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‘‘(3) EXPORTATION
FROM
AN
INTERMEDIATE
COUNTRY.—Where the subject merchandise is ex-
ported to the United States from an intermediate
country, normal value shall be determined in the in-
termediate country, except that normal value may be
determined in the country of origin of the subject
merchandise if—
‘‘(A) the producer knew at the time of the
sale that the subject merchandise was destined
for exportation;
‘‘(B) the subject merchandise is merely
transshipped through the intermediate country;
‘‘(C) sales of the foreign like product in
the intermediate country do not satisfy the con-
ditions of paragraph (1)(C); or
‘‘(D) the foreign like product is not pro-
duced in the intermediate country.
‘‘(4) USE OF CONSTRUCTED VALUE.—If the ad-
ministering authority determines that the normal
value of the subject merchandise cannot be deter-
mined under paragraph (1)(B)(i), then, notwith-
standing paragraph (1)(B)(ii), the normal value of
the subject merchandise may be the constructed
value of that merchandise, as determined under sub-
section (e).
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‘‘(5) INDIRECT SALES OR OFFERS FOR SALE.—
If the foreign like product is sold or, in the absence
of sales, offered for sale through an affiliated party,
the prices at which the foreign like product is sold
(or offered for sale) by such affiliated party may be
used in determining normal value.
‘‘(6) ADJUSTMENTS.—The price described in
paragraph (1)(B) shall be—
‘‘(A) increased by the cost of all containers
and coverings and all other costs, charges, and
expenses incident to placing the subject mer-
chandise in condition packed ready for ship-
ment to the United States;
‘‘(B) reduced by—
‘‘(i) when included in the price de-
scribed in paragraph (1)(B), the cost of all
containers and coverings and all other
costs, charges, and expenses incident to
placing the foreign like product in condi-
tion packed ready for shipment to the
place of delivery to the purchaser,
‘‘(ii) the amount, if any, included in
the price described in paragraph (1)(B),
attributable 
to 
any 
additional 
costs,
charges, and expenses incident to bringing
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the foreign like product from the original
place of shipment to the place of delivery
to the purchaser, and
‘‘(iii) the amount of any taxes im-
posed directly upon the foreign like prod-
uct or components thereof which have been
rebated, or which have not been collected,
on the subject merchandise, but only to the
extent that such taxes are added to or in-
cluded in the price of the foreign like prod-
uct, and
‘‘(C) increased or decreased by the amount
of any difference (or lack thereof) between the
export price or constructed export price and the
price described in paragraph (1)(B) (other than
a difference for which allowance is otherwise
provided under this section) that is established
to the satisfaction of the administering author-
ity to be wholly or partly due to—
‘‘(i) the fact that the quantities in
which the subject merchandise is sold or
agreed to be sold to the United States are
greater than or less than the quantities in
which the foreign like product is sold,
agreed to be sold, or offered for sale,
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‘‘(ii) the fact that merchandise de-
scribed in subparagraph (B) or (C) of sec-
tion 771(16) is used in determining normal
value, or
‘‘(iii) other differences in the cir-
cumstances of sale.
‘‘(7) ADDITIONAL ADJUSTMENTS.—
‘‘(A) LEVEL
OF
TRADE.—The price de-
scribed in paragraph (1)(B) shall also be in-
creased or decreased to make due allowance for
any difference (or lack thereof) between the ex-
port price or constructed export price and the
price described in paragraph (1)(B) (other than
a difference for which allowance is otherwise
made under this section) that is shown to be
wholly or partly due to a difference in level of
trade between the export price or constructed
export price and normal value, if the difference
in level of trade—
‘‘(i) involves the performance of dif-
ferent selling activities; and
‘‘(ii) is demonstrated to affect price
comparability, based on a pattern of con-
sistent price differences between sales at
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different levels of trade in the country in
which normal value is determined.
In a case described in the preceding sentence,
the amount of the adjustment shall be based on
the price differences between the two levels of
trade in the country in which normal value is
determined.
‘‘(B) CONSTRUCTED EXPORT PRICE OFF-
SET.—When normal value is established at a
level of trade which constitutes a more ad-
vanced stage of distribution than the level of
trade of the constructed export price, but the
data available do not provide an appropriate
basis to determine under subparagraph (A)(ii) a
level of trade adjustment, normal value shall be
reduced by the amount of indirect selling ex-
penses incurred in the country in which normal
value is determined on sales of the foreign like
product but not more than the amount of such
expenses for which a deduction is made under
section 772(d)(1)(D).
‘‘(8) 
ADJUSTMENTS
TO
CONSTRUCTED
VALUE.—Constructed value as determined under
subsection (e), may be adjusted, as appropriate, pur-
suant to this subsection.
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‘‘(B) EXTENDED PERIOD OF TIME.—The
term ‘extended period of time’ means a period
that is normally 1 year, but not less than 6
months.
‘‘(C) SUBSTANTIAL
QUANTITIES.—Sales
made at prices below the cost of production
have been made in substantial quantities if—
‘‘(i) the volume of such sales rep-
resents 20 percent or more of the volume
of sales under consideration for the deter-
mination of normal value, or
‘‘(ii) the weighted average per unit
price of the sales under consideration for
the determination of normal value is less
than the weighted average per unit cost of
production for such sales.
‘‘(D) RECOVERY
OF
COSTS.—If prices
which are below the per unit cost of production
at the time of sale are above the weighted aver-
age per unit cost of production for the period
of investigation or review, such prices shall be
considered to provide for recovery of costs with-
in a reasonable period of time.
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‘‘(3) CALCULATION
OF
COST
OF
PRODUC-
TION.—For purposes of this subtitle, the cost of pro-
duction shall be an amount equal to the sum of—
‘‘(A) the cost of materials and of fabrica-
tion or other processing of any kind employed
in producing the foreign like product, during a
period which would ordinarily permit the pro-
duction of that foreign like product in the ordi-
nary course of business;
‘‘(B) an amount for selling, general, and
administrative expenses based on actual data
pertaining to production and sales of the for-
eign like product by the exporter in question;
and
‘‘(C) the cost of all containers and cover-
ings of whatever nature, and all other expenses
incidental to placing the foreign like product in
condition packed ready for shipment.
For purposes of subparagraph (A), if the normal
value is based on the price of the foreign like prod-
uct sold for consumption in a country other than the
exporting country, the cost of materials shall be de-
termined without regard to any internal tax in the
exporting country imposed on such materials or their
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disposition which are remitted or refunded upon
exportation.
‘‘(c) NONMARKET ECONOMY COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) the subject merchandise is exported
from a nonmarket economy country, and
‘‘(B) the administering authority finds that
available information does not permit the nor-
mal value of the subject merchandise to be de-
termined under subsection (a),
the administering authority shall determine the nor-
mal value of the subject merchandise on the basis of
the value of the factors of production utilized in pro-
ducing the merchandise and to which shall be added
an amount for general expenses and profit plus the
cost of containers, coverings, and other expenses.
Except as provided in paragraph (2), the valuation
of the factors of production shall be based on the
best available information regarding the values of
such factors in a market economy country or coun-
tries considered to be appropriate by the administer-
ing authority.
‘‘(2) EXCEPTION.—If the administering author-
ity finds that the available information is inadequate
for purposes of determining the normal value of sub-
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ject merchandise under paragraph (1), the admin-
istering authority shall determine the normal value
on the basis of the price at which merchandise that
is—
‘‘(A) comparable to the subject merchan-
dise, and
‘‘(B) produced in one or more market
economy countries that are at a level of eco-
nomic development comparable to that of the
nonmarket economy country,
is sold in other countries, including the United
States.
‘‘(3) FACTORS OF PRODUCTION.—For purposes
of paragraph (1), the factors of production utilized
in producing merchandise include, but are not lim-
ited to—
‘‘(A) hours of labor required,
‘‘(B) quantities of raw materials employed,
‘‘(C) amounts of energy and other utilities
consumed, and
‘‘(D) representative capital cost, including
depreciation.
‘‘(4) VALUATION
OF
FACTORS
OF
PRODUC-
TION.—The administering authority, in valuing fac-
tors of production under paragraph (1), shall utilize,
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to the extent possible, the prices or costs of factors
of production in one or more market economy coun-
tries that are—
‘‘(A) at a level of economic development
comparable to that of the nonmarket economy
country, and
‘‘(B) significant producers of comparable
merchandise.
‘‘(d) SPECIAL RULE FOR CERTAIN MULTINATIONAL
CORPORATIONS.—Whenever, in the course of an investiga-
tion under this title, the administering authority deter-
mines that—
‘‘(1) subject merchandise exported to the Unit-
ed States is being produced in facilities which are
owned or controlled, directly or indirectly, by a per-
son, firm, or corporation which also owns or con-
trols, directly or indirectly, other facilities for the
production of the foreign like product which are lo-
cated in another country or countries,
‘‘(2) subsection (a)(1)(C) applies, and
‘‘(3) the normal value of the foreign like prod-
uct produced in one or more of the facilities outside
the exporting country is higher than the normal
value of the foreign like product produced in the fa-
cilities located in the exporting country,
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it shall determine the normal value of the subject mer-
chandise by reference to the normal value at which the
foreign like product is sold in substantial quantities from
one or more facilities outside the exporting country. The
administering authority, in making any determination
under this paragraph, shall make adjustments for the dif-
ference between the cost of production (including taxes,
labor, materials, and overhead) of the foreign like product
produced in facilities outside the exporting country and
costs of production of the foreign like product produced
in facilities in the exporting country, if such differences
are demonstrated to its satisfaction. For purposes of this
subsection, in determining the normal value of the foreign
like product produced in a country outside of the exporting
country, the administering authority shall determine its
price at the time of exportation from the exporting country
and shall make any adjustments required by subsection
(a) for the cost of all containers and coverings and all
other costs, charges, and expenses incident to placing the
merchandise in condition packed ready for shipment to the
United States by reference to such costs in the exporting
country.
‘‘(e) CONSTRUCTED VALUE.—For purposes of this
title, the constructed value of imported merchandise shall
be an amount equal to the sum of—
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‘‘(1) the cost of materials and fabrication or
other processing of any kind employed in producing
the merchandise, during a period which would ordi-
narily permit the production of the merchandise in
the ordinary course of business;
‘‘(2)(A) the actual amounts incurred and real-
ized by the specific exporter or producer being exam-
ined in the investigation or review for selling, gen-
eral, and administrative expenses, and for profits, in
connection with the production and sale of a foreign
like product, in the ordinary course of trade, for con-
sumption in the foreign country, or
‘‘(B) if actual data are not available with re-
spect to the amounts described in subparagraph (A),
then—
‘‘(i) the actual amounts incurred and real-
ized by the specific exporter or producer being
examined in the investigation or review for sell-
ing, general, and administrative expenses, and
for profits, in connection with the production
and sale, for consumption in the foreign coun-
try, of merchandise that is in the same general
category of products as the subject merchan-
dise,
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‘‘(ii) the weighted average of the actual
amounts incurred and realized by exporters or
producers that are subject to the investigation
or review (other than the exporter or producer
described in clause (i)) for selling, general, and
administrative expenses, and for profits, in con-
nection with the production and sale of a for-
eign like product, in the ordinary course of
trade, for consumption in the foreign country,
or
‘‘(iii) the amounts incurred and realized
for selling, general, and administrative ex-
penses, and for profits, based on any other rea-
sonable method, except that the amount allowed
for profit may not exceed the amount normally
realized by exporters or producers (other than
the exporter or producer described in clause (i))
in connection with the sale, for consumption in
the foreign country, of merchandise that is in
the same general category of products as the
subject merchandise; and
‘‘(3) the cost of all containers and coverings of
whatever nature, and all other expenses incidental to
placing the subject merchandise in condition packed
ready for shipment to the United States.
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For purposes of paragraph (1), the cost of materials shall
be determined without regard to any internal tax in the
exporting country imposed on such materials or their dis-
position which are remitted or refunded upon exportation
of the subject merchandise produced from such materials.
‘‘(f) SPECIAL RULES FOR CALCULATION OF COST OF
PRODUCTION AND FOR CALCULATION OF CONSTRUCTED
VALUE.—For purposes of subsections (b) and (e).—
‘‘(1) COSTS.—
‘‘(A) IN GENERAL.—Costs shall normally
be calculated based on the records of the ex-
porter or producer of the merchandise, if such
records are kept in accordance with the gen-
erally accepted accounting principles of the ex-
porting country (or the producing country,
where appropriate) and reasonably reflect the
costs associated with the production and sale of
the merchandise. The administering authority
shall consider all available evidence on the prop-
er allocation of costs, including that which is
made available by the exporter or producer on
a timely basis, if such allocations have been his-
torically used by the exporter or producer, in
particular for establishing appropriate amorti-
zation and depreciation periods, and allowances
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for capital expenditures and other development
costs.
‘‘(B) NONRECURRING COSTS.—Costs shall
be adjusted appropriately for those non-
recurring costs that benefit current or future
production, or both.
‘‘(C) STARTUP COSTS.—
‘‘(i) IN GENERAL.—Costs shall be ad-
justed appropriately for circumstances in
which costs incurred during the time pe-
riod covered by the investigation or review
are affected by startup operations.
‘‘(ii) STARTUP OPERATIONS.—Adjust-
ments shall be made for startup operations
only where—
‘‘(I) a producer is using new pro-
duction facilities or producing a new
product that requires substantial ad-
ditional investment, and
‘‘(II) production levels are limited
by technical factors associated with
the initial phase of commercial pro-
duction.
For purposes of subclause (II), the initial
phase of commercial production ends at
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the end of the startup period. In determin-
ing whether commercial production levels
have been achieved, the administering au-
thority shall consider factors unrelated to
startup operations that might affect the
volume of production processed, such as
demand, seasonality, or business cycles.
‘‘(iii) ADJUSTMENT FOR STARTUP OP-
ERATIONS.—The adjustment for startup
operations shall be made by substituting
the unit production costs incurred with re-
spect to the merchandise at the end of the
startup period for the unit production
costs incurred during the startup period. If
the startup period extends beyond the pe-
riod of the investigation or review under
this title, the administering authority shall
use the most recent cost of production data
that it reasonably can obtain, analyze, and
verify without delaying the timely comple-
tion of the investigation or review. For
purposes of this subparagraph, the startup
period ends at the point at which the level
of commercial production that is char-
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acteristic of the merchandise, producer, or
industry concerned is achieved.
‘‘(2) TRANSACTIONS DISREGARDED.—A trans-
action directly or indirectly between affiliated per-
sons may be disregarded if, in the case of any ele-
ment of value required to be considered, the amount
representing that element does not fairly reflect the
amount usually reflected in sales of merchandise
under consideration in the market under consider-
ation. If a transaction is disregarded under the pre-
ceding sentence and no other transactions are avail-
able for consideration, the determination of the
amount shall be based on the information available
as to what the amount would have been if the trans-
action had occurred between persons who are not af-
filiated.
‘‘(3) MAJOR INPUT RULE.—If, in the case of a
transaction between affiliated persons involving the
production by one of such persons of a major input
to the merchandise, the administering authority has
reasonable grounds to believe or suspect that an
amount represented as the value of such input is
less than the cost of production of such input, then
the administering authority may determine the value
of the major input on the basis of the information
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available regarding such cost of production, if such
cost is greater than the amount that would be deter-
mined for such input under paragraph (2).’’.
SEC. 225. CURRENCY CONVERSION.
(a) IN GENERAL.—Subtitle D of title VII (19 U.S.C.
1677 et seq.) is amended by inserting after section 773
the following new section:
‘‘SEC. 773A. CURRENCY CONVERSION.
‘‘(a) IN GENERAL.—In an antidumping proceeding
under this title, the administering authority shall convert
foreign currencies into United States dollars using the ex-
change rate in effect on the date of sale of the subject
merchandise, except that, if it is established that a cur-
rency transaction on forward markets is directly linked to
an export sale under consideration, the exchange rate
specified with respect to such currency in the forward sale
agreement shall be used to convert the foreign currency.
Fluctuations in exchange rates shall be ignored.
‘‘(b) SUSTAINED MOVEMENT IN FOREIGN CURRENCY
VALUE.—In an investigation under subtitle B, if there is
a sustained movement in the value of the foreign currency
relative to the United States dollar, the administering au-
thority shall allow exporters at least 60 days to adjust
their export prices to reflect such sustained movement.’’.
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(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII is amended by inserting after the item
relating to section 773 the following new item:
‘‘Sec. 773A. Currency conversion.’’.
SEC. 226. PROPRIETARY AND NONPROPRIETARY INFORMA-
TION.
(a) PROPRIETARY STATUS MAINTAINED.—
(1) 
IN
GENERAL.—Section 
777(b)(1) 
(19
U.S.C. 1677f(b)(1)) is amended to read as follows:
‘‘(1) PROPRIETARY STATUS MAINTAINED.—
‘‘(A) IN GENERAL.—Except as provided in
subsection (a)(4)(A) and subsection (c), infor-
mation submitted to the administering author-
ity or the Commission which is designated as
proprietary by the person submitting the infor-
mation shall not be disclosed to any person
without the consent of the person submitting
the information, other than—
‘‘(i) to an officer or employee of the
administering authority or the Commission
who is directly concerned with carrying out
the investigation in connection with which
the information is submitted or any review
under this title covering the same subject
merchandise, or
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‘‘(ii) to an officer or employee of the
United States Customs Service who is di-
rectly involved in conducting an investiga-
tion regarding fraud under this title.
‘‘(B) ADDITIONAL
REQUIREMENTS.—The
administering authority and the Commission
shall require that information for which propri-
etary treatment is requested be accompanied
by—
‘‘(i) either—
‘‘(I) a non-proprietary summary
in sufficient detail to permit a reason-
able understanding of the substance
of the information submitted in con-
fidence, or
‘‘(II) a statement that the infor-
mation is not susceptible to summary
accompanied by a statement of the
reasons in support of the contention,
and
‘‘(ii) either—
‘‘(I) a statement which permits
the administering authority or the
Commission to release under adminis-
trative protective order, in accordance
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with subsection (c), the information
submitted in confidence, or
‘‘(II) a statement to the admin-
istering authority or the Commission
that the business proprietary informa-
tion is of a type that should not be re-
leased under administrative protective
order.’’.
(2) SECTION 751 REVIEWS.—Section 777(b) (19
U.S.C. 1677f(b)) is amended by adding at the end
the following:
‘‘(3) SECTION 751 REVIEWS.—Notwithstanding
the provisions of paragraph (1), information submit-
ted to the administering authority or the Commis-
sion in connection with a review under section
751(b) or 751(c) which is designated as proprietary
by the person submitting the information may, if the
review results in the revocation of an order or find-
ing (or termination of a suspended investigation)
under section 751(d), be used by the agency to
which the information was originally submitted in
any investigation initiated within 2 years after the
date of the revocation or termination pursuant to a
petition covering the same subject merchandise.’’.
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(b) UNWARRANTED PROPRIETARY DESIGNATION.—
Section 777(b)(2) (19 U.S.C. 1677f(b)(2)) is amended by
adding at the end the following new sentence: ‘‘In a case
in which the administering authority or the Commission
returns the information to the person submitting it, the
person may thereafter submit other material concerning
the subject matter of the returned information if the sub-
mission is made within the time otherwise provided for
submitting such material.’’.
SEC. 227. OPPORTUNITY FOR COMMENT BY CONSUMERS
AND INDUSTRIAL USERS.
Section 777 (19 U.S.C. 1677f) is amended by adding
at the end the following new subsection:
‘‘(h) OPPORTUNITY FOR COMMENT BY CONSUMERS
AND INDUSTRIAL USERS.—The administering authority
and the Commission shall provide an opportunity for in-
dustrial users of the subject merchandise and, if the mer-
chandise is sold at the retail level, for representative
consumer organizations, to submit relevant information to
the administering authority concerning dumping or a
countervailable subsidy, and to the Commission concern-
ing material injury by reason of dumped or subsidized im-
ports.’’.
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SEC. 228. PUBLIC NOTICE AND EXPLANATION OF DETER-
MINATIONS.
Section 777 (19 U.S.C. 1677f), as amended by sec-
tion 227, is amended by adding at the end the following:
‘‘(i) PUBLICATION OF DETERMINATIONS; REQUIRE-
MENTS FOR FINAL DETERMINATIONS.—
‘‘(1) IN GENERAL.—Whenever the administer-
ing authority makes a determination under section
702 or 732 whether to initiate an investigation, or
the administering authority or the Commission
makes a preliminary determination under section
703 or 733, a final determination under section 705
or section 735, a preliminary or final determination
in a review under section 751, a determination to
suspend an investigation under this title, or a deter-
mination under section 753, the administering au-
thority or the Commission, as the case may be, shall
publish the facts and conclusions supporting that de-
termination, and shall publish notice of that deter-
mination in the Federal Register.
‘‘(2) CONTENTS
OF
NOTICE
OR
DETERMINA-
TION.—The notice or determination published under
paragraph (1) shall include, to the extent applica-
ble—
‘‘(A) in the case of a determination of the
administering authority—
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‘‘(i) the names of the exporters or
producers of the subject merchandise or,
when providing such names is impractica-
ble, the countries exporting the subject
merchandise to the United States,
‘‘(ii) a description of the subject mer-
chandise that is sufficient to identify the
subject merchandise for customs purposes,
‘‘(iii)(I) with respect to a determina-
tion in an investigation under subtitle A or
section 753 or in a review of a countervail-
ing duty order, the amount of the
countervailable subsidy established and a
full explanation of the methodology used in
establishing the amount, and
‘‘(II) with respect to a determination
in an investigation under subtitle B or in
a review of an antidumping duty order, the
weighted average dumping margins estab-
lished and a full explanation of the meth-
odology used in establishing such margins,
and
‘‘(iv) the primary reasons for the de-
termination; and
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‘‘(B) in the case of a determination of the
Commission—
‘‘(i) considerations relevant to the de-
termination of injury, and
‘‘(ii) the primary reasons for the de-
termination.
‘‘(3) ADDITIONAL REQUIREMENTS FOR FINAL
DETERMINATIONS.—In addition to the requirements
set forth in paragraph (2)—
‘‘(A) the administering authority shall in-
clude in a final determination described in para-
graph (1) an explanation of the basis for its de-
termination that addresses relevant arguments,
made by interested parties who are parties to
the investigation or review (as the case may be),
concerning the establishment of dumping or a
countervailable subsidy, or the suspension of
the investigation, with respect to which the de-
termination is made; and
‘‘(B) the Commission shall include in a
final determination of injury an explanation of
the basis for its determination that addresses
relevant arguments that are made by interested
parties who are parties to the investigation or
review (as the case may be) concerning volume,
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price effects, and impact on the industry of im-
ports of the subject merchandise.’’.
SEC. 229. SAMPLING AND AVERAGING; DETERMINATION
OF WEIGHTED AVERAGE DUMPING MARGIN.
(a) IN
GENERAL.—Section 777A (19 U.S.C.
1677f–1) is amended to read as follows:
‘‘SEC. 777A. SAMPLING AND AVERAGING; DETERMINATION
OF WEIGHTED AVERAGE DUMPING MARGIN.
