H. R. 3450—83
(2) that the industry is likely to experience a deterioration
of its competitive position before more effective rules and dis-
ciplines relating to the use of government subsidies have been
developed with respect to the country concerned;
may file with the Trade Representative a petition that such industry
be identified under this section.
(b) IDENTIFICATION OF INDUSTRY.—Within 90 days after receipt
of a petition under subsection (a), the Trade Representative, in
consultation with the Secretary of Commerce, shall decide whether
to identify the industry on the basis that there is a reasonable
likelihood that the industry may face both the subsidization
described in subsection (a)(1) and the deterioration described in
subsection (a)(2).
(c) ACTION AFTER IDENTIFICATION.—At the request of an entity
that is representative of an industry identified under subsection
(b), the Trade Representative shall—
(1) compile and make available to the industry information
under section 308 of the Trade Act of 1974;
(2) recommend to the President that an investigation by
the International Trade Commission be requested under section
332 of the Tariff Act of 1930; or
(3) take actions described in both paragraphs (1) and (2).
The industry may request the Trade Representative to take appro-
priate action to update (as often as annually) any information
obtained under paragraph (1) or (2), or both, as the case may
be, until an agreement on more effective rules and disciplines
relating to government subsidies is reached between the United
States and the NAFTA countries.
(d) INITIATION OF ACTION UNDER OTHER LAW.—
(1) IN GENERAL.—The Trade Representative and the Sec-
retary of Commerce shall review information obtained under
subsection (c) and consult with the industry identified under
subsection (b) with a view to deciding whether any action
is appropriate—
(A) under section 301 of the Trade Act of 1974, includ-
ing the initiation of an investigation under section 302(c)
of that Act (in the case of the Trade Representative); or
(B) under subtitle A of title VII of the Tariff Act of
1930, including the initiation of an investigation under
section 702(a) of that Act (in the case of the Secretary
of Commerce).
(2) CRITERIA FOR INITIATION.—In determining whether to
initiate any investigation under section 301 of the Trade Act
of 1974 or any other trade law, other than title VII of the
Tariff Act of 1930, the Trade Representative, after consultation
with the Secretary of Commerce—
(A) shall seek the advice of the advisory committees
established under section 135 of the Trade Act of 1974;
(B) shall consult with the Committee on Finance of
the Senate and the Committee on Ways and Means of
the House of Representatives;
(C) shall coordinate with the interagency organization
established under section 242 of the Trade Expansion Act
of 1962; and
(D) may ask the President to request advice from the
International Trade Commission.
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H. R. 3450—84
(3) TITLE III ACTIONS.—In the event an investigation is
initiated under section 302(c) of the Trade Act of 1974 as
a result of a review under this subsection and the Trade Rep-
resentative, 
following 
such 
investigation 
(including 
any
applicable dispute settlement proceedings under the Agreement
or any other trade agreement), determines to take action under
section 301(a) of such Act, the Trade Representative shall give
preference to actions that most directly affect the products
that benefit from governmental subsidies and were the subject
of the investigation, unless there are no significant imports
of such products or the Trade Representative otherwise deter-
mines that application of the action to other products would
be more effective.
(e) EFFECT OF DECISIONS.—Any decision, whether positive or
negative, or any action by the Trade Representative or the Secretary
of Commerce under this section shall not in any way—
(1) prejudice the right of any industry to file a petition
under any trade law;
(2) prejudice, affect, or substitute for, any proceeding, inves-
tigation, determination, or action by the Secretary of Commerce,
the International Trade Commission, or the Trade Representa-
tive pursuant to such a petition, or
(3) prejudice, affect, substitute for, or obviate any proceed-
ing, investigation, or determination under section 301 of the
Trade Act of 1974, title VII of the Tariff Act of 1930, or
any other trade law.
(f) STANDING.—Nothing in this section may be construed to
alter in any manner the requirements in effect before the date
of the enactment of this Act for standing under any law of the
United States or to add any additional requirements for standing
under any law of the United States.
SEC. 408. TREATMENT OF AMENDMENTS TO ANTIDUMPING AND
COUNTERVAILING DUTY LAW.
