I
106TH CONGRESS
1ST SESSION
H. R. 2612
To expand United States exports of goods and services by requiring the
development of objective criteria to achieve market access in foreign
countries, to provide the President with reciprocal trade authority, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 1999
Mr. TRAFICANT (for himself and Mr. VISCLOSKY) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Rules, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To expand United States exports of goods and services by
requiring the development of objective criteria to achieve
market access in foreign countries, to provide the Presi-
dent with reciprocal trade authority, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade Policy Reform
Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—OPEN MARKETS AND FAIR TRADE PROVISIONS
Sec. 1101. Short title.
Sec. 1102. Reports on market access.
Sec. 1103. Negotiations to achieve market access.
Sec. 1104. Monitoring of agreements and understandings.
Sec. 1105. Triggering of section 301 actions.
Sec. 1106. Expedited procedures for certain presidential actions.
Sec. 1107. Uruguay round agreements not affected.
Sec. 1108. Inclusion of certain additional information in National Trade Esti-
mate report.
Sec. 1109. Definitions.
TITLE II—RELIEF FROM UNFAIR TRADE PRACTICES UNDER THE
TRADE ACT OF 1974
Sec. 2101. Actions by United States Trade Representative under section 301.
Sec. 2102. Initiation of investigations.
Sec. 2103. Monitoring of foreign compliance.
Sec. 2104. Requests for review of foreign compliance.
Sec. 2105. Renewal of annual report on discrimination of United States prod-
ucts or services in foreign government procurements.
Sec. 2106. Withdrawal from suspension agreements for certain steel products.
TITLE III—ABOLISHMENT OF UNITED STATES INTERNATIONAL
TRADE COMMISSION AND TRANSFER OF FUNCTIONS TO DE-
PARTMENT OF COMMERCE
Subtitle A—Abolishment of United States International Trade Commission
Sec. 3001. Abolishment of Commission.
Subtitle B—Transfer of Functions of Commission to Department of
Commerce
CHAPTER 1—FUNCTIONS UNDER THE TARIFF ACT OF 1930
SUBCHAPTER A—PART II OF TITLE III OF THE TARIFF ACT OF 1930
Sec. 3101. Investigations.
Sec. 3102. Testimony and production of papers.
Sec. 3103. Cooperation with other agencies.
Sec. 3104. Rules and regulations.
Sec. 3105. Equalization of costs of production.
Sec. 3106. Unfair practices in import trade.
Sec. 3107. Discrimination by foreign countries.
Sec. 3108. Trade remedy assistance.
Sec. 3109. Interference with functions.
SUBCHAPTER B—TITLE VII OF THE TARIFF ACT OF 1930
PART I—IMPOSITION OF COUNTERVAILING DUTIES
Sec. 3111. Countervailing duties imposed.
Sec. 3112. Procedures for initiating a countervailing duty investigation.
Sec. 3113. Preliminary determinations.
Sec. 3114. Termination or suspension of investigation.
Sec. 3115. Final determinations.
Sec. 3116. Assessment of duty.
Sec. 3117. Treatment of difference between deposit of estimated countervailing
duty and final assessed duty under countervailing duty order.
PART II—IMPOSITION OF ANTIDUMPING DUTIES
Sec. 3121. Antidumping duties imposed.
Sec. 3122. Procedures for initiating an antidumping duty investigation.
Sec. 3123. Preliminary determinations.
Sec. 3124. Termination or suspension of investigation.
Sec. 3125. Final determinations.
Sec. 3126. Assessment of duty.
Sec. 3127. Treatment of difference between deposit of estimated antidumping
duty and final assessed duty under antidumping duty order.
Sec. 3128. Establishment of product categories for short life cycle merchandise.
PART III—REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS
Sec. 3131. Administrative review of determinations.
Sec. 3132. Special rules for section 751(b) and 751(c) reviews.
Sec. 3133. Special rules for injury investigations for certain section 303 or sec-
tion 701(c) countervailing duty orders and investigations.
Sec. 3134. Required determinations.
PART IV—GENERAL PROVISIONS
Sec. 3141. Definitions; special rules.
Sec. 3142. Hearings.
Sec. 3143. Determinations on the basis of the facts available.
Sec. 3144. Access to information.
Sec. 3145. Downstream product monitoring.
Sec. 3146. Prevention of circumvention of antidumping and countervailing duty
orders.
Sec. 3147. Conduct of investigations and administrative reviews.
Sec. 3148. Antidumping petitions by third countries.
CHAPTER 2—FUNCTIONS UNDER THE TRADE ACT OF 1974
Sec. 3201. Advice from Secretary of Commerce.
Sec. 3202. Prerequisites for offers.
Sec. 3203. Transmission of agreements to Congress.
Sec. 3204. Action to facilitate positive adjustment to import competition.
Sec. 3205. Investigations, determinations, and recommendations.
Sec. 3206. Action by President after determination of import injury.
Sec. 3207. Monitoring, modification, and determination of action.
Sec. 3208. Study by Secretary of Labor when Secretary of Commerce begins
investigation.
Sec. 3209. Study by Secretary of Commerce; action where there is affirmative
finding.
Sec. 3210. Determinations by the Trade Representative.
Sec. 3211. Market disruption.
Sec. 3212. Designation of eligible articles.
Sec. 3213. Additional functions of the Secretary of Commerce.
CHAPTER 3—FUNCTIONS UNDER OTHER PROVISIONS OF LAW
Sec. 3301. Act of June 12, 1934.
Sec. 3302. Trade Agreements Extension Act of 1951.
Sec. 3303. Omnibus Trade and Competitiveness Act of 1988.
Sec. 3304. Andean Trade Preference Act.