‘‘(a) IN GENERAL.—For purposes of determining the
export price (or constructed export price) under section
772 or the normal value under section 773, and in carry-
ing out reviews under section 751, the administering au-
thority may—
‘‘(1) use averaging and statistically valid sam-
ples, if there is a significant volume of sales of the
subject merchandise or a significant number or types
of products, and
‘‘(2) decline to take into account adjustments
which are insignificant in relation to the price or
value of the merchandise.
‘‘(b) SELECTION OF AVERAGES AND SAMPLES.—The
authority to select averages and statistically valid samples
shall rest exclusively with the administering authority. The
administering authority shall, to the greatest extent pos-
sible, consult with the exporters and producers regarding
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the method to be used to select exporters, producers, or
types of products under this section.
‘‘(c) DETERMINATION OF DUMPING MARGIN.—
‘‘(1) GENERAL RULE.—In determining weighted
average dumping margins under section 733(d),
735(c), or 751(a), the administering authority shall
determine the individual weighted average dumping
margin for each known exporter and producer of the
subject merchandise.
‘‘(2) EXCEPTION.—If it is not practicable to
make individual weighted average dumping margin
determinations under paragraph (1) because of the
large number of exporters or producers involved in
the investigation or review, the administering au-
thority may determine the weighted average dump-
ing margins for a reasonable number of exporters or
producers by limiting its examination to—
‘‘(A) a sample of exporters, producers, or
types of products that is statistically valid
based on the information available to the ad-
ministering authority at the time of selection,
or
‘‘(B) exporters and producers accounting
for the largest volume of the subject merchan-
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dise from the exporting country that can be
reasonably examined.
‘‘(d) 
DETERMINATION
OF
LESS
THAN
FAIR
VALUE.—
‘‘(1) INVESTIGATIONS.—
‘‘(A) IN
GENERAL.—In an investigation
under subtitle B, the administering authority
shall determine whether the subject merchan-
dise is being sold in the United States at less
than fair value—
‘‘(i) by comparing the weighted aver-
age of the normal values to the weighted
average of the export prices (and con-
structed export prices) for comparable
merchandise, or
‘‘(ii) by comparing the normal values
of individual transactions to the export
prices (or constructed export prices) of in-
dividual transactions for comparable mer-
chandise.
‘‘(B) EXCEPTION.—The administering au-
thority may determine whether the subject mer-
chandise is being sold in the United States at
less than fair value by comparing the weighted
average of the normal values to the export
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prices (or constructed export prices) of individ-
ual transactions for comparable merchandise,
if—
‘‘(i) there is a pattern of export prices
(or constructed export prices) for com-
parable merchandise that differ signifi-
cantly among purchasers, regions, or peri-
ods of time, and
‘‘(ii) the administering authority ex-
plains why such differences cannot be
taken into account using a method de-
scribed in paragraph (1)(A)(i) or (ii).
‘‘(2) REVIEWS.—In a review under section 751,
when comparing export prices (or constructed export
prices) of individual transactions to the weighted av-
erage price of sales of the foreign like product, the
administering authority shall limit its averaging of
prices to a period not exceeding the calendar month
that corresponds most closely to the calendar month
of the individual export sale.’’.
(b) DUMPING MARGIN; WEIGHTED AVERAGE DUMP-
ING MARGIN.—Section 771 (19 U.S.C. 1677), as amended
by section 222(i), is amended by adding at the end the
following new paragraph:
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‘‘(35) DUMPING MARGIN; WEIGHTED AVERAGE
DUMPING MARGIN.—
‘‘(A) 
DUMPING
MARGIN.—The 
term
‘dumping margin’ means the amount by which
the normal value exceeds the export price or
constructed export price of the subject mer-
chandise.
‘‘(B) WEIGHTED AVERAGE DUMPING MAR-
GIN.—The term ‘weighted average dumping
margin’ is the percentage determined by divid-
ing the aggregate dumping margins determined
for a specific exporter or producer by the aggre-
gate export prices and constructed export prices
of such exporter or producer.
‘‘(C) MAGNITUDE
OF
THE
MARGIN
OF
DUMPING.—The magnitude of the margin of
dumping used by the Commission shall be—
‘‘(i) in making a preliminary deter-
mination under section 733(a) in an inves-
tigation (including any investigation in
which the Commission cumulatively as-
sesses the volume and effect of imports
under paragraph (7)(G)(i)), the dumping
margin or margins published by the ad-
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ministering authority in its notice of initi-
ation of the investigation;
‘‘(ii) in making a final determination
under section 735(b), the dumping margin
or margins most recently published by the
administering authority prior to the closing
of the Commission’s administrative record;
‘‘(iii) in a review under section
751(b)(2), the most recent dumping mar-
gin or margins determined by the admin-
istering authority under section 752(c)(3),
if any, or under section 733(b) or 735(a);
and
‘‘(iv) in a review under section 751(c),
the dumping margin or margins deter-
mined by the administering authority
under section 752(c)(3).’’.
SEC. 230. ANTICIRCUMVENTION.
(a) IN GENERAL.—Subsections (a) and (b) of section
781 (19 U.S.C. 1677j (a) and (b)) are amended to read
as follows:
‘‘(a) MERCHANDISE COMPLETED OR ASSEMBLED IN
THE UNITED STATES.—
‘‘(1) IN GENERAL.—If—
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‘‘(A) merchandise sold in the United
States is of the same class or kind as any other
merchandise that is the subject of—
‘‘(i) an antidumping duty order issued
under section 736,
‘‘(ii) a finding issued under the Anti-
dumping Act, 1921, or
‘‘(iii) a countervailing duty order is-
sued under section 706 or section 303,
‘‘(B) such merchandise sold in the United
States is completed or assembled in the United
States from parts or components produced in
the foreign country with respect to which such
order or finding applies,
‘‘(C) the process of assembly or completion
in the United States is minor or insignificant,
and
‘‘(D) the value of the parts or components
referred to in subparagraph (B) is a significant
portion of the total value of the merchandise,
the administering authority, after taking into ac-
count any advice provided by the Commission under
subsection (e), may include within the scope of such
order or finding the imported parts or components
referred to in subparagraph (B) that are used in the
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completion or assembly of the merchandise in the
United States at any time such order or finding is
in effect.
‘‘(2) DETERMINATION OF WHETHER PROCESS
IS
MINOR
OR
INSIGNIFICANT.—In determining
whether the process of assembly or completion is
minor or insignificant under paragraph (1)(C), the
administering authority shall take into account—
‘‘(A) the level of investment in the United
States,
‘‘(B) the level of research and development
in the United States,
‘‘(C) the nature of the production process
in the United States,
‘‘(D) the extent of production facilities in
the United States, and
‘‘(E) whether the value of the processing
performed in the United States represents a
small proportion of the value of the merchan-
dise sold in the United States.
‘‘(3) FACTORS TO CONSIDER.—In determining
whether to include parts or components in a coun-
tervailing or antidumping duty order or finding
under paragraph (1), the administering authority
shall take into account such factors as—
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‘‘(A) the pattern of trade, including
sourcing patterns,
‘‘(B) whether the manufacturer or exporter
of the parts or components is affiliated with the
person who assembles or completes the mer-
chandise sold in the United States from the
parts or components produced in the foreign
country with respect to which the order or find-
ing described in paragraph (1) applies, and
‘‘(C) whether imports into the United
States of the parts or components produced in
such foreign country have increased after the
initiation of the investigation which resulted in
the issuance of such order or finding.
‘‘(b) MERCHANDISE COMPLETED OR ASSEMBLED IN
OTHER FOREIGN COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) merchandise imported into the United
States is of the same class or kind as any mer-
chandise produced in a foreign country that is
the subject of—
‘‘(i) an antidumping duty order issued
under section 736,
‘‘(ii) a finding issued under the Anti-
dumping Act, 1921, or
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‘‘(iii) a countervailing duty order is-
sued under section 706 or section 303,
‘‘(B) before importation into the United
States, such imported merchandise is completed
or assembled in another foreign country from
merchandise which—
‘‘(i) is subject to such order or find-
ing, or
‘‘(ii) is produced in the foreign coun-
try with respect to which such order or
finding applies,
‘‘(C) the process of assembly or completion
in the foreign country referred to in subpara-
graph (B) is minor or insignificant,
‘‘(D) the value of the merchandise pro-
duced in the foreign country to which the anti-
dumping duty order applies is a significant por-
tion of the total value of the merchandise ex-
ported to the United States, and
‘‘(E) the administering authority deter-
mines that action is appropriate under this
paragraph to prevent evasion of such order or
finding,
the administering authority, after taking into ac-
count any advice provided by the Commission under
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subsection (e), may include such imported merchan-
dise within the scope of such order or finding at any
time such order or finding is in effect.
‘‘(2) DETERMINATION OF WHETHER PROCESS
IS
MINOR
OR
INSIGNIFICANT.—In determining
whether the process of assembly or completion is
minor or insignificant under paragraph (1)(C), the
administering authority shall take into account—
‘‘(A) the level of investment in the foreign
country,
‘‘(B) the level of research and development
in the foreign country,
‘‘(C) the nature of the production process
in the foreign country,
‘‘(D) the extent of production facilities in
the foreign country, and
‘‘(E) whether the value of the processing
performed in the foreign country represents a
small proportion of the value of the merchan-
dise imported into the United States.
‘‘(3) FACTORS TO CONSIDER.—In determining
whether to include merchandise assembled or com-
pleted in a foreign country in a countervailing duty
order or an antidumping duty order or finding under
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paragraph (1), the administering authority shall
take into account such factors as—
‘‘(A) the pattern of trade, including
sourcing patterns,
‘‘(B) whether the manufacturer or exporter
of the merchandise described in paragraph
(1)(B) is affiliated with the person who uses the
merchandise described in paragraph (1)(B) to
assemble or complete in the foreign country the
merchandise that is subsequently imported into
the United States, and
‘‘(C) whether imports into the foreign
country of the merchandise described in para-
graph (1)(B) have increased after the initiation
of the investigation which resulted in the issu-
ance of such order or finding.’’.
(b) TIME LIMITS FOR ADMINISTERING AUTHORITY
DETERMINATIONS.—Section 781 (19 U.S.C. 1677j) is
amended by adding at the end the following:
‘‘(f) TIME LIMITS FOR ADMINISTERING AUTHORITY
DETERMINATIONS.—The administering authority shall, to
the maximum extent practicable, make the determinations
under this section within 300 days from the date of the
initiation of a countervailing duty or antidumping cir-
cumvention inquiry under this section.’’.
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SEC. 231. EVIDENCE.
(a) CONDUCT OF INVESTIGATIONS AND ADMINISTRA-
TIVE REVIEWS.—Subtitle D of title VII (19 U.S.C. 1671)
is amended by adding at the end the following new section:
‘‘SEC. 782. CONDUCT OF INVESTIGATIONS AND ADMINIS-
TRATIVE REVIEWS.
‘‘(a) TREATMENT
OF VOLUNTARY RESPONSES
IN
COUNTERVAILING OR ANTIDUMPING DUTY INVESTIGA-
TIONS AND REVIEWS.—In any investigation under subtitle
A or B or a review under section 751(a) in which the ad-
ministering authority has, under section 777A(c)(2) or
section 777A(e)(2)(A) (whichever is applicable), limited
the number of exporters or producers examined, or deter-
mined a single country-wide rate, the administering au-
thority shall establish an individual countervailable sub-
sidy rate or an individual weighted average dumping mar-
gin for any exporter or producer not initially selected for
individual examination under such sections who submits
to the administering authority the information requested
from exporters or producers selected for examination, if—
‘‘(1) such information is so submitted by the
date specified—
‘‘(A) for exporters and producers that were
initially selected for examination, or
‘‘(B) for the foreign government, in a
countervailing duty case where the administer-
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ing authority has determined a single country-
wide rate; and
‘‘(2) the number of exporters or producers who
have submitted such information is not so large that
individual examination of such exporters or produc-
ers would be unduly burdensome and inhibit the
timely completion of the investigation.
‘‘(b) CERTIFICATION OF SUBMISSIONS.—Any person
providing factual information to the administering author-
ity or the Commission in connection with a proceeding
under this title on behalf of the petitioner or any other
interested party shall certify that such information is ac-
curate and complete to the best of that person’s knowl-
edge.
‘‘(c) DIFFICULTIES IN MEETING REQUIREMENTS.—
‘‘(1) NOTIFICATION BY INTERESTED PARTY.—
If an interested party, promptly after receiving a re-
quest from the administering authority or the Com-
mission for information, notifies the administering
authority or the Commission (as the case may be)
that such party is unable to submit the information
requested in the requested form and manner, to-
gether with a full explanation and suggested alter-
native forms in which such party is able to submit
the information, the administering authority or the
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Commission (as the case may be) shall consider the
ability of the interested party to submit the informa-
tion in the requested form and manner and may
modify such requirements to the extent necessary to
avoid imposing an unreasonable burden on that
party.
‘‘(2) ASSISTANCE TO INTERESTED PARTIES.—
The administering authority and the Commission
shall take into account any difficulties experienced
by interested parties, particularly small companies,
in supplying information requested by the admin-
istering authority or the Commission in connection
with investigations and reviews under this title, and
shall provide to such interested parties any assist-
ance that is practicable in supplying such informa-
tion.
‘‘(d) DEFICIENT SUBMISSIONS.—If the administering
authority or the Commission determines that a response
to a request for information under this title does not com-
ply with the request, the administering authority or the
Commission (as the case may be) shall promptly inform
the person submitting the response of the nature of the
deficiency and shall, to the extent practicable, provide that
person with an opportunity to remedy or explain the defi-
ciency in light of the time limits established for the com-
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pletion of investigations or reviews under this title. If that
person submits further information in response to such
deficiency and either—
‘‘(1) the administering authority or the Com-
mission (as the case may be) finds that such re-
sponse is not satisfactory, or
‘‘(2) such response is not submitted within the
applicable time limits,
then the administering authority or the Commission (as
the case may be) may, subject to subsection (e), disregard
all or part of the original and subsequent responses.
‘‘(e) USE OF CERTAIN INFORMATION.—In reaching
a determination under section 703, 705, 733, 735, 751,
or 753 the administering authority and the Commission
shall not decline to consider information that is submitted
by an interested party and is necessary to the determina-
tion but does not meet all the applicable requirements es-
tablished by the administering authority or the Commis-
sion, if—
‘‘(1) the information is submitted by the dead-
line established for its submission,
‘‘(2) the information can be verified,
‘‘(3) the information is not so incomplete that
it cannot serve as a reliable basis for reaching the
applicable determination,
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‘‘(4) the interested party has demonstrated that
it acted to the best of its ability in providing the in-
formation and meeting the requirements established
by the administering authority or the Commission
with respect to the information, and
‘‘(5) the information can be used without undue
difficulties.
‘‘(f) NONACCEPTANCE OF SUBMISSIONS.—If the ad-
ministering authority or the Commission declines to accept
into the record any information submitted in an investiga-
tion or review under this title, it shall, to the extent prac-
ticable, provide to the person submitting the information
a written explanation of the reasons for not accepting the
information.
‘‘(g) PUBLIC COMMENT ON INFORMATION.—Infor-
mation that is submitted on a timely basis to the admin-
istering authority or the Commission during the course of
a proceeding under this title shall be subject to comment
by other parties to the proceeding within such reasonable
time as the administering authority or the Commission
shall provide. The administering authority and the Com-
mission, before making a final determination under section
705, 735, 751, or 753 shall cease collecting information
and shall provide the parties with a final opportunity to
comment on the information obtained by the administer-
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ing authority or the Commission (as the case may be)
upon which the parties have not previously had an oppor-
tunity to comment. Comments containing new factual in-
formation shall be disregarded.
‘‘(h) TERMINATION OF INVESTIGATION OR REVOCA-
TION OF ORDER FOR LACK OF INTEREST.—The admin-
istering authority may—
‘‘(1) terminate an investigation under subtitle A
or B with respect to a domestic like product if, prior
to publication of an order under section 706 or 736,
the administering authority determines that produc-
ers accounting for substantially all of the production
of that domestic like product have expressed a lack
of interest in issuance of an order; and
‘‘(2) revoke an order issued under section 706
or 736 with respect to a domestic like product, or
terminate an investigation suspended under section
704 or 734 with respect to a domestic like product,
if the administering authority determines that pro-
ducers accounting for substantially all of the produc-
tion of that domestic like product, have expressed a
lack of interest in the order or suspended investiga-
tion.
‘‘(i) VERIFICATION.—The administering authority
shall verify all information relied upon in making—
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‘‘(1) a final determination in an investigation,
‘‘(2) a revocation under section 751(d), and
‘‘(3) a final determination in a review under
section 751(a), if—
‘‘(A) verification is timely requested by an
interested 
party 
as 
defined 
in 
section
771(9)(C), (D), (E), (F), or (G), and
‘‘(B) no verification was made under this
subparagraph during the 2 immediately preced-
ing reviews and determinations under section
751(a) of the same order, finding, or notice, ex-
cept that this clause shall not apply if good
cause for verification is shown.’’.
(b) AVAILABILITY OF NONPROPRIETARY INFORMA-
TION.—Section 777(a)(4) (19 U.S.C. 1677f(a)(4)) is
amended by striking ‘‘may disclose’’ and inserting ‘‘shall
disclose’’.
(c) DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.—Section 776 (19 U.S.C. 1677e) is amended
to read as follows:
‘‘SEC. 776. DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.
‘‘(a) IN GENERAL.—If—
‘‘(1) necessary information is not available on
the record, or
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‘‘(2) an interested party or any other person—
‘‘(A) withholds information that has been
requested by the administering authority or the
Commission under this title,
‘‘(B) fails to provide such information by
the deadlines for submission of the information
or in the form and manner requested, subject to
subsections (c)(1) and (e) of section 782,
‘‘(C) significantly impedes a proceeding
under this title, or
‘‘(D) provides such information but the in-
formation cannot be verified as provided in sec-
tion 782(i),
the administering authority and the Commission shall,
subject to section 782(d), use the facts otherwise available
in reaching the applicable determination under this title.
‘‘(b) ADVERSE INFERENCES.—If the administering
authority or the Commission (as the case may be) finds
that an interested party has failed to cooperate by not act-
ing to the best of its ability to comply with a request for
information from the administering authority or the Com-
mission, the administering authority or the Commission
(as the case may be), in reaching the applicable determina-
tion under this title, may use an inference that is adverse
to the interests of that party in selecting from among the
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facts otherwise available. Such adverse inference may in-
clude reliance on information derived from—
‘‘(1) the petition,
‘‘(2) a final determination in the investigation
under this title,
‘‘(3) any previous review under section 751 or
determination under section 753, or
‘‘(4) any other information placed on the
record.
‘‘(c) CORROBORATION
OF SECONDARY INFORMA-
TION.—When the administering authority or the Commis-
sion relies on secondary information rather than on infor-
mation obtained in the course of an investigation or re-
view, the administering authority or the Commission, as
the case may be, shall, to the extent practicable, corrobo-
rate that information from independent sources that are
reasonably at their disposal.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 777(e) (19 U.S.C. 1677f(e)) is re-
pealed.
(2) The table of contents for title VII is amend-
ed—
(A) by amending the item relating to sec-
tion 776 to read as follows:
‘‘Sec. 776. Determinations on the basis of the facts available.’’;
and
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(B) by inserting after the item relating to
section 781 the following new item:
‘‘Sec. 782. Conduct of investigations and administrative reviews.’’.
SEC. 232. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
(a) IN GENERAL.—Subtitle D of title VII (19 U.S.C.
1677 et seq.), as amended by section 231(a), is amended
by adding at the end the following new section:
‘‘SEC. 783. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
‘‘(a) FILING OF PETITION.—The government of a
WTO member may file with the Trade Representative a
petition requesting that an investigation be conducted to
determine if—
‘‘(1) imports from another country are being
sold in the United States at less than fair value, and
‘‘(2) an industry in the petitioning country is
materially injured by reason of those imports.
‘‘(b) INITIATION.—The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the WTO
Council for Trade in Goods, shall determine whether to
initiate an investigation described in subsection (a).
‘‘(c) DETERMINATIONS.—Upon initiation of an inves-
tigation under this section, the Trade Representative shall
request the following determinations be made according
to substantive and procedural requirements specified by
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the Trade Representative, notwithstanding any other pro-
vision of this title:
‘‘(1) The administering authority shall deter-
mine whether imports into the United States of the
subject merchandise are being sold at less than fair
value.
‘‘(2) The Commission shall determine whether
an industry in the petitioning country is materially
injured by reason of imports of the subject merchan-
dise into the United States.
‘‘(d) PUBLIC COMMENT.—An opportunity for public
comment shall be provided, as appropriate—
‘‘(1) by the Trade Representative, in making
the determination required by subsection (b), and
‘‘(2) by the administering authority and the
Commission, in making the determination required
by subsection (c).
‘‘(e) ISSUANCE OF ORDER.—If the administering au-
thority makes an affirmative determination under para-
graph (1) of subsection (c), and the Commission makes
an affirmative determination under paragraph (2) of sub-
section (c), the administering authority shall issue an anti-
dumping duty order in accordance with section 736 and
take such other actions as are required by section 736.
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‘‘(f) REVIEWS OF DETERMINATIONS.—For purposes
of review under section 516A or review under section 751,
if an order is issued under subsection (d), the final deter-
minations of the administering authority and the Commis-
sion under this section shall be treated as final determina-
tions made under section 735.
‘‘(g) ACCESS TO INFORMATION.—Section 777 shall
apply to investigations under this section, to the extent
specified by the Trade Representative, after consultation
with the administering authority and the Commission.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII, as amended by section 231(d)(2), is
amended by adding after the item relating to section 782
the following new item:
‘‘Sec. 783. Antidumping petitions by third countries.’’.
SEC. 233. CONFORMING AMENDMENTS.
(a) TERMINOLOGY.—
(1) NORMAL
VALUE.—Each of the following
sections is amended by striking ‘‘foreign market
value’’ each place it appears in the text and in the
heading and inserting ‘‘normal value’’:
(A) Section 731 (19 U.S.C. 1673).
(B) Section 734 (19 U.S.C. 1673c).
(C) Section 736 (19 U.S.C. 1673e).
(D) Section 739 (19 U.S.C. 1673h).
(E) Section 780 (19 U.S.C. 1677i).
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(2) EXPORT PRICE.—
(A) IN GENERAL.—Each of the following
sections is amended by striking ‘‘United States
price’’ each place it appears in the text and in
the heading and inserting ‘‘export price (or the
constructed export price)’’:
(i) Section 731 (19 U.S.C. 1673).
(ii) Section 734 (19 U.S.C. 1673c).
(iii) Section 736 (19 U.S.C. 1673e).
(iv) Section 738 (19 U.S.C. 1673g).
(v) Section 739 (19 U.S.C. 1673h).
(vi) Section 780 (19 U.S.C. 1677i).
(B) EXPORTER’S
SALES
PRICE.—Section
738(b)(3) (19 U.S.C. 1673g(b)(3)) is amended
by striking ‘‘exporter’s sales price’’ and insert-
ing ‘‘constructed export price’’.