Any amendment enacted after the Agreement enters into force
with respect to the United States that is made to—
(1) section 303 or title VII of the Tariff Act of 1930, or
any successor statute, or
(2) any other statute which—
(A) provides for judicial review of final determinations
under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a NAFTA country only to the extent
specified in the amendment.
Subtitle B—Conforming Amendments and
Provisions
SEC. 411. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTER-
VAILING DUTY CASES.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended as follows:
(1) Subsection (a)(5) (relating to time limits for commencing
review) is amended to read as follows:
‘‘(5) TIME LIMITS IN CASES INVOLVING MERCHANDISE FROM
FREE
TRADE
AREA
COUNTRIES.—Notwithstanding any other
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H. R. 3450—85
provision of this subsection, in the case of a determination
to which the provisions of subsection (g) apply, an action under
this subsection may not be commenced, and the time limits
for commencing an action under this subsection shall not begin
to run, until the day specified in whichever of the following
subparagraphs applies:
‘‘(A) For a determination described in paragraph (1)(B)
or clause (i), (ii) or (iii) of paragraph (2)(B), the 31st day
after the date on which notice of the determination is
published in the Federal Register.
‘‘(B) For a determination described in clause (vi) of
paragraph (2)(B), the 31st day after the date on which
the government of the relevant FTA country receives notice
of the determination.
‘‘(C) For a determination with respect to which
binational panel review has commenced in accordance with
subsection (g)(8), the day after the date as of which—
‘‘(i) the binational panel has dismissed binational
panel review of the determination for lack of jurisdic-
tion, and
‘‘(ii) any interested party seeking review of the
determination under paragraph (1), (2), or (3) of this
subsection has provided timely notice under subsection
(g)(3)(B).
If such an interested party files a summons and complaint
under this subsection after dismissal by the binational
panel, and if a request for an extraordinary challenge
committee is made with respect to the decision by the
binational panel to dismiss—
‘‘(I) judicial review under this subsection shall be
stayed during consideration by the committee of the
request, and
‘‘(II) the United States Court of International
Trade shall dismiss the action if the committee vacates
or remands the binational panel decision to dismiss.
‘‘(D) For a determination for which review by the
United States Court of International Trade is provided
for—
‘‘(i) under subsection (g)(12)(B), the day after the
date of publication in the Federal Register of notice
that article 1904 of the NAFTA has been suspended,
or
‘‘(ii) under subsection (g)(12)(D), the day after the
date that notice of settlement is published in the Fed-
eral Register.’’.
(2) Subsection (b)(3) (relating to the standards of review)
is amended—
(A) by inserting ‘‘NAFTA OR’’ after ‘‘DECISIONS BY’’ in
the heading; and
(B) by inserting ‘‘of the NAFTA or’’ after ‘‘article 1904’’.
(3) Subsection (f) (relating to definitions) is amended—
(A) by amending paragraphs (6) and (7) to read as
follows:
‘‘(6) UNITED STATES SECRETARY.—The term ‘United States
Secretary’ means—
‘‘(A) the secretary for the United States Section referred
to in article 1908 of the NAFTA, and
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H. R. 3450—86
‘‘(B) the secretary of the United States Section provided
for in article 1909 of the Agreement.
‘‘(7) RELEVANT FTA SECRETARY.—The term ‘relevant FTA
Secretary’ means the Secretary—
‘‘(A) referred to in article 1908 of the NAFTA, or
‘‘(B) provided for in paragraph 5 of article 1909 of
the Agreement,
of the relevant FTA country.’’; and
(B) by adding at the end the following new paragraphs:
‘‘(8) NAFTA.—The term ‘NAFTA’ means the North Amer-
ican Free Trade Agreement.
‘‘(9) RELEVANT
FTA
COUNTRY.—The term ‘relevant FTA
country’ means the free trade area country to which an anti-
dumping or countervailing duty proceeding pertains.
‘‘(10) FREE TRADE AREA COUNTRY.—The term ‘free trade
area country’ means the following:
‘‘(A) Canada for such time as the NAFTA is in force
with respect to, and the United States applies the NAFTA
to, Canada.
‘‘(B) Mexico for such time as the NAFTA is in force
with respect to, and the United States applies the NAFTA
to, Mexico.
