchandise if, and only if, the 
cost, in the aggregate, of those products represents 
20 percent or more of the total cost of the merchan-
dise. 
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‘‘(4) PRESUMPTION.—If an antidumping duty 
is imposed on merchandise under section 731, the 
administering agency shall presume for purposes of 
this section that the products used in the manufac-
ture or production of such merchandise are de-
pressed-price products. 
‘‘(b) INCLUSION
OF AMOUNT ATTRIBUTABLE
TO 
DOWNSTREAM DUMPING.—If the administering authority 
determines that downstream dumping of a product is oc-
curring or has occurred with respect to merchandise, the 
antidumping duty imposed on such merchandise shall, for 
each such product, be increased by an amount equal to 
the amount by which the price at which the product was 
purchased exceeds the price specified in subsection 
(a)(2)(A) or the price specified in subsection (a)(2)(B), 
whichever is higher. 
‘‘(c) SCOPE OF INQUIRY OF ADMINISTERING AU-
THORITY.—The administering authority is not required, 
in undertaking an investigation under subtitle B, to con-
sider whether downstream dumping of a product is occur-
ring or has occurred with respect to merchandise, beyond 
that state in the manufacture or production of the mer-
chandise that immediately precedes the final manufac-
turing or production state before export to the United 
States, unless information reasonably available to the ad-
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ministering authority indicates that such dumping is oc-
curring or has occurred before such immediately preceding 
stage and is having or has had a significant effect on the 
price of the merchandise.’’. 
(b) IMPOSITION OF ANTIDUMPING DUTIES.—Section 
731(2) of the Tariff Act of 1930 (19 U.S.C. 1673(2)) is 
amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A)(ii); 
(2) by inserting ‘‘or’’ at the end of subpara-
graph (B); and 
(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) an industry producing a product used 
in the manufacture or production of the foreign 
merchandise has been materially injured or 
threatened with material injury, or the estab-
lishment of such an industry in the United 
States has been materially retarded,’’. 
(c) DEFINITION OF INTERESTED PARTY.—Subpara-
graphs (C), (D), (E), and (F) of section 771(9) of the 
Tariff Act of 1930 (19 U.S.C. 1677(9)) are each amended 
by inserting after ‘‘product’’ the following: ‘‘or a product 
that is used in the manufacture or production of a like 
product’’. 
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(d) CONFORMING AMENDMENT.—The table of con-
tents for title VII of the Tariff Act of 1930 is amended 
by inserting after the item relating to section 771B the 
following: 
‘‘Sec. 771C. Downstream dumping.’’. 
SEC. 115. EFFECTIVE DATE. 
Except as otherwise specifically provided by this title, 
the amendments made by this title shall apply with respect 
to determinations made under title VII of the Tariff Act 
of 1930 that— 
(1) are made with respect to investigations ini-
tiated or petitions filed on or after the date of the 
enactment of this Act; or 
(2) have not become final as of such date of en-
actment. 
TITLE II—SAFEGUARD 
AMENDMENTS 
SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE 
TRADE ACT OF 1974. 
(a) TEST FOR POSITIVE ADJUSTMENTS TO IMPORT 
COMPETITION.—Section 201(a) of the Trade Act of 1974 
(19 U.S.C. 2251(a)) is amended by striking ‘‘be a sub-
stantial cause of serious injury, or the threat thereof,’’ and 
inserting ‘‘cause or threaten to cause serious injury’’. 