Sec. 3305. Uruguay Round Agreements Act.
Sec. 3306. Atomic Energy Act of 1954.
CHAPTER 4—MISCELLANEOUS PROVISIONS
Sec. 3401. Transfer of other functions.
Sec. 3402. Transfer of assets and funds.
Sec. 3403. Savings provisions.
Subtitle C—Technical and Conforming Amendments
Sec. 3501. Technical and conforming amendments.
Sec. 3502. Other references.
Subtitle D—Effective Date
Sec. 3601. Effective date.
TITLE IV—WTO DISPUTE SETTLEMENT REVIEW COMMISSION
Sec. 4101. Short title.
Sec. 4102. Congressional findings and purpose.
Sec. 4103. Establishment of commission.
Sec. 4104. Duties of the commission.
Sec. 4105. Powers of the commission.
Sec. 4106. Review of dispute settlement procedures and participation in the
WTO.
Sec. 4107. Participation in WTO panel proceedings.
Sec. 4108. Definitions.
Sec. 4109. Authorization of appropriations.
TITLE I—OPEN MARKETS AND
FAIR TRADE PROVISIONS
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Open Markets and
Fair Trade Act of 1999’’.
SEC. 1102. REPORTS ON MARKET ACCESS.
(a) ANNUAL REPORTS.—Not later than 90 days after
the date of the enactment of this Act, and annually there-
after, the Secretary shall submit to the Congress a report
with respect to those countries selected by the Secretary
in which goods or services produced or originating in the
United States, that would otherwise be competitive in
those countries, do not have market access. Each report
shall contain the following with respect to each such coun-
try:
(1) ASSESSMENT OF POTENTIAL MARKET AC-
CESS.—An assessment of the opportunities that
would, but for the lack of market access, be available
in the market in that country, for goods and services
produced or originating in the United States in
those sectors selected by the Secretary. In making
such assessment, the Secretary shall consider the
competitive position of such goods and services in
similarly developed markets in other countries. Such
assessment shall specify the time periods within
which such market access opportunities should rea-
sonably be expected to be obtained.
(2) CRITERIA
FOR
MEASURING
MARKET
AC-
CESS.—Objective criteria for measuring the extent to
which those market access opportunities described in
paragraph (1) have been obtained. The development
of such objective criteria may include the use of in-
terim objective criteria to measure results on a peri-
odic basis, as appropriate.
(3) COMPLIANCE WITH TRADE AGREEMENTS.—
An assessment of whether, and to what extent, the
country concerned has materially complied with—
(A) 
agreements 
and 
understandings
reached between the United States and that
country pursuant to section 1103, and
(B) existing trade agreements between the
United States and that country.
Such assessment shall include specific information
on the extent to which United States suppliers have
achieved additional access to the market in the coun-
try concerned and the extent to which that country
has complied with other commitments under such
agreements and understandings.
(b) SELECTION OF COUNTRIES AND SECTORS.—
(1) IN GENERAL.—In selecting countries and
sectors that are to be the subject of a report under
subsection (a), the Secretary shall give priority to—
(A) any country with which the United
States has a trade deficit if access to the mar-
kets in that country is likely to have significant
potential to increase exports of United States
goods and services; and
(B) any country, and sectors therein, in
which access to the markets will result in sig-
nificant employment benefits for producers of
United States goods and services.
The Secretary shall also give priority to sectors
which represent critical technologies, including those
identified by the National Critical Technologies
Panel under section 603 of the National Science and
Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6683).
(2) FIRST REPORT.—The first report submitted
under subsection (a) shall include those countries
with which the United States has a substantial por-
tion of its trade deficit.
(3) TRADE
SURPLUS
COUNTRIES.—The Sec-
retary may include in reports after the first report
such countries as the Secretary considers appro-
priate with which the United States has a trade sur-
plus but which are otherwise described in subsection
(a) and paragraph (1) of this subsection.
(c) OTHER SECTORS.—The Secretary shall include
an assessment under subsection (a) of any country or sec-
tor for which the Trade Representative requests such as-
sessment be made. In preparing any such request, the
Trade Representative shall give priority to those barriers
identified in the reports required by section 181(b) of the
Trade Act of 1974 (19 U.S.C. 2241(b)).
(d) INFORMATION
ON ACCESS
BY FOREIGN SUP-
PLIERS.—The Secretary shall consult with the govern-
ments of foreign countries concerning access to the mar-
kets of any other country of goods and services produced
or originating in those countries. At the request of the
government of any such country so consulted, the Sec-
retary may include in the reports required by subsection
(a) information, with respect to that country, on such ac-
cess.
SEC. 1103. NEGOTIATIONS TO ACHIEVE MARKET ACCESS.
(a) NEGOTIATING AUTHORITY.—The President is au-
thorized to enter into agreements or other understandings
with the government of any country for the purpose of
obtaining the market access opportunities described in the
reports of the Secretary under section 1102.
(b) DETERMINATION
OF PRIORITY
OF NEGOTIA-
TIONS.—Upon the submission by the Secretary of each re-
port under section 1102, the Trade Representative shall
determine—
(1) for which countries and sectors identified in
the report the Trade Representative will pursue ne-
gotiations, during the 6-month period following sub-
mission of the report, for the purpose of concluding
agreements or other understandings described in
subsection (a), and the timeframe for pursuing nego-
tiations on any other country or sector identified in
the report; and
(2) for which countries and sectors identified in
any previous report of the Secretary under section
1102 the Trade Representative will pursue negotia-
tions, during the 6-month period described in para-
graph (1), in cases in which—
(A) negotiations were not previously pur-
sued by the Trade Representative, or
(B) negotiations that were pursued by the
Trade Representative did not result in the con-
clusion of an agreement or understanding de-
scribed in subsection (a) during the preceding
6-month period, but are expected to result in
such an agreement or understanding during the
6-month period described in paragraph (1).