(3) DOMESTIC LIKE PRODUCT.—
(A) Each of the following sections is
amended by striking ‘‘like product’’ each place
it appears in the text and in the heading and
inserting ‘‘domestic like product’’:
(i) Section 771(4)(C) and (D) (19
U.S.C. 1677(4)(C) and (D)).
(ii) Section 771(7)(C)(iii)(IV) (19
U.S.C. 1677(7)(C)(iii)(IV)).
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(iii) 
Section 
771(9) 
(19 
U.S.C.
1677(9)).
(iv) 
Section 
771(10) (19 U.S.C.
1677(10)).
(B) Sections 771(7)(B)(i)(II) and (III)
and 
section 
771(7)(C)(ii)(I) 
(19 
U.S.C.
1677(7)(B)(i)(II) and (III) and (C)(ii)(I)) are
amended by striking ‘‘like products’’ and insert-
ing ‘‘domestic like products’’.
(4) FOREIGN LIKE PRODUCT.—Section 771(16)
(19 U.S.C. 1677(16)) is amended—
(A) by striking ‘‘such or similar merchan-
dise’’ in the text and inserting ‘‘foreign like
product’’, and
(B) by amending the heading to read as
follows: ‘‘FOREIGN LIKE PRODUCT.’’.
(5) SUBJECT MERCHANDISE.—
(A) Section 701(d) (19 U.S.C. 1671(d)) is
amended by striking ‘‘a class or kind of mer-
chandise subject to a countervailing duty inves-
tigation’’ and inserting ‘‘subject merchandise’’.
(B) Section 702(e) (19 U.S.C. 1671a(e)) is
amended by striking ‘‘class or kind of merchan-
dise that is the subject of the investigation’’
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each place it appears and inserting ‘‘subject
merchandise’’.
(C) 
Section 
703(b)(1) 
(19 
U.S.C.
1671b(b)(1)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(D) Section 704(a)(2)(A) (19 U.S.C.
1671c(a)(2)(A)) is amended by striking ‘‘mer-
chandise that is subject to the investigation’’
and inserting ‘‘subject merchandise’’.
(E) Section 704(b) (19 U.S.C. 1671c(b))
is amended by striking ‘‘merchandise which is
the subject of the investigation’’ and inserting
‘‘subject merchandise’’.
(F) 
Section 
704(c)(1) 
(19 
U.S.C.
1671c(c)(1)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(G) 
Section 
704(c)(2) 
(19 
U.S.C.
1671c(c)(2)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(H) 
Section 
704(c)(3) 
(19 
U.S.C.
1671c(c)(3)) is amended by striking ‘‘merchan-
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dise which is the subject of an investigation’’
and inserting ‘‘subject merchandise’’.
(I) 
Section 
704(d)(3) 
(19 
U.S.C.
1671c(d)(3)) is amended by striking ‘‘merchan-
dise covered by such agreement’’ and inserting
‘‘subject merchandise’’.
(J) 
Section 
704(f)(1)(A) 
(19 
U.S.C.
1671c(f)(1)(A)) is amended by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(K) Subparagraphs (A)(i) and (B) of sec-
tion 704(f)(2) (19 U.S.C. 1671c(f)(2)(A)(i) and
(B)) are amended by striking ‘‘merchandise
which is the subject of the investigation’’ each
place it appears and inserting ‘‘subject mer-
chandise’’.
(L) Paragraphs (2) and (3) of section
704(h) (19 U.S.C. 1671c(h) (2) and (3)) are
amended by striking ‘‘merchandise which is the
subject of the investigation’’ each place it ap-
pears and inserting ‘‘subject merchandise’’.
(M) Section 704(j) (19 U.S.C. 1671c(j)) is
amended by striking ‘‘merchandise which is the
subject of the investigation’’ and inserting
‘‘subject merchandise’’.
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(N) 
Section 
705(a)(1) 
(19 
U.S.C.
1671d(a)(1)) is amended by striking ‘‘the mer-
chandise’’ and inserting ‘‘the subject merchan-
dise’’.
(O) 
Section 
706(a)(2) 
(19 
U.S.C.
1671e(a)(2)), as redesignated by section 265, is
amended by striking ‘‘class or kind of merchan-
dise to which it applies’’ and inserting ‘‘subject
merchandise’’.
(P) 
Section 
732(e)(1) 
(19 
U.S.C.
1673a(e)(1)) is amended by striking ‘‘class or
kind of the merchandise which is the subject of
the investigation’’ and inserting ‘‘the subject
merchandise’’.
(Q) 
Section 
732(e)(2) 
(19 
U.S.C.
1673a(e)(2)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(R) Section 732(e) (19 U.S.C. 1673a(e)) is
amended by striking ‘‘class or kind of merchan-
dise that is the subject of the investigation’’
each place it appears and inserting ‘‘subject
merchandise’’.
(S) 
Section 
734(a)(2)(A) 
(19 
U.S.C
1673c(a)(2)(A)) is amended by striking ‘‘mer-
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chandise that is subject to the investigation’’
and inserting ‘‘subject merchandise’’.
(T) Subsections (b), (c)(1), (f)(1)(A),
(f)(2)(A)(i), (g)(1), (h)(2), (h)(3), and (j) of
section 734 (19 U.S.C 1673c(b), (c)(1),
(f)(1)(A), (f)(2)(A)(i), (g)(1), (h)(2), (h)(3),
and (j)) are amended by striking ‘‘merchandise
which is the subject of the investigation’’ each
place it appears and inserting ‘‘subject mer-
chandise’’.
(U) Section 734(f)(2)(B) (19 U.S.C.
1673c(f)(2)(B)) is amended by striking ‘‘mer-
chandise subject to the investigation’’ and in-
serting ‘‘subject merchandise’’.
(V) 
Section 
735(a)(1) 
(19 
U.S.C.
1673d(a)(1)) is amended by striking ‘‘mer-
chandise which was the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(W) 
Section 
736(a)(2) 
(19 
U.S.C.
1673e(a)(2)) is amended by striking ‘‘class or
kind of merchandise to which it applies’’ and
inserting ‘‘subject merchandise’’.
(X) 
Section 
736(b)(1) 
(19 
U.S.C.
1673e(b)(1)) is amended by striking ‘‘merchan-
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dise subject to the antidumping duty order’’
and inserting ‘‘subject merchandise’’.
(Y) 
Section 
736(b)(2) 
(19 
U.S.C.
1673e(b)(2)) is amended by striking ‘‘merchan-
dise subject to an antidumping duty order’’ and
inserting ‘‘subject merchandise’’.
(Z) 
Section 
762(a)(1) 
(19 
U.S.C.
1676a(a)(1)) is amended by striking ‘‘merchan-
dise subject to the agreement’’ and inserting
‘‘subject merchandise’’.
(AA) 
Section 
762(b)(2) 
(19 
U.S.C.
1676a(b)(2)) is amended by striking ‘‘merchan-
dise subject to the order’’ and inserting ‘‘sub-
ject merchandise’’.
(BB) Section 771(7)(B)(i)(I) (19 U.S.C.
1677(7)(B)(i)(I)) is amended by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(CC) 
Section 
771(9)(A) 
(19 
U.S.C.
1677(9)(A)) is amended by striking ‘‘merchan-
dise which is the subject of an investigation
under this title’’ and inserting ‘‘subject mer-
chandise’’.
(DD) Section 771(16)(A) (19 U.S.C.
1677(16)(A)) is amended by striking ‘‘merchan-
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dise which is the subject of an investigation’’
and inserting ‘‘subject merchandise’’.
(EE) Section 771(16)(B)(i) (19 U.S.C.
1677(16)(B)(i)) is amended by striking ‘‘mer-
chandise which is the subject of an investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(FF) 
Section 
771(17) 
(19 
U.S.C.
1677(17)) is amended by striking ‘‘merchandise
which is the subject of the investigation’’ and
inserting ‘‘subject merchandise’’.
(GG) Section 771A(c) (19 U.S.C. 1677–
1(c)) is amended by striking ‘‘merchandise
under investigation’’ and inserting ‘‘subject
merchandise’’.
(6) INITIATE.—(A) Each of the following sec-
tions is amended by striking ‘‘commenced’’ and in-
serting ‘‘initiated’’:
(i) Section 702(a).
(ii) Section 702(b)(1).
(iii) Section 703(b)(1).
(iv) Section 703(c)(1).
(v) Section 732(a)(1).
(vi) Section 732(a)(2)(D).
(vii) Section 732(b)(1).
(viii) Section 733(b)(1)(A) and (B).
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(ix) Section 733(b)(2).
(x) Section 733(c)(1).
(B) Sections 703(g)(1) and 733(b)(2) are each
amended by striking ‘‘commencement’’ and inserting
‘‘initiation’’.
(C) Section 732(a)(2)(B) is amended by strik-
ing ‘‘commence’’ and inserting ‘‘initiate’’.
(7) TECHNICAL
AMENDMENTS.—The table of
contents for title VII is amended—
(A) by amending the item relating to sec-
tion 772 to read as follows:
‘‘Sec. 772. Export price and constructed export price.’’;
(B) by striking ‘‘Foreign market value’’ in
the item relating to section 773 and inserting
‘‘Normal value’’, and
(C) by inserting after the item relating to
section 708 the following new item:
‘‘Sec. 709. Conditional payment of countervailing duty.’’.
(b) OTHER CONFORMING AMENDMENTS.—
(1) WTO MEMBER.—Section 771(7)(F)(iii) (19
U.S.C. 1677(7)(F)(iii)) is amended—
(A) in subclause (I), by striking ‘‘GATT
member’’ and inserting ‘‘WTO member’’; and
(B) in subclause (II)—
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(i) in the subclause heading, by strik-
ing 
‘‘GATT 
MEMBER’’ 
and 
inserting
‘‘WTO MEMBER’’;
(ii) by striking ‘‘GATT member’’ and
inserting ‘‘WTO member’’; and
(iii) by striking ‘‘signatory’’ and all
that follows through ‘‘measures)’’ and in-
serting ‘‘WTO member’’.
(2) 
ADMINISTERING
AUTHORITY.—Section
771(1) (19 U.S.C. 1677(1)) is amended by striking
‘‘the Treasury’’ and inserting ‘‘Commerce’’.
SEC. 234. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free
Trade Agreement and section 408 of the North American
Free Trade Agreement Implementation Act, the amend-
ments made by this title shall apply with respect to goods
from Canada and Mexico.
Subtitle B—Subsidies Provisions
PART 1—COUNTERVAILABLE SUBSIDIES
SEC. 251. COUNTERVAILABLE SUBSIDY.
(a) IN GENERAL.—Section 771 (19 U.S.C. 1677) is
amended by striking paragraph (5) and inserting the fol-
lowing:
‘‘(5) COUNTERVAILABLE SUBSIDY.—
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‘‘(A) IN GENERAL.—Except as provided in
paragraph (5B), a countervailable subsidy is a
subsidy described in this paragraph which is
specific as described in paragraph (5A).
‘‘(B) SUBSIDY DESCRIBED.—A subsidy is
described in this paragraph in the case in which
an authority—
‘‘(i) provides a financial contribution,
‘‘(ii) provides any form of income or
price support within the meaning of Article
XVI of the GATT 1994, or
‘‘(iii) makes a payment to a funding
mechanism to provide a financial contribu-
tion, or entrusts or directs a private entity
to make a financial contribution, if provid-
ing the contribution would normally be
vested in the government and the practice
does not differ in substance from practices
normally followed by governments,
to a person and a benefit is thereby conferred.
For purposes of this paragraph and paragraphs
(5A) and (5B), the term ‘authority’ means a
government of a country or any public entity
within the territory of the country.
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‘‘(C) OTHER
FACTORS.—The determina-
tion of whether a subsidy exists shall be made
without regard to whether the recipient of the
subsidy is publicly or privately owned and with-
out regard to whether the subsidy is provided
directly or indirectly on the manufacture, pro-
duction, or export of merchandise. The admin-
istering authority is not required to consider
the effect of the subsidy in determining whether
a subsidy exists under this paragraph.
‘‘(D) 
FINANCIAL
CONTRIBUTION.—The
term ‘financial contribution’ means—
‘‘(i) the direct transfer of funds, such
as grants, loans, and equity infusions, or
the potential direct transfer of funds or li-
abilities, such as loan guarantees,
‘‘(ii) foregoing or not collecting reve-
nue that is otherwise due, such as granting
tax credits or deductions from taxable in-
come,
‘‘(iii) providing goods or services,
other than general infrastructure, or
‘‘(iv) purchasing goods.
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‘‘(E) BENEFIT
CONFERRED.—A benefit
shall normally be treated as conferred where
there is a benefit to the recipient, including—
‘‘(i) in the case of an equity infusion,
if the investment decision is inconsistent
with the usual investment practice of pri-
vate investors, including the practice re-
garding the provision of risk capital, in the
country in which the equity infusion is
made,
‘‘(ii) in the case of a loan, if there is
a difference between the amount the recipi-
ent of the loan pays on the loan and the
amount the recipient would pay on a com-
parable commercial loan that the recipient
could actually obtain on the market,
‘‘(iii) in the case of a loan guarantee,
if there is a difference, after adjusting for
any difference in guarantee fees, between
the amount the recipient of the guarantee
pays on the guaranteed loan and the
amount the recipient would pay for a com-
parable commercial loan if there were no
guarantee by the authority, and
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‘‘(A) IN GENERAL.—A subsidy is specific if
it is an export subsidy described in subpara-
graph (B) or an import substitution subsidy de-
scribed in subparagraph (C), or if it is deter-
mined to be specific pursuant to subparagraph
(D).
‘‘(B) EXPORT SUBSIDY.—An export sub-
sidy is a subsidy that is, in law or in fact, con-
tingent upon export performance, alone or as 1
of 2 or more conditions.
‘‘(C) IMPORT
SUBSTITUTION
SUBSIDY.—
An import substitution subsidy is a subsidy that
is contingent upon the use of domestic goods
over imported goods, alone or as 1 of 2 or more
conditions.
‘‘(D) DOMESTIC SUBSIDY.—In determining
whether a subsidy (other than a subsidy de-
scribed in subparagraph (B) or (C)) is a spe-
cific subsidy, in law or in fact, to an enterprise
or industry within the jurisdiction of the au-
thority providing the subsidy, the following
guidelines shall apply:
‘‘(i) Where the authority providing the
subsidy, or the legislation pursuant to
which the authority operates, expressly
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limits access to the subsidy to an enter-
prise or industry, the subsidy is specific as
a matter of law.
‘‘(ii) Where the authority providing
the subsidy, or the legislation pursuant to
which the authority operates, establishes
objective criteria or conditions governing
the eligibility for, and the amount of, a
subsidy, the subsidy is not specific as a
matter of law, if—
‘‘(I) eligibility is automatic,
‘‘(II) the criteria or conditions
for eligibility are strictly followed, and
‘‘(III) the criteria or conditions
are clearly set forth in the relevant
statute, regulation, or other official
document so as to be capable of ver-
ification.
For purposes of this clause, the term ‘ob-
jective criteria or conditions’ means criteria
or conditions that are neutral and that do
not favor one enterprise or industry over
another.
‘‘(iii) Where there are reasons to be-
lieve that a subsidy may be specific as a
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matter of fact, the subsidy is specific if one
or more of the following factors exist:
‘‘(I) The actual recipients of the
subsidy, whether considered on an en-
terprise or industry basis, are limited
in number.
‘‘(II) An enterprise or industry is
a predominant user of the subsidy.
‘‘(III) An enterprise or industry
receives a disproportionately large
amount of the subsidy.
‘‘(IV) The manner in which the
authority providing the subsidy has
exercised discretion in the decision to
grant the subsidy indicates that an
enterprise or industry is favored over
others.
In evaluating the factors set forth in
subclauses (I), (II), (III), and (IV), the ad-
ministering authority shall take into ac-
count the extent of diversification of eco-
nomic activities within the jurisdiction of
the authority providing the subsidy, and
the length of time during which the sub-
sidy program has been in operation.
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‘‘(iv) Where a subsidy is limited to an
enterprise or industry located within a des-
ignated geographical region within the ju-
risdiction of the authority providing the
subsidy, the subsidy is specific.
For purposes of this paragraph and paragraph (5B),
any reference to an enterprise or industry is a ref-
erence to a foreign enterprise or foreign industry
and includes a group of such enterprises or indus-
tries.
‘‘(5B) CATEGORIES OF NONCOUNTERVAILABLE
SUBSIDIES.—
‘‘(A) IN
GENERAL.—Notwithstanding the
provisions of paragraphs (5) and (5A), in the
case of merchandise imported from a Subsidies
Agreement country, a subsidy shall be treated
as noncountervailable if the administering au-
thority determines in an investigation under
subtitle A or a review under subtitle C that the
subsidy meets all of the criteria described in
subparagraph (B), (C), or (D), as the case may
be, or the provisions of subparagraph (E)(i)
apply.
‘‘(B) RESEARCH SUBSIDY.—
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‘‘(i) IN GENERAL.—Except for a sub-
sidy provided on the manufacture, produc-
tion, or export of civil aircraft, a subsidy
for research activities conducted by a per-
son, or by a higher education or research
establishment on a contract basis with a
person, 
shall 
be 
treated 
as
noncountervailable, if the subsidy covers
not more than 75 percent of the costs of
industrial research or not more than 50
percent of the costs of precompetitive de-
velopment activity, and such subsidy is
limited exclusively to—
‘‘(I) the costs of researchers,
technicians, and other supporting
staff employed exclusively in the re-
search activity,
‘‘(II) the costs of instruments,
equipment, land, or buildings that are
used exclusively and permanently (ex-
cept when disposed of on a commer-
cial basis) for the research activity,
‘‘(III) the costs of consultancy
and equivalent services used exclu-
sively for the research activity, includ-
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ing costs for bought-in research, tech-
nical knowledge, and patents,
‘‘(IV) additional overhead costs
incurred directly as a result of the re-
search activity, and
‘‘(V) other operating costs (such
as materials and supplies) incurred di-
rectly as a result of the research activ-
ity.
‘‘(ii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) INDUSTRIAL
RESEARCH.—
The term ‘industrial research’ means
planned search or critical investiga-
tion aimed at the discovery of new
knowledge, with the objective that
such knowledge may be useful in de-
veloping new products, processes, or
services, or in bringing about a sig-
nificant improvement to existing prod-
ucts, processes, or services.
‘‘(II) PRECOMPETITIVE
DEVEL-
OPMENT
ACTIVITY.—The 
term
‘precompetitive development activity’
means the translation of industrial re-
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search findings into a plan, blueprint,
or design for new, modified, or im-
proved products, processes, or serv-
ices, whether intended for sale or use,
including the creation of a first proto-
type that would not be capable of
commercial use. The term also may
include the conceptual formulation
and design of products, processes, or
services alternatives and initial dem-
onstration or pilot projects, if these
same projects cannot be converted or
used for industrial application or com-
mercial exploitation. The term does
not include routine or periodic alter-
ations to existing products, production
lines, manufacturing processes, serv-
ices, or other ongoing operations even
if those alterations may represent im-
provements.
‘‘(iii) CALCULATION RULES.—
‘‘(I) IN GENERAL.—In the case
of a research activity that spans both
industrial research and precompetitive
development activity, the allowable
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level of the noncountervailable subsidy
shall not exceed 62.5 percent of the
costs set forth in subclauses (I), (II),
(III), (IV), and (V) of clause (i).
‘‘(II) TOTAL ELIGIBLE COSTS.—
The 
allowable 
level 
of 
a
noncountervailable subsidy described
in clause (i) shall be based on the
total eligible costs incurred over the
duration of a particular project.
‘‘(C) SUBSIDY
TO
DISADVANTAGED
RE-
GIONS.—
‘‘(i) IN
GENERAL.—A subsidy pro-
vided, pursuant to a general framework of
regional development, to a person located
in a disadvantaged region within a country
shall be treated as noncountervailable, if it
is not specific (within the meaning of para-
graph (5A)) within eligible regions and if
the following conditions are met:
‘‘(I) Each region identified as
disadvantaged within the territory of
a country is a clearly designated, con-
tiguous geographical area with a de-
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finable economic and administrative
identity.
‘‘(II) Each region is considered a
disadvantaged region on the basis of
neutral and objective criteria indicat-
ing that the region is disadvantaged
because of more than temporary cir-
cumstances, and such criteria are
clearly stated in the relevant statute,
regulation, or other official document
so as to be capable of verification.
‘‘(III) The criteria described in
subclause (II) include a measurement
of economic development.
‘‘(IV) Programs provided within
a general framework of regional devel-
opment include ceilings on the amount
of assistance that can be granted to a
subsidized project. Such ceilings are
differentiated according to the dif-
ferent levels of development of as-
sisted regions, and are expressed in
terms of investment costs or costs of
job creation. Within such ceilings, the
distribution of assistance is suffi-
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ciently broad and even to avoid the
predominant use of a subsidy by, or
the provision of disproportionately
large amounts of a subsidy to, an en-
terprise or industry as described in
paragraph (5A)(D).
‘‘(ii) MEASUREMENT
OF
ECONOMIC
DEVELOPMENT.—For purposes of clause
(i), the measurement of economic develop-
ment shall be based on one or more of the
following factors:
‘‘(I) Per capita income, house-
hold per capita income, or per capita
gross domestic product that does not
exceed 85 percent of the average for
the country subject to investigation or
review.
‘‘(II) An unemployment rate that
is at least 110 percent of the average
unemployment rate for the country
subject to investigation or review.
The measurement of economic development
shall cover a 3-year period, but may be a
composite measurement and may include
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factors other than those set forth in this
clause.
‘‘(iii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) GENERAL
FRAMEWORK
OF
REGIONAL DEVELOPMENT.—The term
‘general framework of regional devel-
opment’ means that the regional sub-
sidy programs are part of an inter-
nally consistent and generally applica-
ble regional development policy, and
that regional development subsidies
are not granted in isolated geographi-
cal points having no, or virtually no,
influence on the development of a re-
gion.
‘‘(II) NEUTRAL AND OBJECTIVE
CRITERIA.—The term ‘neutral and ob-
jective criteria’ means criteria that do
not favor certain regions beyond what
is appropriate for the elimination or
reduction of regional disparities within
the framework of the regional develop-
ment policy.
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‘‘(D) SUBSIDY FOR ADAPTATION OF EXIST-
ING FACILITIES TO NEW ENVIRONMENTAL RE-
QUIREMENTS.—
‘‘(i) IN GENERAL.—A subsidy that is
provided to promote the adaptation of ex-
isting facilities to new environmental re-
quirements that are imposed by statute or
by regulation, and that result in greater
constraints and financial burdens on the
recipient of the subsidy, shall be treated as
noncountervailable, if the subsidy—
‘‘(I) is a one-time nonrecurring
measure,
‘‘(II) is limited to 20 percent of
the cost of adaptation,
‘‘(III) does not cover the cost of
replacing and operating the subsidized
investment, a cost that must be fully
borne by the recipient,
‘‘(IV) is directly linked and pro-
portionate to the recipient’s planned
reduction of nuisances and pollution,
and does not cover any manufacturing
cost savings that may be achieved,
and
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‘‘(V) is available to all persons
that can adopt the new equipment or
production processes.