(b) INVESTIGATIONS AND DETERMINATIONS.—Sec-
tion 202 of such Act (19 U.S.C. 2252) is amended— 
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(1) in subsection (b)(1)(A), by striking ‘‘be a 
substantial cause of serious injury, or the threat 
thereof,’’ and inserting ‘‘cause or threaten to cause 
serious injury’’; 
(2) by amending subsection (b)(1)(B) to read 
as follows: 
‘‘(B) For purposes of this section, the term 
‘cause’ refers to a cause that contributes signifi-
cantly to serious injury, or the threat thereof, to the 
domestic industry but need not be equal to or great-
er than any other cause.’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1)(A) to read 
as follows: 
‘‘(A) with respect to serious injury— 
‘‘(i) change in the level of sales, pro-
duction, productivity, capacity utilization, 
profits and losses, and employment; 
‘‘(ii) the significant idling of produc-
tive facilities in the domestic industry; 
‘‘(iii) the inability of a significant 
number of firms to carry out domestic pro-
duction operations at a reasonable level of 
profit; and 
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‘‘(iv) significant unemployment or 
underemployment within the domestic in-
dustry;’’; 
(B) in paragraph (1)(B)— 
(i) in clause (iii) by striking ‘‘; and’’ 
and inserting ‘‘, and’’; and 
(ii) by inserting after clause (iii) the 
following: 
‘‘(iv) foreign production capacity, for-
eign inventories, the level of demand in 
third country markets, and the availability 
of other export markets to absorb any ad-
ditional exports; and’’; 
(C) by amending paragraph (1)(C) to read 
as follows: 
‘‘(C) with respect to cause— 
‘‘(i) the rate, amount, and timing of 
the increase in imports of the product con-
cerned in absolute and relative terms, in-
cluding whether there has been a substan-
tial increase in imports over a short period 
of time; and 
‘‘(ii) the share of the domestic market 
taken by increased imports.’’; 
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(D) by redesignating paragraphs (3) 
through (6) as paragraphs (5) through (8), re-
spectively; 
(E) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) In making determinations under para-
graph (1)(A) and (B), if domestic producers inter-
nally transfer, including to affiliated persons as de-
fined in section 771(33) of the Tariff Act of 1930, 
significant production of the article like or directly 
competitive with the imported article for the produc-
tion of a downstream article and sell significant pro-
duction of the article like or directly competitive 
with the imported article in the merchant market, 
then the Commission, in determining market share 
and the factors affecting financial performance set 
forth in paragraph (1)(A) and (B), shall focus pri-
marily on the merchant market for the article like 
or directly competitive with the imported article. 
‘‘(3) In making determinations under sub-
section (b), the Commission shall— 
‘‘(A) consider the condition of the domestic 
industry over the course of the relevant busi-
ness cycle, but may not aggregate the causes of 
declining demand associated with a recession or 
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economic downturn in the United States econ-
omy into a single cause of serious injury or 
threat of injury; and 
‘‘(B) examine factors other than imports 
which may cause or threaten to cause serious 
injury to the domestic industry. 
The Commission shall include the results of its ex-
amination under subparagraph (B) in the report 
submitted by the Commission to the President under 
subsection (e). 
‘‘(4) In making determinations under sub-
section (b), the Commission shall consider whether 
any change in the volume of imports that has oc-
curred since a petition under subsection (a) was filed 
or a request under subsection (b) was made is re-
lated to the pendency of the investigation, and if so, 
the Commission may reduce the weight accorded to 
the data for the period after the petition under sub-
section (a) was filed or the request under subsection 
(b) was made in making its determination of serious 
injury, or the threat thereof.’’; and 
(F) in paragraph (5), as so redesignated— 
(i) by striking ‘‘and (B)’’ and insert-
ing ‘‘, (B), and (C)’’; and 
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(ii) by striking ‘‘be a substantial cause 
of serious injury, or the threat thereof,’’ 
and inserting ‘‘cause or threaten to cause 
serious injury’’; 
(4) in subsection (d)— 
(A) in paragraph (1)(A)(ii), by striking 
‘‘be, or likely to be a substantial cause of seri-
ous injury, or the threat thereof,’’ and inserting 
‘‘cause, or be likely to cause, or threaten to 
cause, or be likely to threaten to cause, serious 
injury’’; 
(B) in paragraph (1)(C), in the matter fol-
lowing clause (ii), by striking ‘‘a substantial 
cause of serious injury, or the threat thereof,’’ 
and inserting ‘‘causing or threatening to cause 
serious injury’’; 
(C) by amending paragraph (2)(A) to read 
as follows: 
‘‘(2)(A) When a petition filed under subsection 
(a) or a request filed under subsection (b) alleges 
that critical circumstances exist and requests that 
provisional relief be provided under this subsection 
with respect to imports of the article identified in 
the petition or request, the Commission shall, not 
later than 45 days after the petition or request is 
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filed, determine, on the basis of available informa-
tion, whether— 
‘‘(i) there is clear evidence that increased 
imports (either actual or relative to domestic 
production) of the article are causing or threat-
ening to cause serious injury to the domestic in-
dustry producing an article like or directly com-
petitive with the imported article; and 
‘‘(ii) delay in taking action under this 
chapter would cause damage to that industry 
that would be difficult to repair. 