For purposes of this title, negotiations by the Trade Rep-
resentative with respect to a particular sector shall be for
a period of not more than 12 months.
(c) SEMIANNUAL REPORTS.—At the end of the 6-
month period beginning on the date on which the Sec-
retary’s first report is submitted under section 1102(a),
and every 6 months thereafter, the Trade Representative
shall submit to the Congress a report containing the fol-
lowing:
(1) REPORT WHERE NEGOTIATIONS PURSUED
IN
PREVIOUS
6-MONTH
PERIOD.—With respect to
each country and sector on which negotiations de-
scribed in subsection (b) were pursued during that
6-month period—
(A) a determination of whether such nego-
tiations have resulted in the conclusion of an
agreement or understanding intended to obtain
the market access opportunities described in the
most recent applicable report of the Secretary,
and if not—
(i) whether such negotiations are con-
tinuing because they are expected to result
in such an agreement or understanding
during the succeeding 6-month period; or
(ii) whether such negotiations have
terminated;
(B) in the case of a positive determination
made under subparagraph (A)(i) in the pre-
ceding report submitted under this subsection,
a determination of whether the continuing ne-
gotiations have resulted in the conclusion of an
agreement or understanding described in sub-
paragraph (A) during that 6-month period.
(2) REPORT WHERE NEGOTIATIONS NOT PUR-
SUED.—With respect to each country and sector on
which negotiations described in subsection (b) were
not pursued during that 6-month period, a deter-
mination of when such negotiations will be pursued.
SEC. 1104. MONITORING OF AGREEMENTS AND UNDER-
STANDINGS.
(a) IN GENERAL.—For the purpose of making the
assessments required by section 1102(a)(3), the Secretary
shall monitor the compliance with each agreement or un-
derstanding reached between the United States and any
country pursuant to section 1103, and with each existing
trade agreement between the United States and any coun-
try that is the subject of a report under section 1102(a).
In making each such assessment, the Secretary shall
describe—
(1) the extent to which market access for the
country and sectors covered by the agreement or un-
derstanding has been achieved; and
(2) the bilateral trade relationship with that
country in that sector.
In the case of agreements or understandings reached pur-
suant to section 1103, the description under paragraph
(1) shall be done on the basis of the objective criteria set
forth in the applicable report under section 1102(a)(2).
(b) TREATMENT
OF AGREEMENTS
AND UNDER-
STANDINGS.—Any agreement or understanding reached
pursuant to negotiations conducted under this title, and
each existing trade agreement between the United States
and a country that is the subject of a report under section
1102(a), shall be considered to be a trade agreement for
purposes of section 301 of the Trade Act of 1974.
SEC. 1105. TRIGGERING OF SECTION 301 ACTIONS.
(a) FAILURE TO CONCLUDE AGREEMENTS.—In any
case in which the Trade Representative determines under
subparagraph (A)(ii) or (B) of section 1103(c)(1) that ne-
gotiations have not resulted in the conclusion of an agree-
ment or understanding described in section 1103(a), each
restriction on, or barrier or impediment to, access to the
markets of the country concerned that was the subject of
such negotiations shall, for purposes of title III of the
Trade Act of 1974, be considered to be an act, policy, or
practice determined under section 304 of that Act to be
an act, policy, or practice that is unreasonable and dis-
criminatory and burdens or restricts United States com-
merce. The Trade Representative shall determine what ac-
tion to take under section 301(b) of that Act in response
to such act, policy, or practice.
(b) NONCOMPLIANCE WITH AGREEMENTS OR UN-
DERSTANDINGS.—In any case in which the Secretary de-
termines, in a report submitted under section 1102(a),
that a foreign country is not in material compliance
with—
(1) any agreement or understanding concluded
pursuant to negotiations conducted under section
1103, or
(2) any existing trade agreement between the
United States and that country,
the Trade Representative shall determine what action to
take under section 301(a) of the Trade Act of 1974. For
purposes of section 301 of that Act, a determination of
noncompliance described in the preceding sentence shall
be treated as a determination made under section 304 of
that Act.
SEC. 1106. EXPEDITED PROCEDURES FOR CERTAIN PRESI-
DENTIAL ACTIONS.
(a) AUTHORITY FOR RECIPROCAL ACTIONS.—In any
case in which—
(1) section 1105 applies,
(b) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘reciprocal action’’ means action
that is taken in direct response to a restriction on,
or barrier or impediment to, access to the market in
another country and is comparable or of equivalent
effect to such restriction, barrier, or impediment;
and
(2) the term ‘‘implementing legislation’’ means
a bill of either House of Congress which is intro-
duced as provided in subsection (c) and which con-
tains provisions necessary to make the changes or
provide the authority described in subsection (a)(3).
(c) PROCEDURES
FOR
IMPLEMENTING
LEGISLA-
TION.—On the day on which implementing legislation is
submitted to the House of Representatives and the Senate
under subsection (a), the implementing legislation shall be
introduced and referred as provided in section 151(c)(1)
of the Trade Act of 1974 for implementing bills under
such section. The provisions of subsections (d), (e), (f),
and (g) of section 151 of such Act shall apply to imple-
menting legislation to the same extent as such subsections
apply to implementing bills.
(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, re-
spectively, and as such is deemed a part of the rules
of each House, respectively, and such procedures su-
persede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitu-
tional 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 ex-
tent as any other rule of that House.
SEC. 1107. URUGUAY ROUND AGREEMENTS NOT AFFECTED.