‘‘(ii) EXISTING FACILITIES.—For pur-
poses of this subparagraph, the term ‘ex-
isting facilities’ means facilities that have
been in operation for at least 2 years be-
fore the date on which the new environ-
mental requirements are imposed.
‘‘(E) NOTIFIED SUBSIDY PROGRAM.—
‘‘(i) GENERAL RULE.—If a subsidy is
provided pursuant to a program that has
been notified in accordance with Article
8.3 of the Subsidies Agreement, the sub-
sidy shall be treated as noncountervailable
and shall not be subject to investigation or
review under this title.
‘‘(ii) 
EXCEPTION.—Notwithstanding
clause (i), a subsidy shall be treated as
countervailable if—
‘‘(I) the Trade Representative
notifies the administering authority
that a determination has been made
pursuant to Article 8.4 or 8.5 of the
Subsidies Agreement that the subsidy,
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or the program pursuant to which the
subsidy was provided, does not satisfy
the conditions and criteria of Article
8.2 of the Subsidies Agreement; and
‘‘(II) the subsidy is specific with-
in the meaning of paragraph (5A).
‘‘(F) CERTAIN
SUBSIDIES
ON
AGRICUL-
TURAL
PRODUCTS.—Domestic support meas-
ures that are provided with respect to products
listed in Annex 1 to the Agreement on Agri-
culture, and that the administering authority
determines conform fully to the provisions of
Annex 2 to that Agreement, shall be treated as
noncountervailable. Upon request by the admin-
istering authority, the Trade Representative
shall provide advice regarding the interpretation
and application of Annex 2.
‘‘(G) PROVISIONAL APPLICATION.—
‘‘(i) Subparagraphs (B), (C), (D), and
(E) shall not apply on or after the first
day of the month that is 66 months after
the WTO Agreement enters into force, un-
less the provisions of such subparagraphs
are extended pursuant to section 282(c) of
the Uruguay Round Agreements Act.
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‘‘(ii) Subparagraph (F) shall not
apply to imports from a WTO member
country at the end of the 9-year period be-
ginning on January 1, 1995. The Trade
Representative shall determine the precise
termination date for each WTO member
country in accordance with paragraph (i)
of Article 1 of the Agreement on Agri-
culture and such date shall be notified to
the administering authority.’’.
(b) NET
COUNTERVAILABLE
SUBSIDY.—Section
771(6) (19 U.S.C. 1677(6)) is amended by inserting
‘‘countervailable’’ before ‘‘subsidy’’ each place it appears
in the text and in the heading.
PART 2—REPEAL OF SECTION 303 AND
CONFORMING AMENDMENTS
SEC. 261. REPEAL OF SECTION 303.
(a) IN GENERAL.—Section 303 of the Tariff Act of
1930 (19 U.S.C. 1303) is repealed effective on the effec-
tive date of this title.
(b) SAVINGS PROVISIONS.—
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—All orders, determinations, and other ad-
ministrative actions—
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(A) which have been issued pursuant to an
investigation conducted under section 303 of
the Tariff Act of 1930, and
(B) which are in effect on the effective
date of this title, or were final before such date
and are to become effective on or after such
date,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the administering
authority, the International Trade Commission, or a
court of competent jurisdiction, or by operation of
law. Except as provided in paragraph (3), such or-
ders or determinations shall be subject to review
under section 751 of the Tariff Act of 1930 and, to
the extent applicable, investigation under section
753 of such Act (as added by this title).
(2) PROCEEDINGS NOT AFFECTED.—The provi-
sions of subsection (a) shall not affect any proceed-
ings, including notices of proposed rulemaking,
pending before the administering authority or the
International Trade Commission on the effective
date of this title with respect to such section 303.
Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be
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made pursuant to such orders, in accordance with
such section 303 as in effect on the day before the
effective date of this title and, except as provided in
paragraph (3), shall be subject to review under sec-
tion 751 of the Tariff Act of 1930 and, to the extent
applicable, investigation under section 753 of such
Act. Orders issued in any such proceedings shall
continue in effect until modified, terminated, super-
seded, set aside, or revoked in accordance with law
by the administering authority, a court of competent
jurisdiction, or by operation of law. Nothing in this
section shall be deemed to prohibit the discontinu-
ance or modification of any such proceeding under
the same terms and conditions and to the same ex-
tent that such proceeding could have been discon-
tinued or modified if this section had not been en-
acted.
(3) SUITS NOT AFFECTED.—The provisions of
subsection (a) shall not affect the review pursuant to
section 516A of the Tariff Act of 1930 of a counter-
vailing duty order issued pursuant to an investiga-
tion conducted under section 303 of such Act or a
review of a countervailing duty order issued under
section 751 of such Act, if such review is pending
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or the time for filing such review has not expired on
the effective date of this title.
(c) DEFINITION OF ADMINISTERING AUTHORITY.—
For purposes of this section, the term ‘‘administering au-
thority’’ has the meaning given such term by section
771(1) of the Tariff Act of 1930.
(d) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—
(A) AMENDMENTS
TO
TRADE
ACT
OF
1974.—
(i) Section 331(d)(3) of the Trade Act
of 1974 (19 U.S.C. 1303 note) is repealed.
(ii) Section 152(a)(2) of the Trade
Act of 1974 (19 U.S.C. 2192(a)(2)) is
amended by striking ‘‘(A) in the case of’’
and all that follows through ‘‘(B)’’.
(iii) Section 154(a) of the Trade Act
of 1974 (19 U.S.C. 2194(a)) is amended
by striking ‘‘or section 303(e) of the Tariff
Act of 1930,’’.
(B) AMENDMENTS
TO
TARIFF
ACT
OF
1930.—The following sections of the Tariff Act
of 1930 are amended:
(i) 
Section 
315(d) 
(19 
U.S.C.
1315(d)) is amended by inserting ‘‘(as in
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effect on the day before the effective date
of title II of the Uruguay Round Agree-
ments Act) or section 701’’ after ‘‘section
303’’.
(ii) Section 337(b)(3) (19 U.S.C.
1337(b)(3)) is amended—
(I) by striking ‘‘of section 303 or
subtitle B of title VII of the Tariff
Act of 1930’’ and inserting ‘‘of sub-
title B of title VII of this Act’’,
(II) by striking ‘‘section 303,
671, or 673’’ and inserting ‘‘section
701 or 731’’,
(III) by striking ‘‘section 303,
701,’’ and inserting ‘‘section 701’’,
(IV) by striking ‘‘of the Secretary
under section 303 of this Act or’’, and
(V) by striking ‘‘matter within
such section 303, 701, or’’ and insert-
ing ‘‘matter within such section 701
or’’.
(iii) Section 701 (19 U.S.C. 1671) is
amended by striking subsection (f).
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(iv) Section 780(c)(1) (19 U.S.C.
1677i(c)(1)) is amended by striking ‘‘,
732(a), or 303’’ and inserting ‘‘or 732(a)’’.
(C) OTHER REFERENCES.—Any reference
to section 303 in any other Federal law, Execu-
tive order, rule, or regulation shall be treated as
a reference to section 303 of the Tariff Act of
1930 as in effect on the day before the effective
date of title II of this Act.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on the effective
date of this title.
SEC. 262. IMPOSITION OF COUNTERVAILING DUTIES.
Section 701 (a), (b), and (c) (19 U.S.C. 1671 (a),
(b), and (c)) are amended to read as follows:
‘‘(a) GENERAL RULE.—If—
‘‘(1) the administering authority determines
that the government of a country or any public en-
tity within the territory of a country is providing, di-
rectly or indirectly, a countervailable subsidy with
respect to the manufacture, production, or export of
a class or kind of merchandise imported, or sold (or
likely to be sold) for importation, into the United
States, and
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‘‘(2) in the case of merchandise imported from
a Subsidies Agreement country, the Commission de-
termines that—
‘‘(A) an industry in the United States—
‘‘(i) is materially injured, or
‘‘(ii) is threatened with material in-
jury, or
‘‘(B) the establishment of an industry in
the United States is materially retarded,
by reason of imports of that merchandise or by rea-
son of sales (or the likelihood of sales) of that mer-
chandise for importation,
then there shall be imposed upon such merchandise a
countervailing duty, in addition to any other duty imposed,
equal to the amount of the net countervailable subsidy.
For purposes of this subsection and section 705(b)(1), a
reference to the sale of merchandise includes the entering
into of any leasing arrangement regarding the merchan-
dise that is equivalent to the sale of the merchandise.
‘‘(b) SUBSIDIES AGREEMENT COUNTRY.—For pur-
poses of this title, the term ‘Subsidies Agreement country’
means—
‘‘(1) a WTO member country,
‘‘(2) a country which the President has deter-
mined has assumed obligations with respect to the
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United States which are substantially equivalent to
the obligations under the Subsidies Agreement, or
‘‘(3) a country with respect to which the Presi-
dent determines that—
‘‘(A) there is an agreement in effect be-
tween the United States and that country
which—
‘‘(i) was in force on the date of the
enactment of the Uruguay Round Agree-
ments Act, and
‘‘(ii) requires unconditional most-fa-
vored-nation treatment with respect to ar-
ticles imported into the United States, and
‘‘(B) the agreement described in subpara-
graph (A) does not expressly permit—
‘‘(i) actions required or permitted by
the GATT 1947 or GATT 1994, as de-
fined in section 2(1) of the Uruguay
Round Agreements Act, or required by the
Congress, or
‘‘(ii) nondiscriminatory prohibitions or
restrictions on importation which are de-
signed to prevent deceptive or unfair prac-
tices.
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‘‘(c) COUNTERVAILING DUTY INVESTIGATIONS IN-
VOLVING IMPORTS NOT ENTITLED TO A MATERIAL IN-
JURY DETERMINATION.—In the case of any article or
merchandise imported from a country which is not a Sub-
sidies Agreement country—
‘‘(1) no determination by the Commission under
section 703(a), 704, or 705(b) shall be required,
‘‘(2) an investigation may not be suspended
under section 704(c) or 704(l),
‘‘(3) no determination as to the presence of
critical circumstances shall be made under section
703(e) or 705(a)(2),
‘‘(4) section 706(c) shall not apply,
‘‘(5) any reference to a determination described
in paragraph (1) or (3), or to the suspension of an
investigation under section 704(c) or 704(l), shall be
disregarded, and
‘‘(6) section 751(c) shall not apply.’’.
SEC. 263. DE MINIMIS COUNTERVAILABLE SUBSIDY.
(a) 
PRELIMINARY
DETERMINATIONS.—Section
703(b) (19 U.S.C. 1671b(b)) is amended by adding at the
end the following new paragraph:
‘‘(4) DE
MINIMIS
COUNTERVAILABLE
SUB-
SIDY.—
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‘‘(A) GENERAL RULE.—In making a deter-
mination under this subsection, the administer-
ing authority shall disregard any de minimis
countervailable subsidy. For purposes of the
preceding sentence, a countervailable subsidy is
de minimis if the administering authority deter-
mines 
that 
the 
aggregate 
of 
the 
net
countervailable subsidies is less than 1 percent
ad valorem or the equivalent specific rate for
the subject merchandise.
‘‘(B) EXCEPTION FOR DEVELOPING COUN-
TRIES.—In the case of subject merchandise im-
ported from a Subsidies Agreement country
(other than a country to which subparagraph
(C) applies) designated by the Trade Represent-
ative as a developing country in accordance
with section 771(36), a countervailable subsidy
is de minimis if the administering authority de-
termines that the aggregate of the net
countervailable subsidies does not exceed 2 per-
cent ad valorem or the equivalent specific rate
for the subject merchandise.
‘‘(C) CERTAIN OTHER DEVELOPING COUN-
TRIES.—In the case of subject merchandise im-
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ported from a Subsidies Agreement country
that is—
‘‘(i) a least developed country, as de-
termined by the Trade Representative in
accordance with section 771(36), or
‘‘(ii) a developing country with respect
to which the Trade Representative has no-
tified the administering authority that the
country has eliminated its export subsidies
on an expedited basis within the meaning
of Article 27.11 of the Subsidies Agree-
ment,
subparagraph (B) shall be applied by substitut-
ing ‘3 percent’ for ‘2 percent’.
‘‘(D) LIMITATIONS
ON
APPLICATION
OF
SUBPARAGRAPH (C).—
‘‘(i) IN GENERAL.—In the case of a
country described in subparagraph (C)(i),
the provisions of subparagraph (C) shall
not apply after the date that is 8 years
after the date the WTO Agreement enters
into force.
‘‘(ii) SPECIAL
RULE
FOR
SUBPARA-
GRAPH (C)(ii) COUNTRIES.—In the case of
a country described in subparagraph
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(C)(ii), the provisions of subparagraph (C)
shall not apply after the earlier of—
‘‘(I) the date that is 8 years after
the date the WTO Agreement enters
into force, or
‘‘(II) the date on which the
Trade Representative notifies the ad-
ministering authority that such coun-
try is providing an export subsidy.’’.
(b) FINAL DETERMINATIONS.—Section 705(a) (19
U.S.C. 1671d(a)) is amended by adding at the end the
following new paragraph:
‘‘(3) DE
MINIMIS
COUNTERVAILABLE
SUB-
SIDY.—In making a determination under this sub-
section, the administering authority shall disregard
any countervailable subsidy that is de minimis as de-
fined in section 703(b)(4).’’.
SEC. 264. DETERMINATION OF COUNTERVAILABLE SUB-
SIDY RATE.
(a) PRELIMINARY DETERMINATION.—Section 703(d)
(19 U.S.C. 1673b(d)) is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraph (1), as amended
by section 215(a)(1), as paragraph (2);
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(3) by inserting ‘‘and’’ at the end of paragraph
(2), as so redesignated; and
(4) by inserting before such paragraph (2) the
following new paragraph:
‘‘(1)(A) shall—
‘‘(i) determine an estimated individual
countervailable subsidy rate for each exporter
and producer individually investigated, and, in
accordance with section 705(c)(5), an estimated
all-others rate for all exporters and producers
not individually investigated and for new ex-
porters and producers within the meaning of
section 751(a)(2)(B), or
‘‘(ii) if section 777A(e)(2)(B) applies, de-
termine a single estimated country-wide subsidy
rate, applicable to all exporters and producers,
and
‘‘(B) shall order the posting of a cash deposit,
bond, or other security, as the administering author-
ity deems appropriate, for each entry of the subject
merchandise in an amount based on the estimated
individual countervailable subsidy rate, the estimated
all-others rate, or the estimated country-wide sub-
sidy rate, whichever is applicable,’’.
(b) FINAL DETERMINATION.—
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(1) 
IN
GENERAL.—Section 
705(c)(1) 
(19
U.S.C. 1671d(c)(1)) is amended—
(A) in subparagraph (B)—
(i) by redesignating such subpara-
graph as subparagraph (C); and
(ii) by striking ‘‘under paragraphs (1)
and (2)’’ and all that follows through ‘‘se-
curity’’ and inserting ‘‘the suspension of
liquidation under paragraph (2) of section
703(d)’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (A); and
(C) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B)(i) the administering authority shall—
‘‘(I) determine an estimated individual
countervailable subsidy rate for each ex-
porter and producer individually inves-
tigated, and, in accordance with paragraph
(5), an estimated all-others rate for all ex-
porters and producers not individually in-
vestigated and for new exporters and pro-
ducers within the meaning of section
751(a)(2)(B), or
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‘‘(II) if 777A(e)(2)(B) applies, deter-
mine a single estimated country-wide sub-
sidy rate, applicable to all exporters and
producers,
‘‘(ii) shall order the posting of a cash de-
posit, bond, or other security, as the admin-
istering authority deems appropriate, for each
entry of the subject merchandise in an amount
based 
on 
the 
estimated 
individual
countervailable subsidy rate, the estimated all-
others rate, or the estimated country-wide sub-
sidy rate, whichever is applicable, and’’.
(2) 
METHOD
FOR
DETERMINING
COUNTERVAILABLE SUBSIDY RATE.—Section 705(c)
(19 U.S.C. 1671d(c)) is amended by adding at the
end the following new paragraph:
‘‘(5) METHOD
FOR
DETERMINING
THE
ALL-
OTHERS
RATE
AND
THE
COUNTRY-WIDE
SUBSIDY
RATE.—
‘‘(A) ALL-OTHERS RATE.—
‘‘(i) GENERAL
RULE.—For purposes
of this subsection and section 703(d), the
all-others rate shall be an amount equal to
the weighted average countervailable sub-
sidy rates established for exporters and
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producers individually investigated, exclud-
ing 
any 
zero 
and 
de 
minimis
countervailable subsidy rates, and any
rates determined entirely under section
776.
‘‘(ii) 
EXCEPTION.—If 
the
countervailable subsidy rates established
for all exporters and producers individually
investigated are zero or de minimis rates,
or are determined entirely under section
776, the administering authority may use
any reasonable method to establish an all-
others rate for exporters and producers not
individually investigated, including averag-
ing the weighted average countervailable
subsidy rates determined for the exporters
and producers individually investigated.
‘‘(B) COUNTRY-WIDE SUBSIDY RATE.—The
administering authority may calculate a single
country-wide subsidy rate, applicable to all ex-
porters and producers, if the administering au-
thority limits its examination pursuant to sec-
tion 777A(e)(2)(B). The estimated country-wide
rate determined under section 703(d)(1)(A)(ii)
or paragraph (1)(B)(i)(II) of this subsection
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shall be based on industry-wide data regarding
the 
use 
of 
subsidies 
determined 
to 
be
countervailable.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 703(b)(2) is amended—
(A) by striking ‘‘subsection (b)(1)’’ and in-
serting ‘‘paragraph (1)’’,
(B) by striking ‘‘subsection 702(b)(3)’’ and
inserting ‘‘section 702(b)(3)’’,
(C) by striking ‘‘subsection 703(b)(1)’’ and
inserting ‘‘paragraph (1)’’, and
(D) by striking ‘‘section 703(c)’’ and in-
serting ‘‘subsection (c) of this section’’.
(2) Section 703(e)(2) is amended by striking
‘‘subsection 
(d)(1)’’ 
and 
inserting 
‘‘subsection
(d)(2)’’.
(3) Section 704(f)(2)(A) is amended—
(A) in clause (i), by striking ‘‘section
703(d)(1)’’ and inserting ‘‘section 703(d)(2)’’;
and
(B) in clause (iii), by striking ‘‘section
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
(4) Section 704(f)(2)(B) is amended—
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(A) by striking ‘‘section 703(d)(1)’’ and in-
serting ‘‘section 703(d)(2)’’; and
(B) by striking ‘‘section 703(d)(2)’’ and
inserting ‘‘section 703(d)(1)(B)’’.
(5) Section 704(h)(3) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(2)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
(6) Section 704(i)(1)(A) is amended by striking
‘‘section 
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(2)’’.
(7) Section 705(c)(2) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(2)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
(8) Section 705(c)(3)(B) is amended by striking
‘‘section 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
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(9) Section 706(b)(1) is amended by striking
‘‘section 703(d)(1)’’ each place it appears and in-
serting ‘‘section 703(d)(2)’’.
(10) Section 707(a) is amended—
(A) by striking ‘‘section 703(d)(2)’’ and in-
serting ‘‘section 703(d)(1)(B)’’, and
(B) by striking ‘‘Section 703(d)(2)’’ in the
heading and inserting ‘‘Section 703(d)(1)(B)’’.
(11) Section 708 is amended by striking ‘‘sec-
tion 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
SEC. 265. ASSESSMENT OF COUNTERVAILING DUTY.
Section 706(a) (19 U.S.C. 1671e(a)) is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
SEC. 266. NATURE OF COUNTERVAILABLE SUBSIDY.
Section 771(7)(E)(i) (19 U.S.C. 1677(7)(E)(i)) is
amended to read as follows:
‘‘(i) NATURE
OF
COUNTERVAILABLE
SUBSIDY.—In determining whether there is
a threat of material injury, the Commis-
sion shall consider information provided to
it by the administering authority regarding
the nature of the countervailable subsidy
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granted by a foreign country (particularly
whether the countervailable subsidy is a
subsidy described in Article 3 or 6.1 of the
Subsidies Agreement) and the effects likely
to be caused by the countervailable sub-
sidy.’’.
SEC. 267. DEFINITION OF DEVELOPING AND LEAST-DEVEL-
OPED COUNTRY.
Section 771 (19 U.S.C. 1677), as amended, is
amended by adding at the end the following new para-
graph:
‘‘(36) DEVELOPING
AND
LEAST
DEVELOPED
COUNTRY.—
‘‘(A) DEVELOPING
COUNTRY.—The term
‘developing country’ means a country des-
ignated as a developing country by the Trade
Representative.
‘‘(B) LEAST DEVELOPED COUNTRY.—The
term ‘least developed country’ means a country
which the Trade Representative determines is—
‘‘(i) a country referred to as a least
developed country within the meaning of
paragraph (a) of Annex VII to the Sub-
sidies Agreement, or
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‘‘(ii) any other country listed in Annex
VII to the Subsidies Agreement, but only
if the country has a per capita gross na-
tional product of less than $1,000 per
annum as measured by the most recent
data available from the World Bank.
‘‘(C) PUBLICATION OF LIST.—The Trade
Representative shall publish in the Federal Reg-
ister, and update as necessary, a list of—
‘‘(i) developing countries that have
eliminated their export subsidies on an ex-
pedited basis within the meaning of Article
27.11 of the Subsidies Agreement, and
‘‘(ii) countries determined by the
Trade Representative to be least developed
or developing countries.
‘‘(D) FACTORS TO CONSIDER.—In deter-
mining whether a country is a developing coun-
try under subparagraph (A), the Trade Rep-
resentative shall consider such economic, trade,
and other factors which the Trade Representa-
tive considers appropriate, including the level of
economic development of such country (the as-
sessment of which shall include a review of the
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country’s per capita gross national product)
and the country’s share of world trade.
‘‘(E) LIMITATION
ON
DESIGNATION.—A
determination that a country is a developing or
least developed country pursuant to this para-
graph shall be for purposes of this title only
and shall not affect the determination of a
country’s status as a developing or least devel-
oped country with respect to any other law.’’.
SEC. 268. UPSTREAM SUBSIDIES.
Section 771A(a) (19 U.S.C. 1677–1(a)) is amend-
ed—
(1) by striking the matter preceding paragraph
(1) and paragraph (1) and inserting the following:
‘‘(a) DEFINITION.—The term ‘upstream subsidy’
means any countervailable subsidy, other than an export
subsidy, that—
‘‘(1) is paid or bestowed by an authority (as de-
fined in section 771(5)) with respect to a product
(hereafter in this section referred to as an ‘input
product’) that is used in the same country as the au-
thority in the manufacture or production of mer-
chandise which is the subject of a countervailing
duty proceeding;’’, and
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(2) in the flush sentence at the end thereof, by
inserting ‘‘countervailable’’ before ‘‘subsidy’’.
SEC. 269. SAMPLING AND AVERAGING; DETERMINATION
OF COUNTERVAILABLE SUBSIDY RATE.