‘‘In making the evaluation under clause (ii), the 
Commission should consider, among other factors 
that it considers relevant, the timing and volume of 
the imports, including whether there has been a sub-
stantial increase in imports over a short period of 
time, and any other circumstances indicating that 
delay in taking action under this chapter would 
cause damage to the industry that would be difficult 
to repair.’’; and 
(D) in paragraph (2)(D), by striking ‘‘30’’ 
and inserting ‘‘20’’. 
(c) PRESIDENTIAL DETERMINATIONS.— 
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(1) ACTION BY PRESIDENT.—Section 203(a) of 
the Trade Act of 1974 (19 U.S.C. 2253(a)) is 
amended— 
(A) in paragraph (1)(A), by striking ‘‘and 
provide greater economic and social benefits 
than costs’’ and inserting ‘‘and will not have an 
adverse impact on the United States clearly 
greater than the benefits of such action’’; 
(B) in paragraph (2)(F), by striking ‘‘com-
pensation;’’ at the end of clause (iii) and insert-
ing the following: ‘‘compensation, except that 
the President shall give substantially greater 
weight to the factors set out in clause (i) than 
to those set out in clauses (ii) and (iii);’’; and 
(C) by amending paragraph (2)(I) to read 
as follows: 
‘‘(I) the potential for harm to the national 
security of the United States; and’’. 
(2) 
IMPLEMENTATION
OF
ACTION
REC-
OMMENDED BY COMMISSION.—(A) Section 203(c) of 
the Trade Act of 1974 (19 U.S.C. 2253(c)) is 
amended by striking ‘‘90’’ and inserting ‘‘60’’. 
(B) Section 152(c)(1) of the Trade Act of 1974 
(19 U.S.C. 2192(c)(1)) is amended by striking ‘‘not 
counting any day which is excluded under section 
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154(b),’’ and inserting ‘‘counting all calendar days 
in the case of a resolution described in subsection 
(a)(1)(A), and not counting any day which is ex-
cluded under section 154(b) in the case of a resolu-
tion described in subsection (a)(1)(B),’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 203(e)(6)(B) of the Trade Act of 
1974 (19 U.S.C. 2253(e)(6)(B)) is amended by 
striking ‘‘substantially’’. 
(2) Section 264(c) of the Trade Act of 1974 
(19 U.S.C. 2354(c)) is amended by striking ‘‘a sub-
stantial cause of serious injury or threat thereof’’ 
and inserting ‘‘causing or threatening to cause seri-
ous injury’’. 
(3) Section 154(b) of the Trade Act of 1974 
(19 U.S.C. 2194(b)) is amended by striking the 
matter that precedes paragraph (1) and inserting 
the following: 
‘‘(b) The 60-day period referred to in section 203(c) 
and the 90-day period referred to in section 407(c)(2) 
shall be computed by excluding—’’. 
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TITLE III—INTERNATIONAL 
TRADE NEGOTIATIONS 
SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE 
REMEDY LAWS. 
Section 2102(b)(14) of the Trade Act of 2002 (19 
U.S.C. 3801(b)) is amended by adding at the end the fol-
lowing flush sentence: 
‘‘In order to carry out subparagraph (A), the 
United States Trade Representative should refuse to 
agree to any proposal, whether in the context of a 
trade agreement entered into under the auspices of 
the World Trade Organization, or a free trade agree-
ment with another country or group of countries, 
that would, either individually or in combination 
with other proposals, weaken existing United States 
trade remedy laws contained in title VII of the Tar-
iff Act of 1930 or chapter 1 of title II of the Trade 
Act of 1974, including any proposal that would 
make obtaining relief under these provisions more 
difficult, uncertain, or costly for domestic industries 
to achieve or maintain over time.’’. 
SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING 
TRADE AGREEMENTS. 