Nothing in this title shall be construed to violate any
provision of the agreements approved by the Congress in
section 101(a)(1) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(a)(1)).
SEC. 1108. INCLUSION OF CERTAIN ADDITIONAL INFORMA-
TION IN NATIONAL TRADE ESTIMATE RE-
PORT.
(a) 
NATIONAL
TRADE
ESTIMATES.—Section
181(a)(1) of the Trade Act of 1974 (19 U.S.C.
2241(a)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at
the end;
(2) in subparagraph (C), by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(D) further identify those acts, policies,
or practices identified under subparagraph (A)
that violate treaties or other international
agreements, including international labor agree-
ments or international labor standards (such as
standards established by the International
Labor Organization) of the foreign country;
‘‘(E) identify remedial actions, if any,
taken by the United States Government with
respect to acts, policies, or practices identified
under subparagraph (A); and
‘‘(F) further identify those acts, policies,
or practices identified under subparagraph (A)
that need further classification and documenta-
tion from the foreign government involved.’’.
(b) CERTAIN FACTORS TAKEN INTO ACCOUNT IN
MAKING ANALYSIS AND ESTIMATE.—Section 181(a)(2) of
the Trade Act of 1974 (19 U.S.C. 2241(a)(2)) is
amended—
(1) in subparagraph (D), by striking ‘‘and’’ at
the end;
(2) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) any advice given by representatives of
affected United States industries, including rep-
resentatives of labor unions.’’.
SEC. 1109. DEFINITIONS.
As used in this title:
(1) EXISTING
TRADE
AGREEMENT
BETWEEN
THE UNITED STATES AND A COUNTRY.—An ‘‘exist-
ing trade agreement’’ between the United States and
another country means any trade agreement or un-
derstanding that was entered into between the
United States and that country before the date of
the enactment of this Act and is in effect on such
date. Such term includes, but is not limited to—
(A) with respect to Japan—
(i) the Arrangement Between the Gov-
ernment of Japan and the Government of
the United States of America Concerning
Trade in Semiconductor Products, signed
in 1986;
(ii) the Arrangement Between the
Government of Japan and the Government
of the United States of America Con-
cerning Trade in Semiconductor Products,
signed in 1991;
(iii) the United States-Japan Wood
Products Agreement, signed on June 5,
1990;
(iv) Measures Related to Japanese
Public Sector Procurements of Computer
Products and Services, signed on January
10, 1992;
(v) the Tokyo Declaration on the
U.S.-Japan Global Partnership, signed on
January 9, 1992; and
(vi) the Cellular Telephone and Third-
Party Radio Agreement, signed in 1989;
(B) with respect to the European Union—
(i) the Agreement Concerning the Ap-
plication of the GATT Agreement on
Trade in Civil Aircraft Between the Euro-
pean Economic Community and the Gov-
ernment of the United States of America
on trade in large civil aircraft, with an-
nexes, entered into force on July 17, 1992;
(ii) the Agreement Concerning Pro-
curement Between the United States and
the European Union, signed April 15,
1994; and
(iii) the Memorandum of Under-
standing (MOU) on Procurement Between
the United States and the European
Union, signed May 25, 1993; and
(C) with respect to the People’s Republic
of China—
(i) 
the 
Memorandum 
of 
Under-
standing (MOU) on the Protection of In-
tellectual Property Rights Between the
United States and the People’s Republic of
China, signed January 17, 1992;
(ii) the Memorandum of Under-
standing (MOU) on Market Access Be-
tween the United States and the People’s
Republic of China, signed October 10,
1992;
(iii) the Bilateral Textile Agreement
Between the United States and the Peo-
ple’s Republic of China, signed January
17, 1994; and
(iv) an exchange of letters with an at-
tached action plan between the United
States and the People’s Republic of China,
signed February 26, 1995, relating to in-
tellectual property rights.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
(3) 
TRADE
REPRESENTATIVE.—The 
term
‘‘Trade Representative’’ means the United States
Trade Representative.
TITLE II—RELIEF FROM UNFAIR
TRADE 
PRACTICES 
UNDER
THE TRADE ACT OF 1974
SEC. 2101. ACTIONS BY UNITED STATES TRADE REP-
RESENTATIVE UNDER SECTION 301.
Section 301(d) of the Trade Act of 1974 (19 U.S.C.
2411(d)) is amended—
(1) by redesignating paragraphs (6) through
(9) as paragraphs (7) through (10), respectively;
and
(2) by inserting after paragraph (5) the fol-
lowing:
‘‘(6) An act, policy, or practice of a foreign
country is unreasonable and burdens or restricts
United States commerce if the act, policy, or prac-
tice provides for an agreement, understanding, or in-
formal arrangement between the foreign government
and a foreign business enterprise that has the effect
of restricting market access in the country for
United States goods or services or diverting goods or
services of that country or any other country to the
United States.’’.
SEC. 2102. INITIATION OF INVESTIGATIONS.
Section 302(a)(3) of the Trade Act of 1974 (19
U.S.C. 2412(a)(3)) is amended by striking ‘‘and shall pub-
lish’’ and all that follows and inserting the following: ‘‘and
shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate a report, and shall publish a notice in the
Federal Register, containing the determination, a sum-
mary of the reasons therefor, and a list of the specific ac-
tions (such as notice provided to, or negotiations entered
into with, the foreign country involved) the Trade Rep-
resentative has taken to address the concerns of the peti-
tioner.’’.
SEC. 2103. MONITORING OF FOREIGN COMPLIANCE.
Section 306 of the Trade Act of 1974 (19 U.S.C.
2416) is amended by adding at the end the following:
‘‘(d) REPORT.—The Trade Representative shall pre-
pare and submit to the Congress an annual report that
contains a description of all actions taken under this sec-
tion for the preceding calendar year.’’.