(a) IN GENERAL.—Section 777A (19 U.S.C. 1677f–
1), as amended by section 229, is amended by adding at
the end the following new subsection:
‘‘(e) DETERMINATION OF COUNTERVAILABLE SUB-
SIDY RATE.—
‘‘(1) 
GENERAL
RULE.—In 
determining
countervailable subsidy rates under section 703(d),
705(c), or 751(a), the administering authority shall
determine an individual countervailable subsidy rate
for each known exporter or producer of the subject
merchandise.
‘‘(2) EXCEPTION.—If the administering author-
ity determines that it is not practicable to determine
individual countervailable subsidy rates under para-
graph (1) because of the large number of exporters
or producers involved in the investigation or review,
the administering authority may—
‘‘(A) determine individual countervailable
subsidy rates for a reasonable number of ex-
porters or producers by limiting its examination
to—
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‘‘(i) a sample of exporters or produc-
ers that the administering authority deter-
mines is statistically valid based on the in-
formation available to the administering
authority at the time of selection, or
‘‘(ii) exporters and producers account-
ing for the largest volume of the subject
merchandise from the exporting country
that the administering authority deter-
mines can be reasonably examined; or
‘‘(B) determine a single country-wide sub-
sidy rate to be applied to all exporters and pro-
ducers.
The individual countervailable subsidy rates deter-
mined under subparagraph (A) shall be used to de-
termine the all-others rate under section 705(c)(5).’’.
(b) CONFORMING AMENDMENTS.—
(1) The heading for section 777A, as amended
by section 229, is amended by inserting ‘‘AND
COUNTERVAILABLE 
SUBSIDY 
RATE’’
after ‘‘MARGIN’’.
(2) The table of contents for title VII is amend-
ed by inserting ‘‘; determination of weighted average
dumping margin and countervailable subsidy rate’’
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after ‘‘averaging’’ in the item relating to section
777A.
SEC. 270. CONFORMING AMENDMENTS.
(a) COUNTERVAILABLE SUBSIDY.—
(1) Except as provided in paragraph (2), each
of the following sections is amended by striking
‘‘subsidy’’ each place it appears in the text and in
the heading and inserting ‘‘countervailable subsidy’’:
(A) Section 702(e) (19 U.S.C. 1671a(e)).
(B) 
Section 
703(b)(1) 
(19 
U.S.C.
1671b(b)(1)).
(C) 
Section 
703(b)(2) 
(19 
U.S.C.
1671b(b)(2)).
(D) Section 703(c)(1)(B)(i)(I) (19 U.S.C.
1671b(c)(1)(B)(i)(I)).
(E) Section 704 (19 U.S.C. 1671c).
(F) 
Section 
705(a)(1) 
(19 
U.S.C.
1671d(a)(1)).
(G) 
Section 
705(a)(2) 
(19 
U.S.C.
1671d(a)(2)).
(H) 
Section 
706(a)(1) 
(19 
U.S.C.
1671e(a)(1)).
(I) Section 761 (19 U.S.C. 1676).
(J) Section 762 (19 U.S.C. 1676a).
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(K) Section 771A(b) (19 U.S.C. 1677–
1(b)).
(L) Section 771A(c) (19 U.S.C. 1677–
1(c)).
(M) Section 780(d)(1)(A)(ii) (19 U.S.C.
1677i(d)(1)(A)(ii)).
(N) Section 516A(a)(2)(B)(iv) (19 U.S.C.
1516a(a)(2)(B)(iv)).
(2)(A) The heading for section 704(b) (19
U.S.C. 1671c(b)) is amended by striking ‘‘Subsidy’’
and inserting ‘‘Countervailable Subsidy’’.
(B) The heading for section 771A(c) (19 U.S.C.
1677–1(c)) is amended by striking ‘‘Subsidy’’ and
inserting ‘‘Countervailable Subsidy’’.
(b) COUNTERVAILABLE SUBSIDIES.—
(1) Except as provided in paragraph (2), each
of the following sections is amended by striking
‘‘subsidies’’ each place it appears in the text and in
the heading and inserting ‘‘countervailable sub-
sidies’’:
(A) Section 701(d) (19 U.S.C. 1671(d)).
(B) 
Section 
703(c)(1)(B)(i)(III) 
(19
U.S.C. 1671b(c)(1)(B)(i)(III)).
(C) Section 761 (19 U.S.C. 1676).
(D) Section 771B (19 U.S.C. 1677–2).
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(2) The heading for section 761(a) and section
771B (19 U.S.C. 1676(a) and 1677–2) are each
amended by striking ‘‘Subsidies’’ and inserting
‘‘Countervailable Subsidies’’.
(c) OTHER CONFORMING AMENDMENTS.—
(1) The heading for section 704(b) (19 U.S.C.
1671c(b)) is amended by striking ‘‘Subsidized Mer-
chandise’’ and inserting ‘‘Subject Merchandise’’.
(2) Subparagraphs (C) and (D) of section
771(4) (19 U.S.C. 1677(4) (C) and (D)) are amend-
ed by striking ‘‘subsidized or’’ each place it appears
and inserting ‘‘or imports of merchandise benefiting
from a countervailable subsidy’’ after ‘‘imports’’.
(3) Section 771A (19 U.S.C. 1677–1), as
amended, is amended in subsection (c), by striking
‘‘subsidization’’ and inserting ‘‘the countervailable
subsidy’’.
(4) The table of contents for title VII is amend-
ed—
(A) in the item relating to section 771B,
by inserting ‘‘countervailable’’ before ‘‘sub-
sidies’’, and
(B) in the item relating to section 775, by
striking 
‘‘Subsidy’’ 
and 
inserting
‘‘Countervailable subsidy’’.
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(d) SUBSIDIES AGREEMENT.—Section 702(e) (19
U.S.C. 1671a(e)) is amended by striking ‘‘Agreement’’
and inserting ‘‘Subsidies Agreement’’.
(e) SUBSIDIES AGREEMENT AND AGREEMENT ON
AGRICULTURE.—Section 771(8) (19 U.S.C. 1677(8)) is
amended to read as follows:
‘‘(8) SUBSIDIES AGREEMENT; AGREEMENT ON
AGRICULTURE.—
‘‘(A) SUBSIDIES AGREEMENT.—The term
‘Subsidies Agreement’ means the Agreement on
Subsidies and Countervailing Measures referred
to in section 101(d)(12) of the Uruguay Round
Agreements Act.
‘‘(B) AGREEMENT ON AGRICULTURE.—The
term ‘Agreement on Agriculture’ means the
Agreement on Agriculture referred to in section
101(d)(2) of the Uruguay Round Agreements
Act.’’.
PART 3—SECTION 303 INJURY INVESTIGATIONS
SEC. 271. SPECIAL RULES FOR INJURY INVESTIGATIONS
FOR CERTAIN SECTION 303 COUNTERVAILING
DUTY ORDERS AND INVESTIGATIONS.
(a) IN GENERAL.—Chapter 1 of subtitle C of title
VII, as amended, is amended by inserting after section
752 the following new section:
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‘‘SEC. 753. SPECIAL RULES FOR INJURY INVESTIGATIONS
FOR CERTAIN SECTION 303 COUNTERVAILING
DUTY ORDERS AND INVESTIGATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) INVESTIGATION
BY
THE
COMMISSION
UPON
REQUEST.—In the case of a countervailing
duty order described in paragraph (2), which—
‘‘(A) applies to merchandise that is the
product of a Subsidies Agreement country, and
‘‘(B)(i) is in effect on the date on which
such country becomes a Subsidies Agreement
country, or
‘‘(ii) is issued on a date that is after the
date described in clause (i) pursuant to a court
order in an action brought under section 516A,
the Commission, upon receipt of a request from an
interested party described in section 771(9) (C),
(D), (E), (F), or (G) for an injury investigation with
respect to such order, shall initiate an investigation
and shall determine whether an industry in the
United States is likely to be materially injured by
reason of imports of the subject merchandise if the
order is revoked.
‘‘(2) DESCRIPTION OF COUNTERVAILING DUTY
ORDERS.—A countervailing duty order described in
this paragraph is an order issued under section 303
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with respect to which the requirement of an affirma-
tive determination of material injury under section
303(a)(2) was not applicable at the time such order
was issued.
‘‘(3) REQUIREMENTS OF REQUEST FOR INVES-
TIGATION.—A request for an investigation under
this subsection shall be submitted—
‘‘(A) in the case of an order described in
paragraph (1)(B)(i), within 6 months after the
date on which the country described in para-
graph (1)(A) becomes a Subsidies Agreement
country, or
‘‘(B) in the case of an order described in
paragraph (1)(B)(ii), within 6 months after the
date the order is issued.
‘‘(4) SUSPENSION OF LIQUIDATION.—With re-
spect to entries of subject merchandise made on or
after—
‘‘(A) in the case of an order described in
paragraph (1)(B)(i), the date on which the
country described in paragraph (1)(A) becomes
a Subsidies Agreement country, or
‘‘(B) in the case of an order described in
paragraph (1)(B)(ii), the date on which the
order is issued,
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liquidation shall be suspended at the cash deposit
rate in effect on the date described in subparagraph
(A) or (B) (whichever is applicable).
‘‘(b) INVESTIGATION PROCEDURE AND SCHEDULE.—
‘‘(1) COMMISSION PROCEDURE.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, the provisions of this
title regarding evidence in and procedures for
investigations conducted under subtitle A shall
apply to investigations conducted by the Com-
mission under this section.
‘‘(B) TIME FOR COMMISSION DETERMINA-
TION.—Except as otherwise provided in sub-
paragraph (C), the Commission shall issue its
determination under subsection (a)(1), to the
extent possible, not later than 1 year after the
date on which the investigation is initiated
under this section.
‘‘(C) SPECIAL RULE TO PERMIT ADMINIS-
TRATIVE FLEXIBILITY.—In the case of requests
for investigations received under this section
within 1 year after the date on which the WTO
Agreement enters into force with respect to the
United States, the Commission may, after con-
sulting with the administering authority, initi-
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ate its investigations in a manner that results
in determinations being made in all such inves-
tigations during the 4-year period beginning on
such date.
‘‘(2) NET COUNTERVAILABLE SUBSIDY; NATURE
OF SUBSIDY.—
‘‘(A) NET COUNTERVAILABLE SUBSIDY.—
The administering authority shall provide to the
Commission the net countervailable subsidy
that is likely to prevail if the order which is the
subject of the investigation is revoked. The ad-
ministering authority normally shall choose a
net countervailable subsidy that was determined
under section 705 or subsection (a) or (b)(1) of
section 751. If the Commission considers the
magnitude of the net countervailable subsidy in
making its determination under this section, the
Commission shall use the net countervailable
subsidy provided by the administering author-
ity.
‘‘(B) NATURE OF SUBSIDY.—The admin-
istering authority shall inform the Commission
of, and the Commission, in making its deter-
mination under this section, shall consider, the
nature of the countervailable subsidy and
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whether the countervailable subsidy is a subsidy
described in Article 3 or Article 6.1 of the Sub-
sidies Agreement.
‘‘(3) EFFECT
OF
COMMISSION
DETERMINA-
TION.—
‘‘(A) 
AFFIRMATIVE
DETERMINATION.—
Upon being notified by the Commission that it
has made an affirmative determination under
subsection (a)(1)—
‘‘(i) the administering authority shall
order the termination of the suspension of
liquidation required pursuant to subsection
(a)(4), and
‘‘(ii) the countervailing duty order
shall remain in effect until revoked, in
whole or in part, under section 751(d).
For purposes of section 751(c), a countervailing
duty order described in this section shall be
treated as issued on the date of publication of
the Commission’s determination under this sub-
section.
‘‘(B) NEGATIVE DETERMINATION.—
‘‘(i) IN GENERAL.—Upon being noti-
fied by the Commission that it has made a
negative determination under subsection
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(a)(1), the administering authority shall
revoke the countervailing duty order, and
shall refund, with interest, any estimated
countervailing duties collected during the
period liquidation was suspended pursuant
to subsection (a)(4).
‘‘(ii) LIMITATION
ON
NEGATIVE
DE-
TERMINATION.—A determination by the
Commission that revocation of the order is
not likely to result in material injury to an
industry by reason of imports of the sub-
ject merchandise shall not be based, in
whole or in part, on any export taxes, du-
ties, or other charges levied on the export
of the subject merchandise to the United
States that were specifically intended to
offset the countervailable subsidy received.
‘‘(4) COUNTERVAILING DUTY ORDERS WITH RE-
SPECT TO WHICH NO REQUEST FOR INJURY INVES-
TIGATION IS MADE.—If, with respect to a counter-
vailing duty order described in subsection (a), a re-
quest for an investigation is not made within the
time required by subsection (a)(3), the Commission
shall notify the administering authority that a nega-
tive determination has been made under subsection
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(a) and the provisions of paragraph (3)(B) shall
apply with respect to the order.
‘‘(c) PENDING AND SUSPENDED COUNTERVAILING
DUTY INVESTIGATIONS.—If, on the date on which a coun-
try becomes a Subsidies Agreement country, there is a
countervailing duty investigation in progress or suspended
under section 303 that applies to merchandise which is
a product of that country and with respect to which the
requirement of an affirmative determination of material
injury under section 303(a)(2) was not applicable at the
time the investigation was initiated, the Commission
shall—
‘‘(1) in the case of an investigation in progress,
make a final determination under section 705(b)
within 75 days after the date of an affirmative final
determination, if any, by the administering author-
ity,
‘‘(2) in the case of a suspended investigation to
which section 704(i)(1)(B) applies, make a final de-
termination under section 705(b) within 120 days
after receiving notice from the administering author-
ity of the resumption of the investigation pursuant
to section 704(i), or within 45 days after the date
of an affirmative final determination, if any, by the
administering authority, whichever is later, or
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‘‘(3) in the case of a suspended investigation to
which section 704(i)(1)(C) applies, treat the counter-
vailing duty order issued pursuant to such section as
if it were—
‘‘(A) an order issued under subsection
(a)(1)(B)(ii) for purposes of subsection (a)(3);
and
‘‘(B) an order issued under subsection
(a)(1)(B)(i) for purposes of subsection (a)(4).
‘‘(d) PUBLICATION
IN FEDERAL REGISTER.—The
administering authority or the Commission, as the case
may be, shall publish in the Federal Register a notice of
the initiation of any investigation, and a notice of any de-
termination or revocation, made pursuant to this section.
‘‘(e) REQUEST FOR SIMULTANEOUS EXPEDITED RE-
VIEW UNDER SECTION 751(c).—
‘‘(1) GENERAL RULE.—
‘‘(A) REQUESTS FOR REVIEWS.—Notwith-
standing section 751(c)(6)(A) and except as
provided in subparagraph (B), an interested
party may request a review of an order under
section 751(c) at the same time the party re-
quests an investigation under subsection (a), if
the order involves the same or comparable sub-
ject merchandise. Upon receipt of such request,
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the administering authority, after consulting
with the Commission, shall initiate a review of
the order under section 751(c). The Commis-
sion shall combine such review with the inves-
tigation under this section.
‘‘(B) EXCEPTION.—If the administering
authority determines that the interested party
who requested an investigation under this sec-
tion is a related party or an importer within the
meaning of section 771(4)(B), the administer-
ing authority may decline a request by such
party to initiate a review of an order under sec-
tion 751(c) which involves the same or com-
parable subject merchandise.
‘‘(2) CUMULATION.—If a review under section
751(c) is initiated under paragraph (1), such review
shall be treated as having been initiated on the same
day as the investigation under this section, and the
Commission may, in accordance with section
771(7)(G), cumulatively assess the volume and effect
of imports of the subject merchandise from all coun-
tries with respect to which such investigations are
treated as initiated on the same day.
‘‘(3) TIME AND PROCEDURE FOR COMMISSION
DETERMINATION.—The Commission shall render its
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determination in the investigation conducted under
this section at the same time as the Commission’s
determination is made in the review under section
751(c) that is initiated pursuant to this subsection.
The Commission shall in all other respects apply the
procedures and standards set forth in section 751(c)
to such section 751(c) reviews.’’.
(b) 
REVIEW
OF
DETERMINATIONS.—Section
516A(a)(2) (19 U.S.C. 1516a(a)(2)) is amended—
(1) in subparagraph (A)(i)(I), by striking ‘‘or
(v)’’ and inserting ‘‘(v), or (viii)’’, and
(2) in subparagraph (B), by adding at the end
the following:
‘‘(viii) A determination by the Com-
mission under section 753(a)(1).’’.
(c) CONFORMING AMENDMENT.—The table of con-
tents for title VII, as amended, is amended by inserting
after the item relating to section 752 the following new
item:
‘‘Sec. 753. Special rules for injury investigations for certain section 303 coun-
tervailing duty orders and investigations.’’.
PART 4—ENFORCEMENT OF UNITED STATES
RIGHTS UNDER THE SUBSIDIES AGREEMENT
SEC. 281. SUBSIDIES ENFORCEMENT.
(a) ASSISTANCE REGARDING MULTILATERAL SUB-
SIDY REMEDIES.—The administering authority shall pro-
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vide information to the public upon request, and, to the
extent feasible, assistance and advice to interested parties
concerning—
(1) remedies and benefits available under rel-
evant provisions of the Subsidies Agreement, and
(2) the procedures relating to such remedies
and benefits.
(b) PROHIBITED SUBSIDIES.—
(1) NOTIFICATION
OF
TRADE
REPRESENTA-
TIVE.—If the administering authority determines
pursuant to title VII of the Tariff Act of 1930 that
a class or kind of merchandise is benefiting from a
subsidy which is prohibited under Article 3 of the
Subsidies Agreement, the administering authority
shall notify the Trade Representative and shall pro-
vide the Trade Representative with the information
upon which the administering authority based its de-
termination.
(2) REQUEST BY INTERESTED PARTY REGARD-
ING
PROHIBITED
SUBSIDY.—An interested party
may request that the administering authority deter-
mine if there is reason to believe that merchandise
produced in a WTO member country is benefiting
from a subsidy which is prohibited under Article 3
of the Subsidies Agreement. The request shall con-
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tain such information as the administering authority
may require to support the allegations contained in
the request. If the administering authority, after
analyzing the request and other information reason-
ably available to the administering authority, deter-
mines that there is reason to believe that such mer-
chandise is benefiting from a subsidy which is pro-
hibited under Article 3 of the Subsidies Agreement,
the administering authority shall so notify the Trade
Representative, and shall include supporting infor-
mation with the notification.
(c) SUBSIDIES ACTIONABLE UNDER
THE AGREE-
MENT.—
(1) IN GENERAL.—If the administering author-
ity determines pursuant to title VII of the Tariff Act
of 1930 that a class or kind of merchandise is bene-
fiting from a subsidy described in Article 6.1 of the
Subsidies Agreement, the administering authority
shall notify the Trade Representative, and shall pro-
vide the Trade Representative with the information
upon which the administering authority based its de-
termination.
(2) REQUEST BY INTERESTED PARTY REGARD-
ING ADVERSE EFFECTS.—An interested party may
request the administering authority to determine if
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there is reason to believe that a subsidy which is ac-
tionable under the Subsidies Agreement is causing
adverse effects. The request shall contain such infor-
mation as the administering authority may require
to support the allegations contained in the request.
At the request of the administering authority, the
Commission shall assist the administering authority
in analyzing the information pertaining to the exist-
ence of such adverse effects. If the administering au-
thority, after analyzing the request and other infor-
mation reasonably available to the administering au-
thority, determines that there is reason to believe
that a subsidy which is actionable under the Sub-
sidies Agreement is causing adverse effects, the ad-
ministering authority shall so notify the Trade Rep-
resentative, and shall include supporting information
with the notification.
(d) INITIATION OF SECTION 301 INVESTIGATION.—
On the basis of the notification and information provided
by the administering authority pursuant to subsection (b)
or (c), such other information as the Trade Representative
may have or obtain, and where applicable, after consulta-
tion with an interested party referred to in subsection
(b)(2) or (c)(2), the Trade Representative shall, unless
such interested party objects, determine as expeditiously
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as possible, in accordance with the procedures in section
302(b)(1) of the Trade Act of 1974 (19 U.S.C.
2412(b)(1)), whether to initiate an investigation pursuant
to title III of that Act (19 U.S.C. 2411 et seq.). At the
request of the Trade Representative, the administering au-
thority and the Commission shall assist the Trade Rep-
resentative in an investigation initiated pursuant to this
subsection.
(e) NONACTIONABLE SUBSIDIES.—
(1) COMPLIANCE WITH ARTICLE 8 OF THE SUB-
SIDIES AGREEMENT.—
(A) MONITORING.—In order to monitor
whether a subsidy meets the conditions and cri-
teria described in Article 8.2 of the Subsidies
Agreement and is nonactionable, the Trade
Representative shall provide the administering
authority on a timely basis with any informa-
tion submitted or report made pursuant to Arti-
cle 8.3 or 8.4 of the Subsidies Agreement re-
garding a notified subsidy program. The admin-
istering authority shall review such information
and reports, and where appropriate, shall rec-
ommend to the Trade Representative that the
Trade Representative seek pursuant to Article
8.3 or 8.4 of the Subsidies Agreement addi-
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tional information regarding the notified sub-
sidy program or a subsidy granted pursuant to
the notified subsidy program. If the administer-
ing authority has reason to believe that a viola-
tion of Article 8 of the Subsidies Agreement ex-
ists, the administering authority shall so notify
the Trade Representative, and shall include
supporting information with the notification.
(B) REQUEST BY INTERESTED PARTY RE-
GARDING VIOLATION OF ARTICLE 8.—An inter-
ested party may request the administering au-
thority to determine if there is reason to believe
that a violation of Article 8 of the Subsidies
Agreement exists. The request shall contain
such information as the administering authority
may require to support the allegations con-
tained in the request. If the administering au-
thority, after analyzing the request and other
information reasonably available to the admin-
istering authority, determines that additional
information is needed, the administering au-
thority shall recommend to the Trade Rep-
resentative that the Trade Representative seek,
pursuant to Article 8.3 or 8.4 of the Subsidies
Agreement, additional information regarding
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the particular notified subsidy program or a
subsidy granted pursuant to the notified sub-
sidy program. If the administering authority de-
termines that there is reason to believe that a
violation of Article 8 of the Subsidies Agree-
ment exists, the administering authority shall
so notify the Trade Representative, and shall
include supporting information with the notifi-
cation.
(C) ACTION
BY
TRADE
REPRESENTA-
TIVE.—
(i) If the Trade Representative, on the
basis of the notification and information
provided by the administering authority
pursuant to subparagraph (A) or (B), and
such other information as the Trade Rep-
resentative may have or obtain, and after
consulting with the interested party re-
ferred to in subparagraph (B) and appro-
priate domestic industries, determines that
there is reason to believe that a violation
of Article 8 of the Subsidies Agreement ex-
ists, the Trade Representative shall invoke
the procedures of Article 8.4 or 8.5 of the
Subsidies Agreement.
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(ii) For purposes of clause (i), the
Trade Representative shall determine that
there is reason to believe that a violation
of Article 8 exists in any case in which the
Trade Representative determines that a
notified subsidy program or a subsidy
granted pursuant to a notified subsidy pro-
gram does not satisfy the conditions and
criteria required for a nonactionable sub-
sidy program under this Act, the Subsidies
Agreement, and the statement of adminis-
trative action approved under section
101(a).