Section 2104(d)(3)(A) of the Trade Act of 2002 (19 
U.S.C. 3804(d)(3)(A)) is amended— 
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(1) in clause (i), by striking ‘‘and’’ after the 
semicolon; 
(2) in clause (ii), by striking the period and in-
serting a semicolon; and 
(3) by adding after clause (ii) the following: 
‘‘(iii) with respect to each specific pro-
posal that could require amendments to 
title VII of the Tariff Act of 1930 or chap-
ter 1 of title II of the Trade Act of 1974, 
whether and to what extent the proposal 
would, either individually or in combination 
with other proposals, make obtaining relief 
under these provisions more difficult, un-
certain, or costly for domestic industries to 
achieve or maintain over time; and 
‘‘(iv) for each specific proposal that 
the President reports would not (whether 
individually or in combination with other 
proposals) make obtaining relief under title 
VII of the Tariff Act of 1930 or chapter 
1 of title II of the Trade Act of 1974 more 
difficult, uncertain, or costly for domestic 
industries to achieve or maintain over 
time, a detailed explanation providing the 
basis for this conclusion.’’. 
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SEC. 303. EFFECTIVE DATE. 
The amendments made by this title take effect on the 
date of the enactment of this Act. 
TITLE IV—CONGRESSIONAL AD-
VISORY COMMISSION ON WTO 
DISPUTE SETTLEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Congressional Advi-
sory Commission on WTO Dispute Settlement Act’’. 
SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The United States joined the World Trade 
Organization as an original member with the goal of 
creating an improved global trading system and pro-
viding expanded economic opportunities for United 
States firms and workers. 
(2) The dispute settlement rules of the WTO 
were created to enhance the likelihood that govern-
ments will observe their WTO obligations. 
(3) These dispute settlement rules help ensure 
that the United States can reap the full benefits of 
its participation in the WTO. 
(4) Successful operation of the WTO dispute 
settlement system was critical to congressional ap-
proval of the Uruguay Round Agreements and is 
critical to continued support by the United States 
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for the WTO. In particular, it is imperative that dis-
pute settlement panels and the Appellate Body— 
(A) operate with fairness and in an impar-
tial manner; 
(B) strictly observe the terms of reference 
and any applicable standard of review set forth 
in the Uruguay Round Agreements; and 
(C) not add to the obligations, or diminish 
the rights, of WTO members under the Uru-
guay Round Agreements in violation of Articles 
3.2 and 19.2 of the Dispute Settlement Under-
standing. 
(5) An increasing number of reports by dispute 
settlement panels and the Appellate Body have 
raised serious concerns within the Congress about 
the ability of the WTO dispute settlement system to 
operate in accordance with paragraph (4). 
(6) In particular, several reports of dispute set-
tlement panels and the Appellate Body have added 
to the obligations and diminished the rights of WTO 
members, particularly under the Agreement on Im-
plementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, the Agreement on Sub-
sidies and Countervailing Measures, and the Agree-
ment on Safeguards. 
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(7) In order to come into compliance with re-
ports of dispute settlement panels and the Appellate 
Body that have been adopted by the Dispute Settle-
ment Body, the Congress may need to amend or re-
peal statutes of the United States. In such cases, the 
Congress must have a high degree of confidence that 
the reports are in accordance with paragraph (4). 
(8) The Congress needs impartial, objective, 
and juridical advice to determine the appropriate re-
sponse to reports of dispute settlement panels and 
the Appellate Body. 
(9) The United States remains committed to 
the multilateral, rules-based trading system. 
(b) PURPOSE.—It is the purpose of this title to pro-
vide for the establishment of the Congressional Advisory 
Commission on WTO Dispute Settlement to provide objec-
tive and impartial advice to the Congress on the operation 
of the dispute settlement system of the World Trade Orga-
nization. 
SEC. 403. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Congressional Advisory Com-
mission on WTO Dispute Settlement (in this title referred 
to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
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(1) COMPOSITION.—The Commission shall be 
composed of 5 members, all of whom shall be judges 
or former judges of the Federal judicial circuits and 
shall be appointed by the Speaker of the House of 
Representatives and the President pro tempore of 
the Senate after considering the recommendations of 
the Chairman and ranking member of the Com-
mittee on Finance of the Senate and the Chairman 
and ranking member of the Committee on Ways and 
Means of the House of Representatives. Commis-
sioners shall be chosen without regard to political af-
filiation and solely on the basis of each Commis-
sioner’s fitness to perform the duties of a Commis-
sioner. 