SEC. 2104. REQUESTS FOR REVIEW OF FOREIGN COMPLI-
ANCE.
(a) IN GENERAL.—Chapter 1 of title III of the Trade
Act of 1974 (19 U.S.C. 2411 et seq.) is amended by in-
serting after section 306 the following new section:
‘‘SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLI-
ANCE.
‘‘(a) DEFINITIONS.—As used in this section:
‘‘(1) INTERESTED PERSON.—The term ‘inter-
ested person’ means any person that has a signifi-
cant economic interest that is being, or has been, ad-
versely affected by the failure of a foreign country
to comply materially with the terms of a trade
agreement.
‘‘(2) TRADE
AGREEMENT.—The term ‘trade
agreement’ means any bilateral trade agreement to
which the United States is a party.
‘‘(3) WTO 
AGREEMENT.—The term ‘WTO
Agreement’ means the Agreement Establishing the
World Trade Organization entered into on April 15,
1994.
‘‘(b) REQUEST FOR REVIEW.—
‘‘(1) IN GENERAL.—An interested person may
request the Trade Representative to undertake a re-
view under this section to determine whether a for-
eign country is in material compliance with the
terms of a trade agreement.
‘‘(2) TIME PERIOD.—A request for the review
of a trade agreement under this section may be
made only during—
‘‘(A) the 30-day period beginning on each
anniversary of the effective date of the trade
agreement; and
‘‘(B) the 30-day period ending on the 90th
day before the termination date of the trade
agreement, if the first day of such 30-day pe-
riod occurs not less than 180 days after the last
occurring 30-day period referred to in subpara-
graph (A).
‘‘(3) REQUIREMENTS OF REQUEST.—The Trade
Representative shall commence a review under this
section if the request—
‘‘(A) is in writing;
‘‘(B) includes information reasonably avail-
able to the petitioner regarding the failure of
the foreign country to comply with the trade
agreement;
‘‘(C) identifies the economic interest of the
petitioner that is being adversely affected by the
failure referred to in subparagraph (B); and
‘‘(D) describes the extent of the adverse ef-
fect.
‘‘(4) TWO OR MORE REQUESTS.—If 2 or more
requests are filed during any period described in
paragraph (2) regarding the same trade agreement,
all of such requests shall be joined in a single review
of the trade agreement.
‘‘(c) REVIEW.—
‘‘(1) IN GENERAL.—If 1 or more requests re-
garding any trade agreement are received during
any period described in subsection (b)(2), then with-
in 90 days after the last day of such period the
Trade Representative shall determine whether the
foreign country is in material compliance with the
terms of the trade agreement.
‘‘(2) FACTORS.—In making a determination
under paragraph (1), the Trade Representative shall
take into account—
‘‘(A) the extent to which the foreign coun-
try has adhered to the commitments it made to
the United States;
‘‘(B) the extent to which that degree of ad-
herence has achieved the objectives of the
agreement; and
‘‘(C) any act, policy, or practice of the for-
eign country, or other relevant factor, that may
have contributed directly or indirectly to mate-
rial noncompliance with the terms of the agree-
ment.
The acts, policies, or practices referred to in sub-
paragraph (C) may include structural policies, tariff
or nontariff barriers, or other actions which affect
compliance with the terms of the agreement.
‘‘(3) CONSULTATION; PRESENTATION OF PUB-
LIC VIEWS.—In conducting any review under para-
graph (1), the Trade Representative may, if the
Trade Representative considers such action nec-
essary or appropriate—
‘‘(A) consult with the Secretary of Com-
merce and the Secretary of Agriculture; and
‘‘(B) provide opportunity for the presen-
tation of views by the public.
‘‘(d) ACTION
AFTER
AFFIRMATIVE
DETERMINA-
TION.—
‘‘(1) ACTION.—If, on the basis of the review
carried out under subsection (c), the Trade Rep-
resentative determines that a foreign country is not
in material compliance with the terms of a trade
agreement, the Trade Representative shall determine
what action to take under section 301(a).
‘‘(2) RULE OF CONSTRUCTION.—For purposes
of section 301, any determination made under sub-
section (c) shall be treated as a determination made
under section 304.
‘‘(3) ADDITIONAL
REQUIREMENT.—In deter-
mining what action to take under section 301(a), the
Trade Representative shall seek to minimize the ad-
verse impact on existing business relations or eco-
nomic interests of United States persons, including
products for which a significant volume of trade
does not currently exist.
‘‘(e) INTERNATIONAL
OBLIGATIONS.—Nothing in
this section may be construed as requiring actions that
are inconsistent with the international obligations of the
United States, including obligations under the WTO
Agreement.’’.
(b) CONFORMING AMENDMENTS.—
(1) CONGRESSIONAL
NOTIFICATION.—Section
309(3)(A) of the Trade Act of 1974 (19 U.S.C.
2419(3)(A)) is amended by striking ‘‘section 302’’
and inserting ‘‘sections 302 and 306A(c)’’.
(2) TABLE OF CONTENTS.—The table of con-
tents of the Trade Act of 1974 relating to chapter
1 of title III is amended by inserting after the item
relating to section 306 the following:
‘‘Sec. 306A. Requests for review of foreign compliance.’’.
SEC. 2105. RENEWAL OF ANNUAL REPORT ON DISCRIMINA-
TION OF UNITED STATES PRODUCTS OR
SERVICES IN FOREIGN GOVERNMENT PRO-
CUREMENTS.