‘‘(C) Canada for such time as—
‘‘(i) it is not a free trade area country under
subparagraph (A); and
‘‘(ii) the Agreement is in force with respect to,
and the United States applies the Agreement to, Can-
ada.’’.
(4) Subsection (g) (relating to review of countervailing and
antidumping duty determinations) is amended as follows:
(A) The subsection heading is amended by striking
out ‘‘CANADIAN MERCHANDISE’’ and inserting ‘‘FREE TRADE
AREA COUNTRY MERCHANDISE’’.
(B) Paragraph (1) is amended by striking out
‘‘Canadian merchandise’’ and inserting ‘‘free trade area
country merchandise’’.
(C) Paragraph (2) is amended by inserting ‘‘of the
NAFTA or’’ after ‘‘article 1904’’.
(D) Paragraph (3)(A) is amended—
(i) by striking out ‘‘nor Canada’’ and inserting ‘‘nor
the relevant FTA country’’ in each of clauses (i) and
(ii);
(ii) by inserting ‘‘of the NAFTA or’’ before ‘‘of the
Agreement’’ in each of clauses (i) and (iii);
(iii) by striking out ‘‘or’’ at the end of clause (iii);
(iv) by amending clause (iv)—
(I) by striking out ‘‘under paragraph (2)(A)’’;
and
(II) by striking out the period and inserting
a comma; and
(v) by adding at the end of subparagraph (A) the
following:
‘‘(v) a determination as to which binational panel
review has terminated pursuant to paragraph 12 of
article 1905 of the NAFTA, or
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H. R. 3450—87
‘‘(vi) a determination as to which extraordinary
challenge committee review has terminated pursuant
to paragraph 12 of article 1905 of the NAFTA.’’.
(E) The first and second sentences of paragraph (3)(B)
are amended to read as follows: ‘‘A determination described
in subparagraph (A)(i) or (iv) is reviewable under subsection
(a) only if the party seeking to commence review has pro-
vided timely notice of its intent to commence such review
to—
‘‘(i) the United States Secretary and the relevant
FTA Secretary;
‘‘(ii) all interested parties who were parties to the
proceeding in connection with which the matter arises;
and
‘‘(iii) the administering authority or the Commis-
sion, as appropriate.
Such notice is timely provided if the notice is delivered
no later than the date that is 20 days after the date
described in subparagraph (A) or (B) of subsection (a)(5)
that is applicable to such determination, except that, if
the time for requesting binational panel review is sus-
pended under paragraph (8)(A)(ii) of this subsection, any
unexpired time for providing notice of intent to commence
judicial review shall, during the pendency of any such
suspension, also be suspended.’’.
(F) Paragraph (4)(A) is amended—
(i) in the first sentence—
(I) by inserting ‘‘the North American Free
Trade Agreement Implementation Act implement-
ing the binational dispute settlement system under
chapter 19 of the NAFTA, or’’ after ‘‘or amendment
made by,’’;
(II) by inserting a comma before ‘‘violates’’;
(III) by inserting ‘‘only’’ after ‘‘may be
brought’’; and
(IV) by inserting ‘‘, which shall have jurisdic-
tion of such action’’ after ‘‘Circuit’’; and
(ii) by striking the last sentence.
(G) Paragraph (5) is amended—
(i) by inserting ‘‘of the NAFTA or’’ after ‘‘article
1904’’ in each of subparagraphs (A), (B), and (C)(i);
(ii) by striking out ‘‘, the Canadian Secretary,’’
in subparagraph (C)(ii) and inserting ‘‘, the relevant
FTA Secretary,’’; and
(iii) by inserting ‘‘of the NAFTA or’’ after ‘‘chapter
19’’ in subparagraph (C)(iii).
(H) Paragraph (6) is amended by inserting ‘‘of the
NAFTA or’’ after ‘‘article 1904’’.
(I) Paragraph (7) is amended—
(i) by inserting ‘‘OF THE NAFTA OR THE AGREEMENT’’
before the period in the paragraph heading;
(ii) by striking out ‘‘IN GENERAL.—’’ in the heading
to subparagraph (A) and inserting ‘‘ACTION
UPON
REMAND.—’’; and
(iii) by inserting ‘‘the NAFTA or’’ before ‘‘the Agree-
ment’’ in subparagraph (A).
(J) Paragraph (8)(A) is amended—
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