(2) DATE.—The appointments of the initial 
members of the Commission shall be made not later 
than 90 days after the date of the enactment of this 
Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—Members of the Commission 
shall each be appointed for a term of 5 years, except 
that of the members first appointed, 3 members 
shall be appointed for terms of 3 years. 
(2) VACANCIES.— 
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(A) IN
GENERAL.—Any vacancy on the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment was made and shall be subject 
to the same conditions as the original appoint-
ment. 
(B) UNEXPIRED
TERM.—An individual 
chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(e) MEETINGS.—The Commission shall meet at the 
call of the Chairperson. 
(f) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a Chairperson and Vice Chair-
person from among its members. 
(h) FUNDING.—Members of the Commission shall be 
allowed travel expenses, including per diem in lieu of sub-
sistence at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
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Code, while away from their homes or regular places of 
business in the performance of services for the Commis-
sion. 
SEC. 404. DUTIES OF THE COMMISSION. 
(a) ADVISING CONGRESS ON THE OPERATION OF 
THE WTO DISPUTE SETTLEMENT SYSTEM.— 
(1) IN GENERAL.—The Commission shall re-
view— 
(A) all adverse reports of dispute settle-
ment panels and the Appellate Body which 
are— 
(i) adopted by the Dispute Settlement 
Body; and 
(ii) the result of a proceeding initiated 
against the United States by a WTO mem-
ber; and 
(B) upon the request of the Committee on 
Ways and Means of the House of Representa-
tives or the Committee on Finance of the Sen-
ate— 
(i) any adverse report of a dispute 
settlement panel or the Appellate Body— 
(I) which is adopted by the Dis-
pute Settlement Body; and 
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(II) in which the United States is 
a complaining party; or 
(ii) any other finding which is con-
tained in a report of a dispute settlement 
panel or the Appellate Body that is adopt-
ed by the Dispute Settlement Body. 
(2) SCOPE OF REVIEW.—The Commission shall 
advise the Congress in connection with each adverse 
finding or other finding under paragraph (1) (B) 
only whether— 
(A) the dispute settlement panel or the Ap-
pellate Body, as the case may be— 
(i) exceeded its authority or its terms 
of reference; 
(ii) added to the obligations, or dimin-
ished the rights, of the United States 
under the Uruguay Round Agreement 
which is the subject of the finding; 
(iii) acted arbitrarily or capriciously, 
engaged in misconduct, or demonstrably 
departed from the procedures specified for 
panels and the Appellate Body in the ap-
plicable Uruguay Round Agreement; and 
(iv) deviated from the applicable 
standard of review, including in anti-
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dumping, countervailing duty, and other 
unfair trade remedy cases, the standard of 
review set forth in Article 17.6 of the 
Agreement on Implementation of Article 
VI of the General Agreement on Tariffs 
and Trade 1994; and 
(B) the finding is consistent with the origi-
nal understanding by the United States of the 
Uruguay Round Agreement that is the subject 
of the finding as explained in the statement of 
administrative action approved under section 
101(a) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(a)). 
(3) NO DEFERENCE.—Applying the standards 
set forth in paragraph (2) does not require deference 
to findings of law made by the dispute settlement 
panel or the Appellate Body, as the case may be. 
(b) DETERMINATION; REPORT.— 
(1) DETERMINATION.— 
(A) IN
GENERAL.—Not later than 150 
days after the date on which the Commission 
receives notice of a report or request under sec-
tion 405(b), the Commission shall make a writ-
ten determination with respect to the matters 
described in paragraph (2) of subsection (a), in-
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cluding a full analysis of the basis for its deter-
mination. A vote by a majority of the members 
of the Commission shall constitute a determina-
tion of the Commission, although the members 
need not agree on the basis for their vote. 
(B) DISSENTING
OR
CONCURRING
OPIN-
IONS.—Any member of the Commission who 
disagrees with a determination of the Commis-
sion or who concurs in such a determination on 
a basis different from that of the Commission 
or other members of the Commission, may write 
an opinion expressing such disagreement or 
concurrence, as the case may be. 
(2) REPORT.—The Commission shall promptly 
report the determinations described in paragraph 
(1)(A) to the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate. The Commission shall include 
with the report any opinions written under para-
graph (1)(B) with respect to the determination. 