(a) RENEWAL.—Notwithstanding section 7004 of the
Omnibus Trade and Competitiveness Act of 1988 (Public
Law 100–418; 102 Stat. 1548), subsections (d) through
(k) of section 305 of the Trade Agreements Act of 1979
(19 U.S.C. 2515) shall be effective beginning on and after
the date of the enactment of this Act.
(b) 
GENERAL
REPORT
ON
ACTIONS.—Section
305(k)(1) of the Trade Agreements Act of 1979 (19
U.S.C. 2515(k)(1)) is amended by striking ‘‘by no later
than April 30, 1994’’ and inserting ‘‘by no later than 6
years after the date of the enactment of this Act, and by
no later than April 30 of the last year of each subsequent
6-year period’’.
SEC. 2106. WITHDRAWAL FROM SUSPENSION AGREEMENTS
FOR CERTAIN STEEL PRODUCTS.
(a) WITHDRAWAL.—Notwithstanding any other pro-
vision of law, the Secretary of Commerce shall—
(1) withdraw from, and discontinue participa-
tion in, any suspension agreement under section 734
of the Tariff Act of 1930, with respect to any of the
following categories of steel products: semifinished,
plates, sheets and strips, wire rods, wire and wire
products, rail type products, bars, structural shapes
and units, pipes and tubes, iron ore, and coke prod-
ucts; and
(2) notify all parties to such agreement of the
termination of that agreement.
(b) PROHIBITION ON USE OF FUNDS.—No funds ap-
propriated by any Act may be used to implement or con-
tinue in effect any suspension agreement under section
734 of the Tariff Act of 1930, or to negotiate or otherwise
enter into any suspension agreement under section 734
of the Tariff Act of 1930, with respect to any of the fol-
lowing categories of steel products: semifinished, plates,
sheets and strips, wire rods, wire and wire products, rail
type products, bars, structural shapes and units, pipes and
tubes, iron ore, and coke products.
(c) EXPIRATION DATE.—This section shall expire on
January 20, 2001.
TITLE 
III—ABOLISHMENT 
OF
UNITED 
STATES 
INTER-
NATIONAL 
TRADE 
COMMIS-
SION 
AND 
TRANSFER 
OF
FUNCTIONS TO DEPARTMENT
OF COMMERCE
Subtitle A—Abolishment of United
States International Trade Com-
mission
SEC. 3001. ABOLISHMENT OF COMMISSION.
The United States International Trade Commission
(hereinafter in this title referred to as the ‘‘Commission’’)
is hereby abolished.
Subtitle B—Transfer of Functions
of Commission to Department of
Commerce
CHAPTER 1—FUNCTIONS UNDER THE
TARIFF ACT OF 1930
Subchapter A—Part II of Title III of the
Tariff Act of 1930
SEC. 3101. INVESTIGATIONS.
Section 332 of the Tariff Act of 1930 (19 U.S.C.
1332) is amended—
(1) in subsections (a) through (d), by striking
‘‘commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’; and
(2) in subsection (g)—
(A) by striking ‘‘commission’’ and ‘‘Com-
mission’’ each place such terms appear and in-
serting ‘‘Secretary of Commerce’’; and
(B) in the third sentence—
(i) by striking ‘‘all expenses incurred,
a summary of all reports’’ and inserting
‘‘all expenses incurred and a summary of
all reports’’; and
(ii) by striking ‘‘, and a list’’ and all
that follows and inserting a period.
SEC. 3102. TESTIMONY AND PRODUCTION OF PAPERS.
Section 333 of the Tariff Act of 1930 (19 U.S.C.
1333) is amended—
(1) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘commission’’ and in-
serting ‘‘Secretary of Commerce’’; and
(ii) by striking ‘‘or its duly authorized
agent or agents’’; and
(B) by striking the last sentence;
(2) in subsections (b) through (f), by striking
‘‘commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’; and
(3) in subsection (g)—
(A) by striking ‘‘Commission’’ and insert-
ing ‘‘Secretary of Commerce’’;
(B) by striking ‘‘employees of the commis-
sion’’ and inserting ‘‘employees of the Depart-
ment of Commerce’’; and
(C) by striking ‘‘at the request of the com-
mission’’ and inserting ‘‘at the request of the
Secretary of Commerce’’.
SEC. 3103. COOPERATION WITH OTHER AGENCIES.
Section 334 of the Tariff Act of 1930 (19 U.S.C.
1334) is amended—
(1) by striking ‘‘commission’’ each place it ap-
pears and inserting ‘‘Secretary of Commerce’’;
(2) by striking ‘‘, the Department of Com-
merce’’;
(3) by striking ‘‘its work’’ and inserting ‘‘the
work of the Secretary’’;
(4) by striking ‘‘its request’’ and inserting ‘‘the
request of the Secretary’’; and
(5) by striking ‘‘said’’ and inserting ‘‘the’’.
SEC. 3104. RULES AND REGULATIONS.
Section 335 of the Tariff Act of 1930 (19 U.S.C.
1335) is amended—
(1) by striking ‘‘commission’’ and inserting
‘‘Secretary of Commerce’’;
(2) by striking ‘‘it deems necessary’’ and insert-
ing ‘‘the Secretary deems necessary’’; and
(3) by striking ‘‘its functions and duties’’ and
inserting ‘‘the functions and duties of the Sec-
retary’’.
SEC. 3105. EQUALIZATION OF COSTS OF PRODUCTION.
Section 336 of the Tariff Act of 1930 (19 U.S.C.