(D) NOTIFICATION OF ADMINISTERING AU-
THORITY.—The Trade Representative shall no-
tify the administering authority whenever a vio-
lation of Article 8 of the Subsidies Agreement
has been found to exist pursuant to Article 8.4
or 8.5 of that Agreement.
(2) SERIOUS ADVERSE EFFECTS.—
(A) REQUEST BY INTERESTED PARTY.—
An interested party may request the admin-
istering authority to determine if there is rea-
son to believe that serious adverse effects re-
sulting from a program referred to in Article
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8.2 of the Subsidies Agreement exist. The re-
quest shall contain such information as the ad-
ministering authority may require to support
the allegations contained in the request.
(B) ACTION BY ADMINISTERING AUTHOR-
ITY.—Within 90 days after receipt of the re-
quest described in subparagraph (A), the ad-
ministering authority, after analyzing the re-
quest and other information reasonably avail-
able to the administering authority, shall deter-
mine if there is reason to believe that serious
adverse effects resulting from a program re-
ferred to in Article 8.2 of the Subsidies Agree-
ment exist. If the determination of the admin-
istering authority is affirmative, it shall so no-
tify the Trade Representative and shall include
supporting information with the notification.
The Commission shall assist the administering
authority in analyzing the information pertain-
ing to the existence of such serious adverse ef-
fects if the administering authority requests the
Commission’s assistance. If the subsidy pro-
gram that is alleged to result in serious adverse
effects has been the subject of a countervailing
duty investigation or review under subtitle A or
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C of title VII of the Tariff Act of 1930, the ad-
ministering authority shall take into account
the determinations made by the administering
authority and the Commission in such inves-
tigation or review and the administering au-
thority shall complete its analysis as expedi-
tiously as possible.
(C) ACTION
BY
TRADE
REPRESENTA-
TIVE.—The Trade Representative, on the basis
of the notification and information provided by
the administering authority pursuant to sub-
paragraph (B), and such other information as
the Trade Representative may have or obtain,
shall determine as expeditiously as possible, but
not later than 30 days after receipt of the noti-
fication provided by the administering author-
ity, if there is reason to believe that serious ad-
verse effects exist resulting from the subsidy
program which is the subject of the administer-
ing authority’s notification. The Trade Rep-
resentative shall make an affirmative deter-
mination regarding the existence of such serious
adverse effects unless the Trade Representative
finds that the notification of the administering
authority is not supported by the facts.
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(D) CONSULTATIONS.—If the Trade Rep-
resentative determines that there is reason to
believe that serious adverse effects resulting
from the subsidy program exist, the Trade Rep-
resentative, unless the interested party referred
to in subparagraph (A) objects, shall invoke the
procedures of Article 9 of the Subsidies Agree-
ment, and shall request consultations pursuant
to Article 9.2 of the Subsidies Agreement with
respect to such serious adverse effects. If such
consultations have not resulted in a mutually
acceptable solution within 60 days after the re-
quest is made for such consultations, the Trade
Representative shall refer the matter to the
Subsidies Committee pursuant to Article 9.3 of
the Subsidies Agreement.
(E) DETERMINATION BY SUBSIDIES COM-
MITTEE.—If the Trade Representative deter-
mines that—
(i) the Subsidies Committee has been
prevented from making an affirmative de-
termination regarding the existence of seri-
ous adverse effects under Article 9 of the
Subsidies Agreement by reason of the re-
fusal of the WTO member country with re-
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spect to which the consultations have been
invoked to join in an affirmative consen-
sus—
(I) that such serious adverse ef-
fects exist, or
(II) regarding a recommendation
to such WTO member country to
modify the subsidy program in such a
way as to remove the serious adverse
effects, or
(ii) the Subsidies Committee has not
presented its conclusions regarding the ex-
istence of such serious adverse effects
within 120 days after the date the matter
was referred to it, as required by Article
9.4 of the Subsidies Agreement,
the Trade Representative shall, within 30 days
after such determination, make a determination
under section 304(a)(1) of the Trade Act of
1974 (19 U.S.C. 2414(a)(1)) regarding what
action to take under section 301(a)(1)(A) of
that Act.
(F) NONCOMPLIANCE
WITH
COMMITTEE
RECOMMENDATION.—In the event that the Sub-
sidies Committee makes a recommendation
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under Article 9.4 of the Subsidies Agreement
and the WTO member country with respect to
which such recommendation is made does not
comply with such recommendation within 6
months after the date of the recommendation,
the Trade Representative shall make a deter-
mination under section 304(a)(1) of the Trade
Act of 1974 (19 U.S.C. 2414(a)(1)) regarding
what action to take under section 301(a) of
that Act.
(f) NOTIFICATION, CONSULTATION, AND PUBLICA-
TION.—
(1) NOTIFICATION OF CONGRESS.—The Trade
Representative shall submit promptly to the Com-
mittee on Ways and Means of the House of Rep-
resentatives, the Committee on Finance of the Sen-
ate, and other appropriate committees of the Con-
gress any information submitted or report made pur-
suant to Article 8.3 or 8.4 of the Subsidies Agree-
ment regarding a notified subsidy program.
(2) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The administering authority shall publish
regularly in the Federal Register a summary notice
of any information submitted or report made pursu-
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ant to Article 8.3 or 8.4 of the Subsidies Agreement
regarding notified subsidy programs.
(3) CONSULTATIONS WITH CONGRESS AND PRI-
VATE SECTOR.—The Trade Representative and the
administering authority promptly shall consult with
the committees referred to in paragraph (1), and
with interested representatives of the private sector,
regarding all information submitted or reports made
pursuant to Article 8.3 or 8.4 of the Subsidies
Agreement regarding a notified subsidy program.
(4) ANNUAL
REPORT.—Not later than Feb-
ruary 1 of each year beginning in 1996, the Trade
Representative and the administering authority shall
issue a joint report to the Congress detailing—
(A) the subsidies practices of major trad-
ing partners of the United States, including
subsidies that are prohibited, are causing seri-
ous prejudice, or are nonactionable, under the
Subsidies Agreement, and
(B) the monitoring and enforcement activi-
ties of the Trade Representative and the admin-
istering authority during the preceding calendar
year which relate to subsidies practices.
(g) COOPERATION OF OTHER AGENCIES.—All agen-
cies, departments, and independent agencies of the Fed-
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eral Government shall cooperate fully with one another in
carrying out the provisions of this section, and, upon the
request of the administering authority, shall furnish to the
administering authority all records, papers, and informa-
tion in their possession which relate to the requirements
of this section.
(h) DEFINITIONS.—For purposes of this section:
(1) ADVERSE EFFECTS.—The term ‘‘adverse ef-
fects’’ has the meaning given that term in Articles
5(a) and 5(c) of the Subsidies Agreement.
(2) ADMINISTERING
AUTHORITY.—The term
‘‘administering authority’’ has the meaning given
that term in section 771(1) of the Tariff Act of
1930 (19 U.S.C. 1677(1)).
(3) COMMISSION.—The term ‘‘Commission’’
means the United States International Trade Com-
mission.
(4) INTERESTED PARTY.—The term ‘‘interested
party’’ means a party described in subparagraph
(C), (D), (E), (F), or (G) of section 771(9) of the
Tariff Act of 1930 (19 U.S.C. 1677(9) (A), (C),
(D), (E), (F), or (G)).
(5) 
NONACTIONABLE
SUBSIDY.—The 
term
‘‘nonactionable subsidy’’ means a subsidy described
in Article 8.1(b) of the Subsidies Agreement.
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(6) NOTIFIED SUBSIDY PROGRAM.—The term
‘‘notified subsidy program’’ means a subsidy pro-
gram which has been notified pursuant to Article 8.3
of the Subsidies Agreement.
(7) SERIOUS
ADVERSE
EFFECTS.—The term
‘‘serious adverse effects’’ has the meaning given that
term in Article 9.1 of the Subsidies Agreement.
(8) SUBSIDIES AGREEMENT.—The term ‘‘Sub-
sidies Agreement’’ means the Agreement on Sub-
sidies and Countervailing Measures described in sec-
tion 771(8) of the Tariff Act of 1930 (19 U.S.C.
1677(8)).
(9) SUBSIDIES COMMITTEE.—The term ‘‘Sub-
sidies Committee’’ means the committee established
pursuant to Article 24 of the Subsidies Agreement.
(10) SUBSIDY.—The term ‘‘subsidy’’ has the
meaning given that term in Article 1 of the Sub-
sidies Agreement.
(11) 
TRADE
REPRESENTATIVE.—The 
term
‘‘Trade Representative’’ means the United States
Trade Representative.
(12) VIOLATION
OF
ARTICLE
8.—The term
‘‘violation of Article 8’’ means the failure of a noti-
fied subsidy program or an individual subsidy grant-
ed pursuant to a notified subsidy program to meet
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the applicable conditions and criteria described in
Article 8.2 of the Subsidies Agreement.
(i) TREATMENT OF PROPRIETARY INFORMATION.—
Notwithstanding any other provision of law, the admin-
istering authority may provide the Trade Representative
with a copy of proprietary information submitted to, or
obtained by, the administering authority that the Trade
Representative considers relevant in carrying out its re-
sponsibilities under this part. The Trade Representative
shall protect from public disclosure proprietary informa-
tion obtained from the administering authority under this
part.
SEC. 282. REVIEW OF SUBSIDIES AGREEMENT.
(a) GENERAL OBJECTIVES.—The general objectives
of the United States under this part are—
(1) to ensure that parts II and III of the
Agreement on Subsidies and Countervailing Meas-
ures referred to in section 101(d)(12) (hereafter in
this section referred to as the ‘‘Subsidies Agree-
ment’’) are effective in disciplining the use of sub-
sidies and in remedying the adverse effects of sub-
sidies, and
(2) to ensure that part IV of the Subsidies
Agreement does not undermine the benefits derived
from any other part of that Agreement.
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(b) SPECIFIC OBJECTIVE.—The specific objective of
the United States under this part shall be to create a
mechanism which will provide for an ongoing review of the
operation of part IV of the Subsidies Agreement.
(c) SUNSET OF NONCOUNTERVAILABLE SUBSIDIES
PROVISIONS.—
(1) IN
GENERAL.—Subparagraphs (B), (C),
(D), and (E) of section 771(5B) of the Tariff Act
of 1930 shall cease to apply as provided in subpara-
graph (G)(i) of such section, unless, before the date
referred to in such subparagraph (G)(i)—
(A) the Subsidies Committee determines to
extend Articles 6.1, 8, and 9 of the Subsidies
Agreement as in effect on the date on which the
Subsidies Agreement enters into force or in a
modified form, in accordance with Article 31 of
such Agreement,
(B) the President consults with the Con-
gress in accordance with paragraph (2), and
(C) an implementing bill is submitted and
enacted into law in accordance with paragraphs
(3) and (4).
(2) CONSULTATION
WITH
CONGRESS
BEFORE
SUBSIDIES COMMITTEE AGREES TO EXTEND.—Be-
fore a determination is made by the Subsidies Com-
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mittee to extend Articles 6.1, 8, and 9 of the Sub-
sidies Agreement, the President shall consult with
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate regarding such extension.
(3) IMPLEMENTATION OF EXTENSION.—
(A) NOTIFICATION AND SUBMISSION.—Any
extension of subparagraphs (B), (C), (D), and
(E) of section 771(5B) of the Tariff Act of
1930 shall take effect if (and only if)—
(i) after the Subsidies Committee de-
termines to extend Articles 6.1, 8, and 9 of
the Subsidies Agreement, the President
submits to the committees referred to in
paragraph (2) a copy of the document de-
scribing the terms of such extension, to-
gether with—
(I) a draft of an implementing
bill,
(II) a statement of any adminis-
trative action proposed to implement
the extension, and
(III) the supporting information
described in subparagraph (C); and
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(ii) the implementing bill is enacted
into law.
(B) IMPLEMENTING
BILL.—The imple-
menting bill referred to in subparagraph (A)
shall contain only those provisions that are nec-
essary or appropriate to implement an extension
of the provisions of section 771(5B) (B), (C),
(D), and (E) of the Tariff Act of 1930 as in
effect on the day before the date of the enact-
ment of the implementing bill or as modified to
reflect the determination of the Subsidies Com-
mittee to extend Articles 6.1, 8, and 9 of the
Subsidies Agreement.
(C) SUPPORTING INFORMATION.—The sup-
porting information required under subpara-
graph (A)(i)(III) consists of—
(i) an explanation as to how the im-
plementing bill and proposed administra-
tive action will change or affect existing
law; and
(ii) a statement regarding—
(I) how the extension serves the
interests of United States commerce,
and
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(II) why the implementing bill
and proposed administrative action is
required or appropriate to carry out
the extension.
(4) APPLICATION
OF
CONGRESSIONAL ‘‘FAST
TRACK’’ PROCEDURES
TO
IMPLEMENTING
BILL.—
Section 151 of the Trade Act of 1974 (19 U.S.C.
2191) is amended—
(A) in subsection (b)(1)—
(i) by inserting ‘‘, or with respect to
an extension described in section 282(c)(3)
of the Uruguay Round Agreements Act,’’
after ‘‘trade agreements’’,
(ii) by striking ‘‘or section 1103(a)(1)
of the Omnibus Trade and Competitiveness
Act of 1988’’ and inserting ‘‘, section
1103(a)(1) of the Omnibus Trade and
Competitiveness Act of 1988, or section
282 of the Uruguay Round Agreements
Act’’, and
(iii) by inserting ‘‘or such extension’’
in subparagraphs (A) and (C) after
‘‘agreements’’ each place it appears, and
(B) in subsection (c)(1)—
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(i) by inserting ‘‘or section 282 of the
Uruguay Round Agreements Act’’ after
‘‘section 102’’, and
(ii) by inserting ‘‘or extension’’ after
‘‘agreement’’ each place it appears.
(5) REPORT
BY
THE
TRADE
REPRESENTA-
TIVE.—Not later than the date referred to in section
771(5B)(G)(i) of the Tariff Act of 1930, the Trade
Representative shall submit to the Congress a report
setting forth the provisions of law which were en-
acted to implement Articles 6.1, 8, and 9 of the Sub-
sidies Agreement and should be repealed or modified
if such provisions are not extended.
(d) REVIEW OF THE OPERATION OF THE SUBSIDIES
AGREEMENT.—The Secretary of Commerce, in consulta-
tion with other appropriate departments and agencies of
the Federal Government, shall undertake an ongoing re-
view of the operation of the Subsidies Agreement. The re-
view shall address—
(1) the effectiveness of part II of the Subsidies
Agreement in disciplining the use of subsidies which
are prohibited under Article 3 of the Agreement,
(2) the effectiveness of part III and, in particu-
lar, Article 6.1 of the Subsidies Agreement, in rem-
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edying the adverse effects of subsidies which are ac-
tionable under the Agreement, and
(3) the extent to which the provisions of part
IV of the Subsidies Agreement may have under-
mined the benefits derived from other parts of the
Agreement, and, in particular—
(A) the extent to which WTO member
countries have cooperated in reviewing and im-
proving the operation of part IV of the Sub-
sidies Agreement,
(B) the extent to which the provisions of
Articles 8.4 and 8.5 of the Subsidies Agreement
have been effective in identifying and remedying
violations of the conditions and criteria de-
scribed in Article 8.2 of the Agreement, and
(C) the extent to which the provisions of
Article 9 of the Subsidies Agreement have been
effective in remedying the serious adverse ef-
fects of subsidy programs described in Article
8.2 of the Agreement.
Not later than 4 years and 6 months after the date
of the enactment of this Act, the Secretary of Com-
merce shall submit to the Congress a report on the
review required under this subsection.
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SEC. 283. AMENDMENTS TO TITLE VII OF THE TARIFF ACT
OF 1930.
(a) PRELIMINARY DETERMINATION BY ADMINISTER-
ING AUTHORITY.—Section 703(b) of the Tariff Act of
1930 (19 U.S.C. 1671b(b)), as amended, is amended by
adding at the end the following new paragraph:
‘‘(5) NOTIFICATION
OF
ARTICLE
VIOLA-
TION.—If the only subsidy under investigation is a
subsidy with respect to which the administering au-
thority received notice from the Trade Representa-
tive of a violation of Article 8 of the Subsidies
Agreement, paragraph (1) shall be applied by sub-
stituting ‘60 days’ for ‘65 days’.’’.
(b) SUBSIDY PRACTICE DISCOVERED DURING A PRO-
CEEDING.—Section 775 of the Tariff Act of 1930 (19
U.S.C. 1677d) is amended to read as follows:
‘‘SEC. 775. COUNTERVAILABLE SUBSIDY PRACTICES DIS-
COVERED DURING A PROCEEDING.
‘‘If, in the course of a proceeding under this title,
the administering authority discovers a practice which ap-
pears to be a countervailable subsidy, but was not included
in the matters alleged in a countervailing duty petition,
or if the administering authority receives notice from the
Trade Representative that a subsidy or subsidy program
is in violation of Article 8 of the Subsidies Agreement,
then the administering authority—
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‘‘(1) shall include the practice, subsidy, or sub-
sidy program in the proceeding if the practice, sub-
sidy, or subsidy program appears to be a
countervailable subsidy with respect to the merchan-
dise which is the subject of the proceeding, or
‘‘(2) shall transfer the information (other than
confidential information) concerning the practice,
subsidy, or subsidy program to the library main-
tained under section 777(a)(1), if the practice, sub-
sidy, or subsidy program appears to be a
countervailable subsidy with respect to any other
merchandise.’’.
(c) ADMINISTRATIVE REVIEWS.—Section 751 of the
Tariff Act of 1930 (19 U.S.C. 1675), as amended, is
amended by redesignating subsection (g) as subsection (h)
and by inserting after subsection (f) the following new
subsection:
‘‘(g) REVIEWS TO IMPLEMENT RESULTS OF SUB-
SIDIES ENFORCEMENT PROCEEDING.—
‘‘(1) VIOLATIONS OF ARTICLE 8 OF THE SUB-
SIDIES AGREEMENT.—If—
‘‘(A) the administering authority receives
notice from the Trade Representative of a viola-
tion of Article 8 of the Subsidies Agreement,
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‘‘(B) the administering authority has rea-
son to believe that merchandise subject to an
existing countervailing duty order or suspended
investigation is benefiting from the subsidy or
subsidy program found to have been in violation
of Article 8 of the Subsidies Agreement, and
‘‘(C) no review pursuant to subsection
(a)(1) is in progress,
the administering authority shall conduct a review of
the order or suspended investigation to determine
whether the subject merchandise benefits from the
subsidy or subsidy program found to have been in
violation of Article 8 of the Subsidies Agreement. If
the administering authority determines that the sub-
ject merchandise is benefiting from the subsidy or
subsidy program, it shall make appropriate adjust-
ments in the estimated duty to be deposited or ap-
propriate revisions to the terms of the suspension
agreement.
‘‘(2) WITHDRAWAL OF SUBSIDY OR IMPOSITION
OF COUNTERMEASURES.—If the Trade Representa-
tive notifies the administering authority that, pursu-
ant to Article 4 or Article 7 of the Subsidies Agree-
ment—
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‘‘(A)(i) the United States has imposed
countermeasures, and
‘‘(ii) such countermeasures are based on
the effects in the United States of imports of
merchandise that is the subject of a countervail-
ing duty order, or
‘‘(B) a WTO member country has with-
drawn a countervailable subsidy provided with
respect to merchandise subject to a countervail-
ing duty order,
the administering authority shall conduct a review to
determine if the amount of the estimated duty to be
deposited should be adjusted or the order should be
revoked.
‘‘(3) EXPEDITED REVIEW.—The administering
authority shall conduct reviews under this subsection
on an expedited basis, and shall publish the results
of such reviews in the Federal Register.’’.
Subtitle C—Effective Date
SEC. 291. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section 261,
the amendments made by this title shall take effect on
the date described in subsection (b) and apply with respect
to—
(1) investigations initiated—
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(A) on the basis of petitions filed under
section 702(b), 732(b), or 783(b) of the Tariff
Act of 1930 after the date described in sub-
section (b), or
(B) by the administering authority under
section 702(a) or 732(a) of such Act after such
date,
(2) reviews initiated under section 751 of such
Act—
(A) by the administering authority or the
Commission on their own initiative after such
date, or
(B) pursuant to a request filed after such
date,
(3) investigations initiated under section 753 of
such Act after such date,
(4) petitions filed under section 780 of such Act
after such date, and
(5) inquiries initiated under section 781 of such
Act—
(A) by the administering authority on its
own initiative after such date, or
(B) pursuant to a request filed after such
date.
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(b) DATE DESCRIBED.—The date described in this
subsection is the date on which the WTO Agreement (as
defined in section 2(9)) enters into force with respect to
the United States.
TITLE III—ADDITIONAL IMPLE-
MENTATION OF AGREEMENTS
Subtitle A—Safeguards
SEC. 301. INVESTIGATIONS, DETERMINATIONS, AND REC-
OMMENDATIONS BY INTERNATIONAL TRADE
COMMISSION.
(a) TREATMENT OF CONFIDENTIAL INFORMATION.—
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C.
2252(a)(8)) is amended by adding at the end the follow-
ing: ‘‘The Commission may request that parties providing
confidential business information furnish nonconfidential
summaries thereof or, if such parties indicate that the in-
formation in the submission cannot be summarized, the
reasons why a summary cannot be provided. If the Com-
mission finds that a request for confidentiality is not war-
ranted and if the party concerned is either unwilling to
make the information public or to authorize its disclosure
in generalized or summarized form, the Commission may
disregard the submission.’’.
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(b) ADMINISTRATIVE PROTECTIVE ORDERS.—Sec-
tion 202 of the Trade Act of 1974 (19 U.S.C. 2252) is
amended by adding at the end the following:
‘‘(i) LIMITED DISCLOSURE OF CONFIDENTIAL BUSI-
NESS INFORMATION UNDER PROTECTIVE ORDER.—The
Commission shall promulgate regulations to provide access
to confidential business information under protective order
to authorized representatives of interested parties who are
parties to an investigation under this section.’’.
(c) NOTICE OF PROCEEDINGS.—Section 202(b) of
the Trade Act of 1974 (19 U.S.C. 2252(b)) is amended
by striking paragraphs (3) and (4) and inserting the fol-
lowing:
‘‘(3) The Commission shall publish notice of the
commencement of any proceeding under this sub-
section in the Federal Register and shall, within a
reasonable time thereafter, hold public hearings at
which the Commission shall afford interested parties
and consumers an opportunity to be present, to
present evidence, to comment on the adjustment
plan, if any, submitted under subsection (a), to re-
spond to the presentations of other parties and con-
sumers, and otherwise to be heard.’’.
(d) CRITICAL CIRCUMSTANCES.—
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(1) IN
GENERAL.—Section 202(d)(2) of the
Trade Act of 1974 (19 U.S.C. 2252(d)(2)) is
amended to read as follows:
‘‘(2)(A) When a petition filed under subsection
(a) alleges that critical circumstances exist and re-
quests that provisional relief be provided under this
subsection with respect to imports of the article
identified in the petition, the Commission shall, not
later than 60 days after the petition containing the
request was filed, determine, on the basis of avail-
able information, whether—
‘‘(i) there is clear evidence that increased
imports (either actual or relative to domestic
production) of the article are a substantial
cause of serious injury, or the threat thereof, to
the domestic industry producing an article like
or directly competitive with the imported arti-
cle; and
‘‘(ii) delay in taking action under this
chapter would cause damage to that industry
that would be difficult to repair.