(c) AVAILABILITY TO THE PUBLIC.—Each report of 
the Commission under subsection (b)(2), together with the 
opinions included with the report, shall be made available 
to the public. 
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SEC. 405. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold a public 
hearing to solicit views concerning a report of a dispute 
settlement panel or the Appellate Body described in sec-
tion 404(a)(1), if the Commission considers such hearing 
to be necessary to carry out the purpose of this title. The 
Commission shall provide reasonable notice of a hearing 
held pursuant to this subsection. 
(b) INFORMATION FROM INTERESTED PARTIES AND 
FEDERAL AGENCIES.— 
(1) NOTICE TO COMMISSION.— 
(A) UNDER SECTION 404(a)(1)(A).—The 
Trade Representative shall advise the Commis-
sion not later than 5 business days after the 
date the Dispute Settlement Body adopts a re-
port of a panel or the Appellate Body that is 
to be reviewed by the Commission under section 
404(a)(1)(A). 
(B) UNDER SECTION 404(a)(1)(B).—The 
Committee on Ways and Means or the Com-
mittee on Finance, as the case may be, may 
make and notify the Commission of a request 
under section 404(a)(1)(B) not later than 1 
year after the Dispute Settlement Body adopts 
the report that is the subject of the request. 
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(C) REPORTS
ADOPTED
PRIOR
TO
AP-
POINTMENT OF COMMISSION.—With respect to 
any report to which section 404(a)(1)(B) ap-
plies and that is adopted before the date on 
which the first members of the Commission are 
appointed under section 403(b)(2), the Com-
mittee on Ways and Means or the Committee 
on Finance, as the case may be, may make and 
notify the Commission of a request under sec-
tion 404(a)(1)(B) with respect to that report 
not later than 1 year after the date on which 
the first members of the Commission are ap-
pointed under section 403(b)(2). 
(2) SUBMISSIONS AND REQUESTS FOR INFOR-
MATION.— 
(A) IN GENERAL.—The Commission shall 
promptly publish in the Federal Register notice 
of the notice received under paragraph (1) from 
the Trade Representative, the Committee on 
Ways and Means, or the Committee on Fi-
nance, as the case may be, along with notice of 
an opportunity for interested parties to submit 
written comments to the Commission. The 
Commission shall make comments submitted 
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pursuant to the preceding sentence available to 
the public. 
(B) INFORMATION FROM FEDERAL AGEN-
CIES
AND
DEPARTMENTS.—The Commission 
may also secure directly from any Federal de-
partment or agency such information as the 
Commission considers necessary to carry out 
the provisions of this title. Upon the request of 
the chairperson of the Commission, the head of 
such department or agency shall furnish the in-
formation requested to the Commission in a 
timely manner. 
(3) ACCESS TO PANEL AND APPELLATE BODY 
DOCUMENTS.— 
(A) IN GENERAL.—The Trade Representa-
tive shall make available to the Commission all 
submissions and relevant documents relating to 
a report of a panel or the Appellate Body de-
scribed in section 404(a)(1), including any in-
formation contained in such submissions identi-
fied by the provider of the information as pro-
prietary information or information designated 
as confidential by a foreign government. 
(B) 
PUBLIC
ACCESS.—Any 
document 
which the Trade Representative submits to the 
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Commission shall be available to the public, ex-
cept information which is identified as propri-
etary or confidential or the disclosure of which 
would otherwise violate the rules of the WTO. 
(c) ASSISTANCE FROM FEDERAL AGENCIES; CON-
FIDENTIALITY.— 
(1) ADMINISTRATIVE ASSISTANCE.—Any agency 
or department of the United States that is des-
ignated by the President shall provide administrative 
services, funds, facilities, staff, or other support 
services to the Commission to assist the Commission 
with the performance of the Commission’s functions. 
(2) CONFIDENTIALITY.—The Commission shall 
protect from disclosure any document or information 
submitted to it by a department or agency of the 
United States which the agency or department re-
quests be kept confidential. The Commission shall 
not be considered to be an agency for purposes of 
section 552 of title 5, United States Code. 
SEC. 406. REPORT BY UNITED STATES TRADE REPRESENTA-
TIVE. 