1336) is amended—
(1) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘commission’’ each
place it appears and inserting ‘‘Secretary
of Commerce’’; and
(ii) by striking ‘‘its own motion’’ and
inserting ‘‘the motion of the Secretary’’;
(B) in the second sentence, by striking
‘‘commission’’ and inserting ‘‘Secretary of Com-
merce’’;
(C) in the third sentence—
(i) striking ‘‘commission’’ and insert-
ing ‘‘Secretary of Commerce’’; and
(ii) by striking ‘‘its findings’’ and in-
serting ‘‘the findings of the Secretary’’;
and
(D) in the fourth sentence—
(i) by striking ‘‘commission’’ each
place it appears and inserting ‘‘Secretary
of Commerce’’;
(ii) by striking ‘‘its report’’ and in-
serting ‘‘the report of the Secretary’’; and
(iii) by striking ‘‘it finds’’ and insert-
ing ‘‘the Secretary finds’’; and
(2) in subsections (c), (d), (e), and (k), by
striking ‘‘commission’’ each place it appears and in-
serting ‘‘Secretary of Commerce’’.
SEC. 3106. UNFAIR PRACTICES IN IMPORT TRADE.
Section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) is amended—
(1) in subsection (a), by striking ‘‘Commission’’
and inserting ‘‘Secretary of Commerce’’;
(2) in subsection (b)—
(A) in the heading, by striking ‘‘BY COM-
MISSION’’;
(B) in paragraph (1), by striking ‘‘Com-
mission’’ and ‘‘Commissioner’’ each place such
terms appears and inserting ‘‘Secretary of Com-
merce’’;
(C) in paragraph (2), by striking ‘‘Com-
mission’’ the first place it appears and inserting
‘‘Secretary of Commerce’’; and
(D) by striking paragraph (3);
(3) in subsection (c)—
(A) in the first through eighth sentences,
by striking ‘‘Commission’’ each place it appears
and inserting ‘‘Secretary of Commerce’’;
(B) in the ninth sentence, by striking
‘‘Commission determinations’’ and inserting
‘‘determinations of the Secretary of Com-
merce’’; and
(C) in the tenth sentence, by striking
‘‘Commission’’ and inserting ‘‘Secretary of
Commerce’’;
(4) in subsection (d), by striking ‘‘Commission’’
each place it appears and inserting ‘‘Secretary of
Commerce’’;
(5) in subsection (e)—
(A) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Secretary of Com-
merce’’; and
(B) in paragraph (2), by striking ‘‘Com-
mission’s notice’’ and inserting ‘‘notice of the
Secretary of Commerce’’;
(6) in subsections (f) through (l), by striking
‘‘Commission’’ each place it appears and inserting
‘‘Secretary of Commerce’’; and
(7) in subsection (n)—
(A) in paragraph (1), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘Secretary of Commerce’’; and
(B) in paragraph (2), by striking ‘‘Com-
mission’’ and inserting ‘‘Department of Com-
merce’’.
SEC. 3107. DISCRIMINATION BY FOREIGN COUNTRIES.
Section 338(g) of the Tariff Act of 1930 (19 U.S.C.
1338) is amended—
(1) in the heading, by striking ‘‘BY COMMIS-
SION OR’’ and inserting ‘‘OF’’; and
(2) by striking ‘‘commission’’ each place it ap-
pears and inserting ‘‘Secretary of Commerce’’.
SEC. 3108. TRADE REMEDY ASSISTANCE.
Section 339 of the Tariff Act of 1930 (19 U.S.C.
1339) is amended—
(1) in the heading, by striking ‘‘OFFICE’’;
(2) in subsection (a), by striking ‘‘There is es-
tablished in the Commission a separate office to be
known as the Trade Remedy Assistance Office
which’’ and inserting ‘‘The Secretary of Commerce’’;
and
(3) in subsection (b)—
(A) by striking ‘‘Trade Remedy Assistance
Office’’ and inserting ‘‘Secretary of Commerce’’;
and
(B) in paragraph (1), by striking ‘‘Office’’
and inserting ‘‘Secretary’’.
SEC. 3109. INTERFERENCE WITH FUNCTIONS.
Section 341 of the Tariff Act of 1930 (19 U.S.C.
1341) is amended—
(1) in the heading, by striking ‘‘OF COMMIS-
SION’’; and
(2) in subsection (a)—
(A) in the heading, by striking ‘‘THE COM-
MISSION
OR ITS EMPLOYEES’’ and inserting
‘‘SECRETARY
OF COMMERCE
OR EMPLOYEES
OF THE DEPARTMENT OF COMMERCE’’;
(B) by striking ‘‘commission’’ the first
place it appears and inserting ‘‘Department of
Commerce’’; and
(C) by striking ‘‘commission’’ the second
and third places it appears and inserting ‘‘Sec-
retary of Commerce’’.
Subchapter B—Title VII of the Tariff Act of
1930
PART I—IMPOSITION OF COUNTERVAILING
DUTIES
SEC. 3111. COUNTERVAILING DUTIES IMPOSED.
Section 701 of the Tariff Act of 1930 (19 U.S.C.
1671) is amended—
(1) in subsection (a)(2), by striking ‘‘Commis-
sion’’ and inserting ‘‘administering authority’’; and
(2) in subsection (c)(1), by striking ‘‘Commis-
sion’’ and inserting ‘‘administering authority’’.
SEC. 3112. PROCEDURES FOR INITIATING A COUNTER-
VAILING DUTY INVESTIGATION.
Section 702 of the Tariff Act of 1930 (19 U.S.C.
1671a) is amended—
(1) in subsection (b)—
(A) in the last sentence of paragraph (1),
by striking ‘‘and the Commission’’;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively; and
(D) in paragraph (3)(C) (as redesignated),
by striking ‘‘and the Commission’’;
(2) in subsection (c)(1)(C), by striking ‘‘and the
Commission’’;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as sub-
section (d).
SEC. 3113. PRELIMINARY DETERMINATIONS.