‘‘(B) If the determinations under subparagraph
(A)(i) and (ii) are affirmative, the Commission shall
find the amount or extent of provisional relief that
is necessary to prevent or remedy the serious injury.
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In carrying out this subparagraph, the Commission
shall give preference to increasing or imposing a
duty on imports, if such form of relief is feasible and
would prevent or remedy the serious injury.
‘‘(C) The Commission shall immediately report
to the President its determinations under subpara-
graph (A)(i) and (ii) and, if the determinations are
affirmative, the finding under subparagraph (B).
‘‘(D) Within 30 days after receiving a report
from the Commission under subparagraph (C) con-
taining an affirmative determination under subpara-
graph (A)(i) and (ii), the President, if he considers
provisional relief to be warranted and after taking
into account the finding of the Commission under
subparagraph (B), shall proclaim, for a period not to
exceed 200 days, such provisional relief that the
President considers necessary to prevent or remedy
the serious injury. Such relief shall take the form of
an increase in, or the imposition of, a duty on im-
ports, if such form of relief is feasible and would
prevent or remedy the serious injury.’’.
(2) TIME LIMITS FOR DETERMINATIONS.—Sec-
tion 202 of the Trade Act of 1974 (19 U.S.C. 2252)
is amended—
(A) in subsection (b)(2)—
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(i) in subparagraph (A) by inserting
‘‘(180 days if the petition alleges that criti-
cal circumstances exist)’’ after ‘‘120 days’’;
and
(ii) in subparagraph (B) by inserting
‘‘(210 days if the petition alleges that criti-
cal circumstances exist)’’ after ‘‘150 days’’;
and
(B) in subsection (f)(1) by inserting ‘‘(240
days if the petition alleges that critical cir-
cumstances exist)’’ after ‘‘180 days’’.
(3) ACTION
BY
THE
PRESIDENT.—Section
203(a)(4) of the Trade Act of 1974 (19 U.S.C.
2253(a)(4)) is amended—
(A) by striking ‘‘The’’ and inserting ‘‘(A)
Subject to subparagraph (B), the’’;
(B) by inserting after ‘‘60 days’’ the fol-
lowing: ‘‘(50 days if the President has pro-
claimed 
provisional 
relief 
under 
section
202(d)(2)(D) with respect to the article con-
cerned)’’; and
(C) by striking ‘‘; except that’’ and all that
follows through ‘‘received.’’ and inserting a pe-
riod and the following:
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‘‘(B) If a supplemental report is requested
under paragraph (5), the President shall take action
under paragraph (1) within 30 days after the sup-
plemental report is received, except that, in a case
in which the President has proclaimed provisional
relief under section 202(d)(2)(D) with respect to the
article concerned, action by the President under
paragraph (1) may not be taken later than the
200th day after the provisional relief was pro-
claimed.’’.
(4) 
CONFORMING
AMENDMENTS.—Section
202(d) of the Trade Act of 1974 (19 U.S.C.
2252(d)) is amended—
(A) in paragraph (3)—
(i) by striking ‘‘(2)(B)’’ and inserting
‘‘(2)(D)’’; and
(ii) by striking ‘‘subsection (b)(1)’’
and inserting ‘‘paragraph (2)(A)’’; and
(B) in paragraph (4)(A)(i) by inserting ‘‘or
(2)(D)’’ after ‘‘(1)(G)’’.
(e) FACTORS IN MAKING DETERMINATIONS.—Sec-
tion 202(c) of the Trade Act of 1974 (19 U.S.C. 2252(c))
is amended—
(1) in paragraph (1)(B)(i) by inserting ‘‘pro-
ductivity,’’ after ‘‘wages,’’; and
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(2) in paragraph (6)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A)(i) The term ‘domestic industry’
means, with respect to an article, the producers
as a whole of the like or directly competitive ar-
ticle or those producers whose collective produc-
tion of the like or directly competitive article
constitutes a major proportion of the total do-
mestic production of such article.
‘‘(ii) The term ‘domestic industry’ includes
producers located in the United States insular
possessions.’’; and
(B) by adding at the end the following:
‘‘(C) The term ‘serious injury’ means a
significant overall impairment in the position of
a domestic industry.
‘‘(D) The term ‘threat of serious injury’
means serious injury that is clearly imminent.
(f) 
LIMITATIONS
ON
INVESTIGATIONS.—Section
202(h) of the Trade Act of 1974 (19 U.S.C. 2252(h)) is
amended by adding at the end the following:
‘‘(3)(A) Not later than the date on which the
Textiles Agreement enters into force with respect to
the United States, the Secretary of Commerce shall
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publish in the Federal Register a list of all articles
that are subject to the Textiles Agreement. An in-
vestigation may be conducted under this section con-
cerning imports of any article that is subject to the
Textiles Agreement only if the United States has in-
tegrated that article into GATT 1994 pursuant to
the Textiles Agreement, as set forth in notices pub-
lished in the Federal Register by the Secretary of
Commerce, including the notice published under sec-
tion 331 of the Uruguay Round Agreements Act.
‘‘(B) For purposes of this paragraph:
‘‘(i) The term ‘Textiles Agreement’ means
the Agreement on Textiles and Clothing re-
ferred to in section 101(d)(4) of the Uruguay
Round Agreements Act.
‘‘(ii) The term ‘GATT 1994’ has the
meaning given that term in section 2(1)(B) of
the Uruguay Round Agreements Act.’’.
SEC. 302. ACTION BY PRESIDENT AFTER DETERMINATION
OF IMPORT INJURY.
(a) AUTHORITY TO ENTER INTO INTERNATIONAL
AGREEMENTS.—Section 203 of the Trade Act of 1974 (19
U.S.C. 2253) is amended—
(1) in subsection (a)(3)(E) by striking ‘‘orderly
marketing’’;
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(2) in subsection (d)(1) by striking ‘‘orderly
marketing agreements’’ and inserting ‘‘agreements
described in subsection (a)(3)(E)’’;
(3) in subsection (f)—
(A) in the subsection heading by striking
‘‘ORDERLY MARKETING AND OTHER’’ and in-
serting ‘‘CERTAIN’’;
(B) in paragraph (1)—
(i) by striking ‘‘orderly marketing
agreements’’ the first place it appears and
inserting ‘‘agreements of the type de-
scribed in subsection (a)(3)(E)’’; and
(ii) by striking ‘‘orderly marketing
agreements with foreign countries’’ and in-
serting ‘‘agreements of the type described
in subsection (a)(3)(E)’’; and
(C) in paragraph (2) by striking ‘‘orderly
marketing agreement implemented under sub-
section (a)’’ and inserting ‘‘agreement imple-
mented under subsection (a)(3)(E)’’; and
(4) in subsection (g)(2)—
(A) in the first sentence by striking ‘‘or-
derly marketing or other’’; and
(B) in the second sentence—
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(i) by striking ‘‘orderly marketing
agreement’’ and inserting ‘‘agreement of
the type described in subsection (a)(3)(E)
that is’’; and
(ii) by striking ‘‘agreements’’ and in-
serting ‘‘agreement’’.
(b) LIMITATIONS ON ACTIONS.—
(1) DURATION OF ACTIONS.—Section 203(e)(1)
of the Trade Act of 1974 (19 U.S.C. 2253(e)(1)) is
amended to read as follows:
‘‘(1)(A) Subject to subparagraph (B), the dura-
tion of the period in which an action taken under
this section may be in effect shall not exceed 4
years. Such period shall include the period, if any,
in which provisional relief under section 202(d) was
in effect.
‘‘(B)(i) Subject to clause (ii), the President,
after receiving an affirmative determination from the
Commission under section 204(c) (or, if the Com-
mission is equally divided in its determination, a de-
termination which the President considers to be an
affirmative determination of the Commission), may
extend the effective period of any action under this
section if the President determines that—
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‘‘(I) the action continues to be necessary to
prevent or remedy the serious injury; and
‘‘(II) there is evidence that the domestic
industry is making a positive adjustment to im-
port competition.
‘‘(ii) The effective period of any action under
this section, including any extensions thereof, may
not, in the aggregate, exceed 8 years.’’.
(2) LIMITATION
ON
QUANTITATIVE
RESTRIC-
TIONS.—Section 203(e)(4) of the Trade Act of 1974
(19 U.S.C. 2253(e)(4)) is amended to read as fol-
lows:
‘‘(4) Any action taken under this section pro-
claiming a quantitative restriction shall permit the
importation of a quantity or value of the article
which is not less than the average quantity or value
of such article entered into the United States in the
most recent 3 years that are representative of im-
ports of such article and for which data are avail-
able, unless the President finds that the importation
of a different quantity or value is clearly justified in
order to prevent or remedy the serious injury.’’.
(3) 
PHASING-DOWN
OF
ACTIONS.—Section
203(e)(5) of the Trade Act of 1974 (19 U.S.C.
2253(e)(5)) is amended to read as follows:
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‘‘(5) 
An 
action 
described 
in 
subsection
(a)(3)(A), (B), or (C) that has an effective period of
more than 1 year shall be phased down at regular
intervals during the period in which the action is in
effect.’’.
(4) LIMITATIONS ON NEW ACTIONS AND INVES-
TIGATIONS OF SAME ARTICLE.—(A) Section 203(e)
of the Trade Act of 1974 (19 U.S.C. 2253(e)) is
amended by adding at the end the following:
‘‘(7)(A) If an article was the subject of an ac-
tion under subparagraph (A), (B), (C), or (E) of
subsection (a)(3), no new action may be taken under
any of those subparagraphs with respect to such ar-
ticle for—
‘‘(i) a period beginning on the date on
which the previous action terminates that is
equal to the period in which the previous action
was in effect, or
‘‘(ii) a period of 2 years beginning on the
date on which the previous action terminates,
whichever is greater.
‘‘(B) Notwithstanding subparagraph (A), if the
previous action under subparagraph (A), (B), (C), or
(E) of subsection (a)(3) with respect to an article
was in effect for a period of 180 days or less, the
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President may take a new action under any of those
subparagraphs with respect to such article if—
‘‘(i) at least 1 year has elapsed since the
previous action went into effect; and
‘‘(ii) an action described in any of those
subparagraphs has not been taken with respect
to such article more than twice in the 5-year
period immediately preceding the date on which
the new action with respect to such article first
becomes effective.’’.
(B) Section 202(h)(2) of the Trade Act of 1974
(19 U.S.C. 2252(h)(2)) is amended to read as fol-
lows:
‘‘(2) No new investigation shall be conducted
with respect to an article that is or has been the
subject of an action under section 203(a)(3)(A), (B),
(C), or (E) if the last day on which the President
could take action under section 203 in the new in-
vestigation is a date earlier than that permitted
under section 203(e)(7).’’.
(c) REPORTS ON MONITORING.—Section 204(a) of
the Trade Act of 1974 (19 U.S.C. 2354(a)) is amended—
(1) by amending paragraph (2) to read as fol-
lows:
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‘‘(2) If the initial period during which the ac-
tion taken under section 203 is in effect exceeds 3
years, or if an extension of such action exceeds 3
years, the Commission shall submit a report on the
results of the monitoring under paragraph (1) to the
President and to the Congress not later than the
date that is the mid-point of the initial period, and
of each such extension, during which the action is in
effect.’’; and
(2) in paragraph (4) by striking ‘‘extension,’’.
(d) INVESTIGATION OF EXTENSION OF ACTION.—
Section 204 of the Trade Act of 1974 (19 U.S.C. 2254)
is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) EXTENSION OF ACTION.—
‘‘(1) Upon request of the President, or upon pe-
tition on behalf of the industry concerned filed with
the Commission not earlier than the date which is
9 months, and not later than the date which is 6
months, before the date any action taken under sec-
tion 203 is to terminate, the Commission shall inves-
tigate to determine whether action under section 203
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continues to be necessary to prevent or remedy seri-
ous injury and whether there is evidence that the in-
dustry is making a positive adjustment to import
competition.
‘‘(2) The Commission shall publish notice of the
commencement of any proceeding under this sub-
section in the Federal Register and shall, within a
reasonable time thereafter, hold a public hearing at
which the Commission shall afford interested parties
and consumers an opportunity to be present, to
present evidence, and to respond to the presen-
tations of other parties and consumers, and other-
wise to be heard.
‘‘(3) The Commission shall transmit to the
President a report on its investigation and deter-
mination under this subsection not later than 60
days before the action under section 203 is to termi-
nate, unless the President specifies a different
date.’’.
SEC. 303. MISCELLANEOUS AMENDMENTS.
Title II of the Trade Act of 1974 is amended as fol-
lows:
(1) 
Section 
202(a)(2)(B)(ii) 
(19 
U.S.C.
2252(a)(2)(B)(ii)) is amended by striking ‘‘, or at
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any time before the 150th day after the date of fil-
ing be amended to request,’’.
(2) 
Section 
202(b)(1)(A) 
(19 
U.S.C.
2252(b)(1)(A)) is amended by striking ‘‘(b)’’ and
inserting ‘‘(a)’’.
(3) Section 202(d)(1) (19 U.S.C. 2252(d)(1)) is
amended—
(A) in subparagraph (C)(i) by striking
‘‘paragraph (2)’’ and inserting ‘‘subparagraph
(B)’’; and
(B) by striking ‘‘or threat thereof’’ each
place it appears in subparagraphs (E) and (G).
(4) 
Section 
202(d)(4)(A)(i) 
(19 
U.S.C.
2252(d)(4)(A)(i)) is amended by striking ‘‘203(a)’’
and inserting ‘‘202(b)’’.
(5) Section 202(c)(6) (19 U.S.C. 2252(c)(6)) is
amended by striking ‘‘subsection’’ and inserting
‘‘section’’.
(6) 
Section 
202(f)(2)(G)(ii) 
(19 
U.S.C.
2252(f)(2)(G)(ii)) is amended by striking ‘‘is’’ and
inserting ‘‘are’’.
(7) 
Section 
203(a)(2)(C) 
(19 
U.S.C.
2253(a)(2)(C)) is amended by striking ‘‘201(b)’’
and inserting ‘‘202(a)’’.
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(8) Section 203(c) (19 U.S.C. 2253(c)) is
amended 
by 
striking 
‘‘(c)(2)’’ 
and 
inserting
‘‘(d)(2)’’.
(9) Section 203(e)(2) (19 U.S.C. 2253(e)(2)) is
amended—
(A) by striking ‘‘may be taken under sub-
section (a)(1)(A), (B), or (C) or under section
202(d)(2)(B)’’ and inserting ‘‘of a type de-
scribed in subsection (a)(3)(A), (B), or (C) may
be taken under subsection (a)(1), under section
202(d)(1)(G), or under section 202(d)(2)(D)’’;
and
(B) by striking ‘‘or threat thereof’’.
(10) 
Section 
203(e)(6)(B) 
(19 
U.S.C.
2253(e)(6)(B)) is amended—
(A) by striking ‘‘203(c)’’ and inserting
‘‘202(e)’’; and
(B) by striking ‘‘203(a)’’ and inserting
‘‘202(b)’’.
SEC. 304. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
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(b) SECTION 301(b).—The amendment made by sec-
tion 301(b) takes effect on the date of the enactment of
this Act.
Subtitle B—Foreign Trade Barriers
and Unfair Trade Practices
SEC. 311. IDENTIFICATION OF FOREIGN ANTICOMPETITIVE
PRACTICES.
(a) REPORT TO CONGRESS.—
(1) CONTENTS OF REPORT.—Section 181(b)(2)
of the Trade Act of 1974 (19 U.S.C. 2241(b)(2)) is
amended—
(A) in subparagraph (A) by striking ‘‘or’’
after the comma;
(B) in subparagraph (B) by striking the
period and inserting ‘‘, or’’; and
(C) by adding after subparagraph (B) the
following:
‘‘(C) a section on foreign anticompetitive
practices, the toleration of which by foreign
governments is adversely affecting exports of
United States goods or services.’’.
(2) ASSISTANCE OF OTHER AGENCIES.—Section
181(c) of the Trade Act of 1974 (19 U.S.C.
2241(c)) is amended by adding at the end of para-
graph (1) the following: ‘‘In preparing the section of
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the report required by subsection (b)(2)(C), the
Trade Representative shall consult in particular with
the Attorney General.’’.
SEC. 312. CONSULTATION WITH COMMITTEES.
Section 181(b)(3) of the Trade Act of 1974 (19
U.S.C. 2241(b)(3)) is amended by adding at the end the
following: ‘‘After the submission of the report required by
paragraph (1), the Trade Representative shall also consult
periodically with, and take into account the views of, the
committees described in that paragraph regarding means
to address the foreign trade barriers identified in the re-
port, including the possible initiation of investigations
under section 302 or other trade actions.’’.
SEC. 313. IDENTIFICATION OF COUNTRIES THAT DENY PRO-
TECTION 
OF 
INTELLECTUAL 
PROPERTY
RIGHTS.
Section 182 of the Trade Act of 1974 (19 U.S.C.
2242) is amended—
(1) in subsection (b) by adding at the end the
following:
‘‘(4) In identifying foreign countries under
paragraphs (1) and (2) of subsection (a), the Trade
Representative shall take into account—
‘‘(A) the history of intellectual property
laws and practices of the foreign country, in-
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cluding any previous identification under sub-
section (a)(2), and
‘‘(B) the history of efforts of the United
States, and the response of the foreign country,
to achieve adequate and effective protection and
enforcement of intellectual property rights.’’;
and
(2) in subsection (d)—
(A) in paragraph (3) by amending the
matter preceding subparagraph (A) to read as
follows:
‘‘(3) A foreign country denies fair and equitable
market access if the foreign country effectively de-
nies access to a market for a product protected by
a copyright or related right, patent, trademark,
mask work, trade secret, or plant breeder’s right,
through the use of laws, procedures, practices, or
regulations which—’’; and
(B) by adding at the end the following:
‘‘(4) A foreign country may be determined to
deny adequate and effective protection of intellectual
property rights, notwithstanding the fact that the
foreign country may be in compliance with the spe-
cific obligations of the Agreement on Trade-Related
Aspects of Intellectual Property Rights referred to in
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section 101(d)(15) of the Uruguay Round Agree-
ments Act.’’; and
(3) by adding at the end the following:
‘‘(g) ANNUAL REPORT.—The Trade Representative
shall, by not later than the date by which countries are
identified under subsection (a), transmit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate, a report on ac-
tions taken under this section during the 12 months pre-
ceding such report, and the reasons for such actions, in-
cluding a description of progress made in achieving im-
proved intellectual property protection and market access
for persons relying on intellectual property rights.’’.
SEC. 314. AMENDMENTS TO TITLE III OF THE TRADE ACT
OF 1974.
(a) SCOPE OF AUTHORITY.—
(1) IN
GENERAL.—Subsections (a)(1) and
(b)(2) of section 301 of the Trade Act of 1974 (19
U.S.C. 2411(a)(1) and (b)(2)) are each amended by
adding the following sentence at the end:
‘‘Actions may be taken that are within the power of the
President with respect to trade in any goods or services,
or with respect to any other area of pertinent relations
with the foreign country.’’.
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(2) IMPORT RESTRICTIONS.—Section 301(c)(5)
of the Trade Act of 1974 (19 U.S.C. 2411(c)(5)) is
amended by striking the matter preceding subpara-
graph (B) and inserting the following:
‘‘(5) If the Trade Representative determines
that actions to be taken under subsection (a) or (b)
are to be in the form of import restrictions, the
Trade Representative shall—
‘‘(A) give preference to the imposition of
duties over the imposition of other import re-
strictions, and’’.
(b) RELATIONSHIP WITH OTHER AUTHORITIES.—
Section 301(c) of the Trade Act of 1974 (19 U.S.C.
2411(c)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘or’’
after the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B)
the following:
‘‘(C) in a case in which the act, policy, or
practice also fails to meet the eligibility criteria
for receiving duty-free treatment under sub-
sections (b) and (c) of section 502 of this Act,
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subsections (b) and (c) of section 212 of the
Caribbean Basin Economic Recovery Act (19
U.S.C. 2702(b) and (c)), or subsections (c) and
(d) of section 203 of the Andean Trade Pref-
erence Act (19 U.S.C. 3202(c) and (d)), with-
draw, limit, or suspend such treatment under
such provisions, notwithstanding the provisions
of subsection (a)(3) of this section; or’’.
(c) DEFINITION OF AN UNREASONABLE ACT, POL-
ICY, OR PRACTICE.—Section 301(d)(3) of the Trade Act
of 1974 (19 U.S.C. 2411(d)(3)) is amended—
(1) 
in 
subparagraph 
(B)(i) 
by 
striking
subclauses (II) and (III) and inserting the following:
‘‘(II) provision of adequate and effec-
tive protection of intellectual property
rights notwithstanding the fact that the
foreign country may be in compliance with
the specific obligations of the Agreement
on Trade-Related Aspects of Intellectual
Property Rights referred to in section
101(d)(15) of the Uruguay Round Agree-
ments Act,
‘‘(III) nondiscriminatory market ac-
cess opportunities for United States per-
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sons that rely upon intellectual property
protection, or
‘‘(IV) market opportunities, including
the toleration by a foreign government of
systematic anticompetitive activities by en-
terprises or among enterprises in the for-
eign country that have the effect of re-
stricting, on a basis that is inconsistent
with commercial considerations, access of
United States goods or services to a for-
eign market,’’; and
(2) by adding at the end the following:
‘‘(F)(i) For the purposes of subparagraph
(B)(i)(II), adequate and effective protection of intel-
lectual property rights includes adequate and effec-
tive means under the laws of the foreign country for
persons who are not citizens or nationals of such
country to secure, exercise, and enforce rights and
enjoy commercial benefits relating to patents, trade-
marks, copyrights and related rights, mask works,
trade secrets, and plant breeder’s rights.
‘‘(ii) For purposes of subparagraph (B)(i)(IV),
the denial of fair and equitable nondiscriminatory
market access opportunities includes restrictions on
market access related to the use, exploitation, or en-
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joyment of commercial benefits derived from exercis-
ing intellectual property rights in protected works or
fixations or products embodying protected works.’’.
(d) TIME LIMITS FOR DETERMINATIONS OF UNFAIR
TRADE PRACTICES.—Section 304(a) of the Trade Act of
1974 (19 U.S.C. 2414(a)) is amended—
(1) in subparagraph (A) of paragraph (2), by
striking ‘‘(other than the agreement on subsidies
and countervailing measures described in section
2(c)(5) of the Trade Agreements Act of 1979)’’,
(2)(A) in subparagraph (A) of paragraph (3),
by inserting ‘‘does not consider that a trade agree-
ment, including the Agreement on Trade-Related As-
pects of Intellectual Property (referred to in section
101(d)(15) of the Uruguay Round Agreements Act),
is involved or’’ after ‘‘the Trade Representative’’ the
first place it appears, and
(B) in subparagraph (B) of paragraph (3), in
the matter preceding clause (i), by striking ‘‘any in-
vestigation initiated by reason of section 302(b)(2)’’
and inserting ‘‘an investigation initiated by reason of
section 302(b)(2) (other than an investigation in-
volving a trade agreement)’’, and
(3) in paragraph (4), by striking ‘‘(other than
the agreement on subsidies and countervailing meas-
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ures described in section 2(c)(5) of the Trade Agree-
ments Act of 1979)’’.