(a) IN GENERAL.—Not later than 90 days after the 
third instance in which the Commission, under section 
402(a)(2), advises Congress in the affirmative with respect 
to one or more actions specified in section 402(a)(2)(A), 
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the United States Trade Representative shall submit to 
the congressional committees specified in subsection (c) a 
report detailing a course of action for reforming the WTO 
dispute settlement process so as to ensure that dispute set-
tlement panels and the Appellate Body do not take actions 
specified in section 402(a)(2)(A). 
(b) FOLLOW-UP REPORTS.—Once the United States 
Trade Representative submits to the congressional com-
mittees a report under subsection (a), the United States 
Trade Representative shall thereafter submit to those 
committees, not less frequently than once every six 
months, a report detailing the progress made with respect 
to reforming the WTO dispute settlement process (as de-
scribed in subsection (a)). 
(c) SPECIFIED COMMITTEES.—The committees re-
ferred to in subsection (a) are the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee on Finance of the Senate. 
SEC. 407. DEFINITIONS. 
In this title: 
(1) ADVERSE
FINDING.—The term ‘‘adverse 
finding’’ means— 
(A) in a proceeding of a panel or the Ap-
pellate Body that is initiated against the United 
States, a finding by the panel or the Appellate 
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Body that any law or regulation of, or applica-
tion thereof by, the United States, or any State, 
is inconsistent with the obligations of the 
United States under a Uruguay Round Agree-
ment (or nullifies or impairs benefits accruing 
to a WTO member under such an Agreement); 
or 
(B) in a proceeding of a panel or the Ap-
pellate Body in which the United States is a 
complaining party, any finding by the panel or 
the Appellate Body that a measure of the party 
complained against is not inconsistent with that 
party’s obligations under a Uruguay Round 
Agreement (or does not nullify or impair bene-
fits accruing to the United States under such 
an Agreement). 
(2) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established by the 
Dispute Settlement Body pursuant to Article 17.1 of 
the Dispute Settlement Understanding. 
(3) DISPUTE
SETTLEMENT
BODY.—The term 
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body established pursuant to the Dispute 
Settlement Understanding. 
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(4) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
(5) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(16)). 
(6) TERMS OF REFERENCE.—The term ‘‘terms 
of reference’’ has the meaning given such term in 
the Dispute Settlement Understanding. 
(7) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
(8) URUGUAY ROUND AGREEMENT.—The term 
‘‘Uruguay Round Agreement’’ means any of the 
Agreements described in section 101(d) of the Uru-
guay Round Agreements Act. 
(9) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien ad-
mitted for permanent residence into the United 
States; and 
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(B) a corporation, partnership, or other 
legal entity organized under the laws of the 
United States or of any State, the District of 
Columbia, or any commonwealth, territory, or 
possession of the United States. 
(10) WORLD TRADE ORGANIZATION; WTO.—The 
terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 
mean the organization established pursuant to the 
WTO Agreement. 
(11) WTO AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
(12) WTO MEMBER.—The term ‘‘WTO mem-
ber’’ has the meaning given that term in section 
2(10) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(10)). 
SEC. 408. EFFECTIVE DATE. 
This title shall take effect on the date of the enact-
ment of this Act. 
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TITLE V—STEEL IMPORT 
LICENSING AND MONITORING 
SEC. 501. MAINTENANCE AND EXPANSION OF STEEL IM-
PORT LICENSING AND MONITORING PRO-
GRAM. 
(a) MAINTENANCE OF PROGRAM.—The steel import 
licensing and monitoring program established by the Sec-
retary of the Treasury and the Secretary of Commerce 
pursuant to the Memorandum signed by the President on 
March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pur-
suant to the authority of the President under section 
203(g) of the Trade Act of 1974), shall, notwithstanding 
any other action taken by the President under section 203 
of the Trade Act of 1974 concerning the steel products 
described in the Memorandum, remain in effect and be 
established by the Secretary of Commerce as a permanent 
program. 
(b) EXPANSION OF PROGRAM.— 
(1) IN GENERAL.—In carrying out the program 
in accordance with subsection (a), the Secretary of 
the Treasury and the Secretary of Commerce shall 
expand the program to include all iron and steel, 
and all articles of iron or steel, described in para-
graph (2). The import and licensing data made 
available to the public as part of this program shall 
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be released based upon classifications at the tenth 
digit level of the Harmonized Tariff Schedule of the 
United States. 