Section 703 of the Tariff Act of 1930 (19 U.S.C.
1671b) is amended—
(1) in subsection (a)—
(A) in the heading, by striking ‘‘BY COM-
MISSION’’;
(B) in paragraph (1), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘administering authority’’; and
(C) in paragraph (2)—
(i) in the heading, by striking ‘‘COM-
MISSION’’;
(ii) in the matter preceding subpara-
graph (A) and in subparagraph (A), by
striking ‘‘Commission’’ each place it ap-
pears and inserting ‘‘administering author-
ity’’; and
(iii) in subparagraph (B), by striking
‘‘after the date’’ and all that follows and
inserting ‘‘after the date on which the ad-
ministering authority has initiated an in-
vestigation under such section.’’;
(2) in subsection (b)(1), by striking ‘‘Commis-
sion’’ and inserting ‘‘administering authority’’;
(3) in subsection (d)—
(A) by inserting ‘‘and’’ at the end of para-
graph (1)(B);
(B) by striking ‘‘, and’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3); and
(4) in subsection (f)—
(A) by striking ‘‘the Commission or’’ the
first place it appears;
(B) by striking ‘‘the Commission or the
administering authority, as the case may be,’’;
(C) by striking ‘‘the Commission or’’;
(D) by striking ‘‘(whichever is appro-
priate)’’; and
(E) by striking the last sentence.
SEC. 3114. TERMINATION OR SUSPENSION OF INVESTIGA-
TION.
Section 704 of the Tariff Act of 1930 (19 U.S.C.
1671c) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘either the administering authority or the
Commission’’ and inserting ‘‘the admin-
istering authority’’; and
(ii) in subparagraph (B), by striking
‘‘and the Commission’’; and
(B) by striking paragraph (3);
(2) in subsection (e)(1), by striking ‘‘and the
Commission’’;
(3) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A), by adding
‘‘and’’ at the end;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph
(C) as subparagraph (B); and
(B) in paragraph (3)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘and the Commis-
sion’’;
(ii) in subparagraph (A), by striking
‘‘or the Commission’’; and
(iii) in subparagraph (B), by striking
‘‘and the Commission’’;
(4) in subsection (g), by striking ‘‘and the Com-
mission’’;
(5) in subsection (h)—
(A) in paragraph (1), by striking ‘‘the
Commission and with notice to’’;
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘COM-
MISSION
INVESTIGATION’’ and inserting
‘‘INVESTIGATION’’;
(ii) in the first sentence, by striking
‘‘Commission’’ 
and 
inserting 
‘‘admin-
istering authority’’; and
(iii) in the second sentence, by strik-
ing ‘‘Commission’s determination’’ and in-
serting ‘‘determination of the admin-
istering authority’’; and
(C) in paragraph (3), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘administering authority’’;
(6) in subsection (i)(1)(E)—
(A) by striking ‘‘, interested parties’’ and
inserting ‘‘and interested parties’’; and
(B) by striking ‘‘, and the Commission’’;
(7) in subsection (j), by striking ‘‘the Commis-
sion and’’; and
(8) in subsection (l), by striking ‘‘Commission’’
each place it appears and inserting ‘‘administering
authority’’.
SEC. 3115. FINAL DETERMINATIONS.
Section 705 of the Tariff Act of 1930 (19 U.S.C.
1671d) is amended—
(1) in subsection (b)—
(A) in the heading, by striking ‘‘FINAL
DETERMINATION BY COMMISSION’’ and insert-
ing ‘‘ADDITIONAL FINAL DETERMINATION BY
ADMINISTERING AUTHORITY’’;
(B) in paragraph (1), by striking ‘‘Com-
mission’’ each place it appears and inserting
‘‘administering authority’’;
(C) in paragraphs (2) and (3), by striking
‘‘Commission’’ and inserting ‘‘administering au-
thority’’;
(D) in paragraph (4)—
(i) in subparagraph (A)—
(I) in the heading, by striking
‘‘COMMISSION STANDARD’’ and insert-
ing ‘‘STANDARD’’; and
(II) by striking ‘‘Commission’’
each place it appears and inserting
‘‘administering authority’’; and
(ii) in subparagraph (B), by striking
‘‘Commission’’ 
and 
inserting 
‘‘admin-
istering authority’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and
(B), respectively;
(B) in paragraph (2), by striking ‘‘and the
Commission’’; and
(C) in paragraph (3), by striking ‘‘or the
Commission’’; and
(3) in subsection (d)—
(A) by striking ‘‘or the Commission’’; and
(B) by striking ‘‘, other parties’’ and in-
serting ‘‘and other parties’’; and
(C) by striking ‘‘, and the other agency’’.
‘‘United States International Trade Commission’’ and in-
serting ‘‘Secretary of Commerce’’.
CHAPTER 4—MISCELLANEOUS
PROVISIONS
SEC. 3401. TRANSFER OF OTHER FUNCTIONS.
In addition to the functions of the Commission trans-
ferred to the Department of Commerce by reason of the
amendments made by this subtitle, there are hereby trans-
ferred to the Department of Commerce all other functions
that the Commission exercised on the day before the effec-
tive date specified in section 3601, including all related
functions of any employee of the Commission.
SEC. 3402. TRANSFER OF ASSETS AND FUNDS.
Consistent with section 1531 of title 31, United
States Code, the personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds of the
Commission shall be transferred to the Department of
Commerce. Unexpended funds transferred pursuant to
this section shall be used by the Department of Commerce
only for the purposes for which the funds were originally
authorized and appropriated.
SEC. 3403. SAVINGS PROVISIONS.
The transfer of functions from the Commission by
reason of the amendments made by chapters 1 through