(e) MONITORING OF FOREIGN COMPLIANCE.—Sub-
sections (a) and (b) of section 306 of the Trade Act of
1974 (19 U.S.C. 2416) are amended to read as follows:
‘‘(a) IN GENERAL.—The Trade Representative shall
monitor the implementation of each measure undertaken,
or agreement that is entered into, by a foreign country
to provide a satisfactory resolution of a matter subject to
investigation under this chapter or subject to dispute set-
tlement proceedings to enforce the rights of the United
States under a trade agreement providing for such pro-
ceedings.
‘‘(b) FURTHER ACTION.—
‘‘(1) IN GENERAL.—If, on the basis of the mon-
itoring carried out under subsection (a), the Trade
Representative considers that a foreign country is
not satisfactorily implementing a measure or agree-
ment referred to in subsection (a), the Trade Rep-
resentative shall determine what further action the
Trade Representative shall take under section
301(a). For purposes of section 301, any such deter-
mination shall be treated as a determination made
under section 304(a)(1).’’.
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‘‘(2) 
WTO 
DISPUTE
SETTLEMENT
REC-
OMMENDATIONS.—If the measure or agreement re-
ferred to in subsection (a) concerns the implementa-
tion of a recommendation made pursuant to dispute
settlement proceedings under the World Trade Orga-
nization, and the Trade Representative considers
that the foreign country has failed to implement it,
the Trade Representative shall make the determina-
tion in paragraph (1) no later than 30 days after the
expiration of the reasonable period of time provided
for such implementation under paragraph 21 of the
Understanding on Rules and Procedures Governing
the Settlement of Disputes that is referred to in sec-
tion 101(d)(16) of the Uruguay Round Agreements
Act.’’.
(f) EXTENSION OF SECTION 310 OF THE TRADE ACT
OF 1974.—Section 310 of the Trade Act of 1974 (19
U.S.C. 2420) is amended to read as follows:
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.
‘‘(a) IDENTIFICATION.—
‘‘(1) Within 180 days after the submission in
calendar year 1995 of the report required by section
181(b), the Trade Representative shall—
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‘‘(A) review United States trade expansion
priorities,
‘‘(B) identify priority foreign country prac-
tices, the elimination of which is likely to have
the most significant potential to increase Unit-
ed States exports, either directly or through the
establishment of a beneficial precedent, and
‘‘(C) submit to the Committee on Finance
of the Senate and the Committee on Ways and
Means of the House of Representatives and
publish in the Federal Register a report on the
priority foreign country practices identified.
‘‘(2) In identifying priority foreign country
practices under paragraph (1) of this section, the
Trade Representative shall take into account all rel-
evant factors, including—
‘‘(A) the major barriers and trade distort-
ing practices described in the National Trade
Estimate Report required under section 181(b);
‘‘(B) the trade agreements to which a for-
eign country is a party and its compliance with
those agreements;
‘‘(C) the medium- and long-term implica-
tions of foreign government procurement plans;
and
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‘‘(D) the international competitive position
and export potential of United States products
and services.
‘‘(3) The Trade Representative may include in
the report, if appropriate—
‘‘(A) a description of foreign country prac-
tices that may in the future warrant identifica-
tion as priority foreign country practices; and
‘‘(B) a statement about other foreign coun-
try practices that were not identified because
they are already being addressed by provisions
of United States trade law, by existing bilateral
trade agreements, or as part of trade negotia-
tions with other countries and progress is being
made toward the elimination of such practices.
‘‘(b) INITIATION OF INVESTIGATIONS.—By no later
than the date which is 21 days after the date on which
a report is submitted to the appropriate congressional
committees under subsection (a)(1), the Trade Represent-
ative shall initiate under section 302(b)(1) investigations
under this chapter with respect to all of the priority for-
eign country practices identified.
‘‘(c) AGREEMENTS FOR THE ELIMINATION OF BAR-
RIERS.—In the consultations with a foreign country that
the Trade Representative is required to request under sec-
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tion 303(a) with respect to an investigation initiated by
reason of subsection (b), the Trade Representative shall
seek to negotiate an agreement that provides for the elimi-
nation of the practices that are the subject of the inves-
tigation as quickly as possible or, if elimination of the
practices is not feasible, an agreement that provides for
compensatory trade benefits.
‘‘(d) REPORTS.—The Trade Representative shall in-
clude in the semiannual report required by section 309
a report on the status of any investigations initiated pur-
suant to subsection (b) and, where appropriate, the extent
to which such investigations have led to increased opportu-
nities for the export of products and services of the United
States.’’.
SEC. 315. OBJECTIVES IN INTELLECTUAL PROPERTY.
It is the objective of the United States—
(1) to accelerate the implementation of the
Agreement on Trade-Related Aspects of Intellectual
Property Rights referred to in section 101(d)(15),
(2) to seek enactment and effective implementa-
tion by foreign countries of laws to protect and en-
force intellectual property rights that supplement
and strengthen the standards of the Agreement on
Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) and the
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North American Free Trade Agreement and, in par-
ticular—
(A) to conclude bilateral and multilateral
agreements that create obligations to protect
and enforce intellectual property rights that
cover new and emerging technologies and new
methods of transmission and distribution, and
(B) to prevent or eliminate discrimination
with respect to matters affecting the availabil-
ity, acquisition, scope, maintenance, use, and
enforcement of intellectual property rights,
(3) to secure fair, equitable, and nondiscrim-
inatory market access opportunities for United
States persons that rely upon intellectual property
protection,
(4) to take an active role in the development of
the intellectual property regime under the World
Trade Organization to ensure that it is consistent
with other United States objectives, and
(5) to take an active role in the World Intellec-
tual Property Organization (WIPO) to develop a co-
operative and mutually supportive relationship be-
tween the World Trade Organization and WIPO.
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SEC. 316. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
(b) SECTION 314(f).—The amendment made by sec-
tion 314(f) takes effect on the date of the enactment of
this Act.
Subtitle C—Unfair Practices in
Import Trade
SEC. 321. UNFAIR PRACTICES IN IMPORT TRADE.
(a) AMENDMENTS TO SECTION 337 OF THE TARIFF
ACT OF 1930.—Section 337 of the Tariff Act of 1930 (19
U.S.C. 1337) is amended as follows:
(1) INVESTIGATION.—Subsection (b) is amend-
ed—
(A) by striking ‘‘; TIME LIMITS’’ in the
heading;
(B) in paragraph (1) by striking all that
follows the second sentence and inserting the
following: ‘‘The Commission shall conclude any
such investigation and make its determination
under this section at the earliest practicable
time after the date of publication of notice of
such investigation. To promote expeditious ad-
judication, the Commission shall, within 45
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days after an investigation is initiated, establish
a target date for its final determination.’’; and
(C) in paragraph (3)—
(i) in the first sentence—
(I) by striking ‘‘the Tariff Act of
1930’’ and inserting ‘‘this Act’’; and
(II) by striking ‘‘such Act’’ and
inserting ‘‘such subtitle’’; and
(ii) by striking the fifth sentence.
(2) DETERMINATION; REVIEW.—Subsection (c)
is amended—
(A) in the first sentence by striking ‘‘a set-
tlement agreement’’ and inserting ‘‘an agree-
ment between the private parties to the inves-
tigation, including an agreement to present the
matter for arbitration’’;
(B) by inserting the following after the
third sentence: ‘‘A respondent may raise any
counterclaim in a manner prescribed by the
Commission. Immediately after a counterclaim
is received by the Commission, the respondent
raising such counterclaim shall file a notice of
removal with a United States district court in
which venue for any of the counterclaims raised
by the party would exist under section 1391 of
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title 28, United States Code. Any counterclaim
raised pursuant to this section shall relate back
to the date of the original complaint in the pro-
ceeding before the Commission. Action on such
counterclaim shall not delay or affect the pro-
ceeding under this section, including the legal
and equitable defenses that may be raised
under this subsection.’’; and
(C) by adding at the end the following:
‘‘Determinations by the Commission under sub-
sections (e), (f), and (j) with respect to forfeit-
ure of bonds and under subsection (h) with re-
spect to the imposition of sanctions for abuse of
discovery or abuse of process shall also be
reviewable in accordance with section 706 of
title 5, United States Code.’’.
(3) ENTRY
UNDER
BOND.—Subsection (e) is
amended—
(A) in the last sentence of paragraph (1)
by striking ‘‘determined by the Commission’’
and all that follows through the end of the sen-
tence and inserting ‘‘prescribed by the Sec-
retary in an amount determined by the Com-
mission to be sufficient to protect the complain-
ant from any injury. If the Commission later
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determines that the respondent has violated the
provisions of this section, the bond may be for-
feited to the complainant.’’;
(B) by adding at the end of paragraph (2)
the following: ‘‘If the Commission later deter-
mines that the respondent has not violated the
provisions of this section, the bond may be for-
feited to the respondent.’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) The Commission shall prescribe the terms and
conditions under which bonds may be forfeited under
paragraphs (1) and (2).’’.
(4) CEASE AND DESIST ORDERS.—Subsection
(f)(1) is amended by adding at the end the follow-
ing: ‘‘If a temporary cease and desist order is issued
in addition to, or in lieu of, an exclusion order under
subsection (e), the Commission may require the com-
plainant to post a bond, in an amount determined
by the Commission to be sufficient to protect the re-
spondent from any injury, as a prerequisite to the
issuance of an order under this subsection. If the
Commission later determines that the respondent
has not violated the provisions of this section, the
bond may be forfeited to the respondent. The Com-
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mission shall prescribe the terms and conditions
under which the bonds may be forfeited under this
paragraph.’’.
(5) CONDITIONS
APPLICABLE
FOR
GENERAL
EXCLUSION ORDERS.—(A) Subsection (d) is amend-
ed—
(i) by inserting ‘‘(1)’’ before ‘‘If’’;
(ii) in the first sentence by striking ‘‘there
is violation’’ and inserting ‘‘there is a viola-
tion’’; and
(iii) by adding at the end the following new
paragraph:
‘‘(2) The authority of the Commission to order an
exclusion from entry of articles shall be limited to persons
determined by the Commission to be violating this section
unless the Commission determines that—
‘‘(A) a general exclusion from entry of articles
is necessary to prevent circumvention of an exclusion
order limited to products of named persons; or
‘‘(B) there is a pattern of violation of this sec-
tion and it is difficult to identify the source of in-
fringing products.’’.
(B) Subsection (g)(2) is amended—
(i) by striking ‘‘and’’ at the end of sub-
paragraph (A);
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(ii) by striking the period at the end of
subparagraph (B) and inserting ‘‘, and’’; and
(iii) by adding after subparagraph (B) the
following:
‘‘(C) the requirements of subsection (d)(2) are
met.’’.
(6) ENTRY UNDER BOND AFTER REFERRAL TO
THE PRESIDENT.—Subsection (j)(3) is amended by
striking ‘‘shall be entitled to entry under bond’’ and
all that follows through the end of the sentence and
inserting ‘‘shall, until such determination becomes
final, be entitled to entry under bond prescribed by
the Secretary in an amount determined by the Com-
mission to be sufficient to protect the complainant
from any injury. If the determination becomes final,
the bond may be forfeited to the complainant. The
Commission shall prescribe the terms and conditions
under which bonds may be forfeited under this para-
graph.’’.
(7) ACCESS TO CONFIDENTIAL INFORMATION.—
Subsection (n)(2) is amended—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) an officer or employee of the Commission
who is directly concerned with—
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‘‘(i) carrying out the investigation or relat-
ed proceeding in connection with which the in-
formation is submitted,
‘‘(ii) the administration of a bond posted
pursuant to subsection (e), (f), or (j),
‘‘(iii) the administration or enforcement of
an exclusion order issued pursuant to sub-
section (d), (e), or (g), a cease and desist order
issued pursuant to subsection (f), or a consent
order issued pursuant to subsection (c),
‘‘(iv) proceedings for the modification or
rescission of a temporary or permanent order
issued under subsection (d), (e), (f), (g), or (i),
or a consent order issued under this section, or
‘‘(v) maintaining the administrative record
of the investigation or related proceeding,’’; and
(B) by amending subparagraph (C) to read
as follows:
‘‘(C) an officer or employee of the United
States Customs Service who is directly involved in
administering an exclusion from entry under sub-
section (d), (e), or (g) resulting from the investiga-
tion or related proceeding in connection with which
the information is submitted.’’.
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(8) TECHNICAL AMENDMENT.—Subsection (l) is
amended by striking ‘‘Claims Court’’ and inserting
‘‘Court of Federal Claims’’.
(b) AMENDMENTS TO TITLE 28, UNITED STATES
CODE.—
(1) STAY OF ACTIONS.—
(A) IN
GENERAL.—Chapter 111 of title
28, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1659. Stay of certain actions pending disposition
of related proceedings before the United
States International Trade Commission
‘‘(a) STAY.—In a civil action involving parties that
are also parties to a proceeding before the United States
International Trade Commission under section 337 of the
Tariff Act of 1930, at the request of a party to the civil
action that is also a respondent in the proceeding before
the Commission, the district court shall stay, until the de-
termination of the Commission becomes final, proceedings
in the civil action with respect to any claim that involves
the same issues involved in the proceeding before the Com-
mission, but only if such request is made within—
‘‘(1) 30 days after the party is named as a re-
spondent in the proceeding before the Commission,
or
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‘‘(2) 30 days after the district court action is
filed,
whichever is later.
‘‘(b) USE OF COMMISSION RECORD.—Notwithstand-
ing section 337(n)(1) of the Tariff Act of 1930, after dis-
solution of a stay under subsection (a), the record of the
proceeding before the United States International Trade
Commission shall be transmitted to the district court and
shall be admissible in the civil action, subject to such pro-
tective order as the district court determines necessary,
to the extent permitted under the Federal Rules of Evi-
dence and the Federal Rules of Civil Procedure.’’.
(B) CLERICAL AMENDMENT.—The table of
sections for chapter 111 of title 28, United
States Code, is amended by adding at the end
the following new item:
‘‘1659. Stay of certain actions pending disposition of related proceedings before
the United States International Trade Commission.’’.
(2) COUNTERCLAIMS.—Section 1446 of title 28,
United States Code, is amended by adding at the
end the following:
‘‘(f) With respect to any counterclaim removed to a
district court pursuant to section 337(c) of the Tariff Act
of 1930, the district court shall resolve such counterclaim
in the same manner as an original complaint under the
Federal Rules of Civil Procedure, except that the payment
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of a filing fee shall not be required in such cases and the
counterclaim shall relate back to the date of the original
complaint in the proceeding before the International
Trade Commission under section 337 of that Act.’’.
(3) JURISDICTION.—
(A) IN GENERAL.—Chapter 85 of title 28,
United States Code, is amended by adding at
the end the following:
‘‘§ 1368. Counterclaims in unfair practices in inter-
national trade.
‘‘The district courts shall have original jurisdiction
of any civil action based on a counterclaim raised pursuant
to section 337(c) of the Tariff Act of 1930, to the extent
that it arises out of the transaction or occurrence that is
the subject matter of the opposing party’s claim in the
proceeding under section 337(a) of that Act.’’.
(B) CLERICAL AMENDMENT.—The table of
sections for chapter 85 of title 28, United
States Code, is amended by adding at the end
the following:
‘‘1368. Counterclaims in unfair practices in international trade.’’.
SEC. 322. EFFECTIVE DATE.
The amendments made by this subtitle apply—
(1) with respect to complaints filed under sec-
tion 337 of the Tariff Act of 1930 on or after the
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date on which the WTO Agreement enters into force
with respect to the United States, or
(2) in cases under such section 337 in which no
complaint is filed, with respect to investigations ini-
tiated under such section on or after such date.
Subtitle D—Textiles
SEC. 331. TEXTILE PRODUCT INTEGRATION.
Not later than 120 days after the date that the WTO
Agreement, as defined in section 2(9) of the Uruguay
Round Implementation Act, enters into force with respect
to the United States, the Secretary of Commerce shall
publish in the Federal Register a notice containing the list
of products to be integrated in each stage set out in Article
2(8) of the Agreement on Textiles and Clothing referred
to in section 101(d)(4). After publication of such list, the
list may not be changed unless otherwise required by stat-
ute or the international obligations of the United States,
to correct technical errors, or to reflect reclassifications.
Within 30 days after the publication of such list, the
Trade Representative shall notify the list to the Textiles
Monitoring Body established under Article 8 of the Agree-
ment on Textiles and Clothing.
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SEC. 332. AMENDMENT TO SECTION 204 OF THE AGRICUL-
TURAL ACT OF 1956.
Section 204 of the Agricultural Act of 1956 (7 U.S.C.
1854) is amended by amending the second sentence to
read as follows: ‘‘In addition, if a multilateral agreement,
including but not limited to the Agreement on Textiles and
Clothing referred to in section 101(d)(4) of the Uruguay
Round Implementation Act, has been or is concluded
under the authority of this section among countries ac-
counting for a significant part of world trade in the arti-
cles with respect to which the agreement was concluded,
the President may also issue, in order to carry out such
agreement, regulations governing the entry or withdrawal
from warehouse of the same articles which are the prod-
ucts of countries not parties to the agreement, or countries
to which the United States does not apply the agree-
ment.’’.
SEC. 333. TEXTILE TRANSSHIPMENTS.
Part V of title IV of the Tariff Act of 1930 is amend-
ed by inserting after section 592 the following:
‘‘SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN
VIOLATIONS.
‘‘(a) PUBLICATION OF NAMES OF CERTAIN VIOLA-
TORS.—
‘‘(1) PUBLICATION.—The Secretary of the
Treasury is authorized to publish in the Federal
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Register a list of the name of any producer, manu-
facturer, supplier, seller, exporter, or other person
located outside the customs territory of the United
States—
‘‘(A) against whom the Customs Service
has issued a penalty claim under section 592,
and
‘‘(B) if a petition with respect to that
claim has been filed under section 618, against
whom a final decision has been issued under
such section after exhaustion of administrative
remedies,
citing any of the violations of the customs laws re-
ferred to in paragraph (2). Such list shall be pub-
lished not later than March 31 and September 30 of
each year.
‘‘(2) VIOLATIONS.—The violations of the cus-
toms laws referred to in paragraph (1) are the fol-
lowing:
‘‘(A) Using documentation, or providing
documentation subsequently used by the im-
porter of record, which indicates a false or
fraudulent country of origin or source of textile
or apparel products.
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‘‘(B) Using counterfeit visas, licenses, per-
mits, bills of lading, or similar documentation,
or providing counterfeit visas, licenses, permits,
bills of lading, or similar documentation that is
subsequently used by the importer of record,
with respect to the entry into the customs terri-
tory of the United States of textile or apparel
products.
‘‘(C) Manufacturing, producing, supplying,
or selling textile or apparel products which are
falsely or fraudulently labelled as to country of
origin or source.
‘‘(D) Engaging in practices which aid or
abet the transshipment, through a country
other than the country of origin, of textile or
apparel products in a manner which conceals
the true origin of the textile or apparel products
or permits the evasion of quotas on, or vol-
untary restraint agreements with respect to, im-
ports of textile or apparel products.
‘‘(3) REMOVAL FROM LIST.—Any person whose
name has been included in a list published under
paragraph (1) may petition the Secretary to be re-
moved from such list. If the Secretary finds that
such person has not committed any violations de-
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scribed in paragraph (2) for a period of not less
than 3 years after the date on which the person’s
name was so published, the Secretary shall remove
such person from the list as of the next publication
of the list under paragraph (2).
‘‘(4) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS AND
OTHERS.—After the name of a person has been
published under paragraph (1), the Secretary of
the Treasury shall require any importer of
record entering, introducing, or attempting to
introduce into the commerce of the United
States textile or apparel products that were ei-
ther directly or indirectly produced, manufac-
tured, supplied, sold, exported, or transported
by such named person to show, to the satisfac-
tion of the Secretary, that such importer has
exercised reasonable care to ensure that the tex-
tile or apparel products are accompanied by
documentation, packaging, and labelling that
are accurate as to its origin. Such reasonable
care shall not include reliance solely on a source
of information which is the named person.
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‘‘(B) FAILURE TO EXERCISE REASONABLE
CARE.—If the Customs Service determines that
merchandise is not from the country claimed on
the documentation accompanying the merchan-
dise, the failure to exercise reasonable care de-
scribed in subparagraph (A) shall be considered
when the Customs Service determines whether
the importer of record is in violation of section
484(a).
‘‘(b) LIST OF HIGH RISK COUNTRIES.—
‘‘(1) LIST.—The President or his designee,
upon the advice of the Secretaries of Commerce and
Treasury, and the heads of other appropriate de-
partments and agencies, is authorized to publish a
list of countries in which illegal activities have oc-
curred involving transshipped textile or apparel
products or activities designed to evade quotas of the
United States on textile or apparel products, if those
countries fail to demonstrate a good faith effort to
cooperate with United States authorities in ceasing
such activities. Such list shall be published in the
Federal Register not later than March 31 of each
year. Any country that is on the list and that subse-
quently demonstrates a good faith effort to cooper-
ate with United States authorities in ceasing illegal
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activities described in the first sentence shall be re-
moved from the list, and such removal shall be pub-
lished in the Federal Register as soon as practicable.
‘‘(2) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS OF
RECORD.—The Secretary of the Treasury shall
require any importer of record entering, intro-
ducing, or attempting to introduce into the
commerce of the United States textile or ap-
parel products indicated, on the documentation,
packaging, or labelling accompanying such
products, to be from any country on the list
published under paragraph (1) to show, to the
satisfaction of the Secretary, that such im-
porter, consignee, or purchaser has exercised
reasonable care to ascertain the true country of
origin of the textile or apparel products.
‘‘(B) FAILURE TO EXERCISE REASONABLE
CARE.—If the Customs Service determines that
merchandise is not from the country claimed on
the documentation accompanying the merchan-
dise, the failure to exercise reasonable care de-
scribed in subparagraph (A) shall be considered
when the Customs Service determines whether
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the importer of record is in violation of section
484(a).
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘country’ means a foreign country
or territory, including any overseas dependent terri-
tory or possession of a foreign country.’’.
SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL
PRODUCTS.
(a) REGULATORY AUTHORITY.—The Secretary of the
Treasury shall prescribe rules implementing the principles
contained in subsection (b) for determining the origin of
textiles and apparel products. Such rules shall be promul-
gated in final form not later than July 1, 1995.
(b) PRINCIPLES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided for by statute, a textile or apparel product, for
purposes of the customs laws and the administration
of quantitative restrictions, originates in a country,
territory, or insular possession, and is the growth,
product, or manufacture of that country, territory,
or insular possession, if—
(A) the product is wholly obtained or pro-
duced in that country, territory, or possession;
(B) the product is a yarn, thread, twine,
cordage, rope, cable, or braiding and—