(2) IRON
AND
STEEL
DESCRIBED.—The iron 
and steel, and articles of iron or steel, referred to in 
subparagraph (A) are the iron and steel, and articles 
of iron or steel, contained in the following headings 
and subheadings of the Harmonized Tariff Schedule 
of the United States: 
(A) Each of the headings 7206 through 
7229 (relating to mill products). 
(B) Each of the headings 7301 through 
7307 (relating to rails, structurals, pipe and 
tubes, and fittings and flanges). 
(C) Heading 7308 (relating to fabricated 
structurals). 
(D) Subheading 7310.10.00 (relating to 
barrels and drums). 
(E) Heading 7312 (relating to strand and 
rope). 
(F) Heading 7313.00.00 (relating to 
barbed and fence wire). 
(G) Headings 7314, 7315, and 7317.00 
(relating to fabricated wire). 
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(H) Heading 7318 (relating to industrial 
fasteners). 
(I) Heading 7326 (relating to fence posts). 
(c) ADDITIONAL AUTHORITY.—The Secretary of the 
Treasury and the Secretary of Commerce are hereby au-
thorized and directed to take such actions as are nec-
essary— 
(1) to maintain the program described in sub-
section (a) in accordance with such subsection; and 
(2) to expand, as necessary and appropriate, 
such program in accordance with subsection (b). 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. CONSTRUCTION. 
The amendments made by this Act shall not be con-
strued to create any inference with respect to the interpre-
tation of the provisions of law amended by this Act as 
such provisions were in effect before the enactment of this 
Act. 
SEC. 602. APPLICATION TO GOODS FROM CANADA AND 
MEXICO. 
Pursuant to section 1902 of the North American 
Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation Act, the 
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amendments made by this Act shall apply to goods from 
Canada and Mexico. 
SEC. 603. PARTICIPATION IN WTO PANEL PROCEEDINGS. 
(a) IN GENERAL.—If the United States Trade Rep-
resentative, in proceedings before a dispute settlement 
panel or the Appellate Body of the WTO, seeks— 
(1) to enforce United States rights under a 
multilateral trade agreement, or 
(2) to defend a challenged action or determina-
tion of the United States Government, 
a private United States person that is supportive of the 
United States Government’s position before the panel or 
Appellate Body and that has a direct economic interest 
in the panel’s or Appellate Body’s resolution of the mat-
ters in dispute shall be permitted to participate in con-
sultations and panel proceedings. The Trade Representa-
tive shall issue regulations, consistent with subsections (b) 
and (c), ensuring full and effective participation by any 
such private person. 
(b) ACCESS TO INFORMATION.—The United States 
Trade Representative shall make available to persons de-
scribed in subsection (a) all information presented to or 
otherwise obtained by the Trade Representative in connec-
tion with a WTO dispute settlement proceeding. The 
United States Trade Representative shall promulgate reg-
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ulations implementing a protective order system to protect 
information designated by the submitting member as con-
fidential. 
(c) PARTICIPATION IN PANEL PROCESS.—Upon re-
quest from a person described in subsection (a), the 
United States Trade Representative shall— 
(1) consult in advance with such person regard-
ing the content of written submissions from the 
United States to the WTO panel concerned or to the 
other member countries involved; 
(2) include, if appropriate, such person or its 
appropriate representative as an advisory member of 
the delegation in sessions of the dispute settlement 
panel; 
(3) allow such special delegation member, if 
such member would bring special knowledge to the 
proceeding, to appear before the panel, directly or 
through counsel, under the supervision of responsible 
United States Government officials; and 
(4) in proceedings involving confidential infor-
mation, allow the appearance of such person only 
through counsel as a member of the special delega-
tion. 
(d) DEFINITIONS.—In this section: 
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(1) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established under 
Article 17.1 of the Dispute Settlement Under-
standing. 
(2) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
(3) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien ad-
mitted for permanent residence into the United 
States; and 
(B) a corporation, partnership, or other 
legal entity organized under the laws of the 
United States or of any State, the District of 
Columbia, or any commonwealth, territory, or 
possession of the United States. 
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(5) WTO.—The term ‘‘WTO’’ means the orga-
nization established pursuant to the WTO Agree-
ment. 
(6) WTO 
AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
Æ 
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