omy into a single cause or threat of serious in-
jury; and 
‘‘(B) examine factors other than imports 
which may cause or threaten to cause serious 
injury to the domestic industry. 
The Commission shall include the results of its ex-
amination under subparagraph (B) in the report 
submitted by the Commission to the President under 
subsection (e). 
‘‘(4) In making determinations under sub-
section (b), the Commission shall consider whether 
any change in the volume of imports that has oc-
curred since a petition under subsection (a) was filed 
or a request under subsection (b) was made is re-
lated to the pendency of the investigation, and if so, 
the Commission may reduce the weight accorded to 
the data for the period after the petition under sub-
section (a) was filed or the request under subsection 
(b) was made in making its determination of serious 
injury, or the threat thereof.’’; and 
(F) 
in 
paragraph 
(5), 
as 
so 
predesignated— 
(i) by striking ‘‘and (B)’’ and insert-
ing ‘‘, (B), and (C)’’; and 
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(ii) by striking ‘‘be a substantial cause 
of serious injury, or the threat thereof,’’ 
and inserting ‘‘cause or threaten to cause 
serious injury’’; 
(4) in subsection (d)— 
(A) in paragraph (1)(A)(ii), by striking 
‘‘be, or likely to be a substantial cause of seri-
ous injury, or the threat thereof,’’ and inserting 
‘‘cause, or be likely to cause, or threaten to 
cause, or be likely to threaten to cause, serious 
injury’’; 
(B) in paragraph (1)(C), in the matter fol-
lowing clause (ii), by striking ‘‘a substantial 
cause of serious injury, or the threat thereof,’’ 
and inserting ‘‘causing or threatening to cause 
serious injury’’; 
(C) by amending paragraph (2)(A) to read 
as follows: 
‘‘(2)(A) When a petition filed under subsection 
(a) or a request filed under subsection (b) alleges 
that critical circumstances exist and requests that 
provisional relief be provided under this subsection 
with respect to imports of the article identified in 
the petition or request, the Commission shall, not 
later than 45 days after the petition or request is 
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filed, determine, on the basis of available informa-
tion, whether— 
‘‘(i) there is clear evidence that increased 
imports (either actual or relative to domestic 
production) of the article are causing or threat-
ening to cause serious injury to the domestic in-
dustry producing an article like or directly com-
petitive with the imported article; and 
‘‘(ii) delay in taking action under this 
chapter would cause damage to that industry 
that would be difficult to repair. 
In making the evaluation under clause (ii), the Commis-
sion should consider, among other factors that it considers 
relevant, the timing and volume of the imports, including 
whether there has been a substantial increase in imports 
over a short period of time, and any other circumstances 
indicating that delay in taking action under this chapter 
would cause damage to the industry that would be difficult 
to repair.’’; and 
(D) in paragraph (2)(D), by striking ‘‘30’’ 
and inserting ‘‘20’’. 
(c) PRESIDENTIAL DETERMINATIONS.— 
(1) ACTION BY PRESIDENT.—Section 203(a) of 
the Trade Act of 1974 (19 U.S.C. 2253(a)) is 
amended— 
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(A) in paragraph (1)(A), by striking ‘‘and 
provide greater economic and social benefits 
than costs’’ and inserting ‘‘and will not have an 
adverse impact on the United States clearly 
greater than the benefits of such action’’; 
(B) in paragraph (2)(F)(ii), by striking 
‘‘compensation;’’ and inserting the following: 
‘‘compensation, except that the President shall 
give substantially greater weight to the factors 
set out in clause (i) than to those set out in 
clause (ii) and this clause;’’; and 
(C) by amending paragraph (2)(I) to read 
as follows: 
‘‘(I) the potential for harm to the national 
security of the United States; and’’. 
(2) 
IMPLEMENTATION
OF
ACTION
REC-
OMMENDED BY COMMISSION.—(A) Section 203(c) of 
the Trade Act of 1974 (19 U.S.C. 2253(c)) is 
amended by striking ‘‘90’’ and inserting ‘‘60’’. 
(B) Section 152(c)(1) of the Trade Act of 1974 
(19 U.S.C. 2192(c)(1)) is amended by striking ‘‘not 
counting any day which is excluded under section 
154(b),’’ and inserting ‘‘counting all calendar days 
in the case of a resolution described in subsection 
(a)(1)(A), and not counting any day which is ex-
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cluded under section 154(b) in the case of a resolu-
tion described in subsection (a)(1)(B),’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 203(e)(6)(B) of the Trade Act of 
1974 (19 U.S.C. 2253(e)(6)(B)) is amended by 
striking ‘‘substantially’’. 
(2) Section 264(c) of the Trade Act of 1974 
(19 U.S.C. 2354(c)) is amended by striking ‘‘a sub-
stantial cause of serious injury or threat thereof’’ 
and inserting ‘‘causing or threatening to cause seri-
ous injury’’. 
(3) Section 154(b) of the Trade Act of 1974 
(19 U.S.C. 2194(b)) is amended by striking the 
matter that precedes paragraph (1) and inserting 
the following: 
‘‘(b) The 60-day period referred to in section 203(c) 
and the 90-day period referred to in section 407(c)(2) 
shall be computed by excluding—’’. 
Subtitle B—Fair Trade With China 
SEC. 611. CLARIFICATION OF STANDARD FOR PRESI-
DENTIAL ACTION ON ITC FINDING OF MAR-
KET DISRUPTION. 
(a) AMENDMENTS TO STANDARD FOR TRADE REP-
RESENTATIVE’S
RECOMMENDATION
TO
THE
PRESI-
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DENT.—Section 421(h)(2) of the Trade Act of 1974 (19 
U.S.C. 2451(h)(2)) is amended— 
(1) by striking ‘‘(2) Within’’ and inserting 
‘‘(2)(A) Within’’; and 
(2) by adding at the end the following: 
‘‘(B) In making a recommendation to the President 
under subparagraph (A), the Trade Representative shall 
consider the facts found, or conclusions drawn, by the 
Commission as they are reported to the Trade Representa-
tive, and the Trade Representative may not conduct an 
additional review or reconsideration of the facts found or 
conclusions reached by the Commission. 
‘‘(C) If the Commission in its report makes an af-
firmative finding of market disruption, the Trade Rep-
resentative shall apply a presumption in favor of relief to 
prevent or remedy the market disruption. 
‘‘(D) The following factors may not be used as the 
basis of a recommendation by the Trade Representative 
to recommend denying relief under this section: 
‘‘(i) The presence or absence (whether actual or 
potential) of third-country imports of the product 
under investigation. 
‘‘(ii) Any results of the econometric model 
known as the Commercial Policy Analysis System 
(COMPAS) or equivalent model.’’. 
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