(C) 2 members shall be appointed by the 
majority leader of the Senate. 
(D) 2 members shall be appointed by the 
minority leader of the Senate. 
(E) 1 member, who shall be the chair-
person of the Commission, shall be appointed 
by the other 8 members of the Commission. 
(2) QUALIFICATIONS.—Members of the Com-
mission shall be appointed from among persons who, 
because of their knowledge and experience, are lead-
ers in the field of international trade and finance, 
including leaders in the fields of labor, business, 
nongovernmental organizations, and academia. Mem-
bers shall be appointed without regard to political 
affiliation and solely on the basis of their fitness to 
perform the duties of the Commission. 
(3) DATE.—The appointments of the initial 
members of the Commission shall be made not later 
than 30 days after the date of the enactment of this 
Act. 
(4) PERIOD OF APPOINTMENT; VACANCIES.— 
(A) IN GENERAL.—Members of the Com-
mission shall each be appointed for the life of 
the Commission. 
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(B) VACANCIES.—Any vacancy on the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment was made and shall be subject 
to the same conditions as the original appoint-
ment. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(e) MEETINGS.—The Commission shall meet at the 
call of the Chairperson. 
(f) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
(g) FUNDING.—Members of the Commission shall be 
allowed travel expenses, including per diem in lieu of sub-
sistence at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the Commis-
sion. 
(h) INFORMATION FROM FEDERAL AGENCIES AND 
DEPARTMENTS.— 
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(1) IN GENERAL.—The Commission may secure 
directly from any Federal department or agency 
such information as the Commission considers nec-
essary to carry out the provisions of this section. 
Upon the request of the chairperson of the Commis-
sion, the head of such department or agency shall 
furnish the information requested to the Commission 
in a timely manner. 
(2) CONFIDENTIALITY.—The Commission shall 
protect from disclosure any document or information 
submitted to it by a department or agency of the 
United States which the agency or department re-
quests be kept confidential. The Commission shall 
not be considered to be an agency for purposes of 
section 552 of title 5, United States Code. 
(i) HEARINGS.—The Commission may hold such 
hearings as the Commission considers necessary to carry 
out its functions. 
(j) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate 30 days after the date on which it 
submits its report to the Congress under subsection (b). 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
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SEC. 102. ITC REPORTS ON TRADE AGREEMENTS. 
Section 2104 of the Bipartisan Trade Promotion Au-
thority Act of 2002 (19 U.S.C. 3804) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) REPORTS BY ITC.— 
‘‘(1) PRIOR TO NEGOTIATIONS.—At least 120 
days before initiating negotiations with respect to 
any agreement that is subject to the provisions of 
section 2103(b), the President shall notify the Inter-
national Trade Commission of the proposed negotia-
tions. The Commission shall, by not later than the 
end of that 120-day period, prepare and submit to 
the Congress a comprehensive report on the effects 
the proposed agreement may have on industries in 
the United States, both in terms of effects of in-
creased imports into the United States and benefits 
of potential increases in exports of products and 
services of the United States to foreign countries 
that would be parties to the agreement. 
‘‘(2) 
SUBSEQUENT
REPORTS.—The 
Inter-
national Trade Commission shall prepare and sub-
mit to the Congress reports on the effects of any 
agreement subject to the provisions of section 
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2103(b) that is entered into pursuant to the negotia-
tions on which a report is submitted under para-
graph (1), both in terms of effects of increased im-
ports into the United States and benefits of in-
creased exports of products and services of the 
United States to foreign countries that are parties 
to the agreement. Reports under this paragraph 
shall be submitted to the Congress not later than 1 
year, 3 years, 5 years, and 10 years after the agree-
ment is entered into.’’. 
SEC. 103. NEGOTIATING OBJECTIVES REGARDING TRADE 
REMEDY LAWS. 
Section 2102(b)(14) of the Trade Act of 2002 (19 
U.S.C. 3801(b)) is amended by adding at the end the fol-
lowing flush sentence: 
‘‘In order to carry out subparagraph (A), the United 
States Trade Representative should not agree to any pro-
posal, whether in the context of a trade agreement entered 
into under the auspices of the World Trade Organization, 
or a free trade agreement with another country or group 
of countries, that would, either individually or in combina-
tion with other proposals, weaken existing United States 
trade remedy laws contained in title VII of the Tariff Act 
of 1930 or chapter 1 of title II of the Trade Act of 1974, 
including any proposal that would make obtaining relief 
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under those provisions more difficult, uncertain, or costly 
for domestic industries to achieve or maintain over time.’’. 
SEC. 104. CONSULTATIONS AND ASSESSMENTS REGARDING 
TRADE AGREEMENTS. 
Section 2104(d)(3)(A) of the Trade Act of 2002 (19 
U.S.C. 3804(d)(3)(A)) is amended— 
(1) in clause (i), by striking ‘‘and’’ after the 
semicolon; 
(2) in clause (ii), by striking the period and in-
serting a semicolon; and 
(3) by adding after clause (ii) the following: 
‘‘(iii) with respect to each specific pro-
posal that could require amendments to 
title VII of the Tariff Act of 1930 or chap-
ter 1 of title II of the Trade Act of 1974, 
whether and to what extent the proposal 
would, either individually or in combination 
with other proposals, make obtaining relief 
under these provisions more difficult, un-
certain, or costly for domestic industries to 
achieve or maintain over time; and 
‘‘(iv) for each specific proposal that 
the President reports would not (whether 
individually or in combination with other 
proposals) make obtaining relief under title 
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VII of the Tariff Act of 1930 or chapter 
1 of title II of the Trade Act of 1974 more 
difficult, uncertain, or costly for domestic 
industries to achieve or maintain over 
time, a detailed explanation providing the 
basis for this conclusion.’’. 
SEC. 105. EFFECTIVE DATE. 
The amendments made by this title take effect on the 
date of the enactment of this Act. 
TITLE II—AMERICAN MANUFAC-
TURING COMPETITIVENESS 
SEC. 201. AFFIRMATION OF NEGOTIATING OBJECTIVE ON 
BORDER TAXES. 
The Congress reaffirms the negotiating objective re-
lating to border taxes set forth in section 2102(b)(15) of 
the Trade Act of 2002 (19 U.S.C. 3802(b)(15). 
SEC. 202. PRESIDENTIAL CERTIFICATION; APPLICATION OF 
U.S. COUNTERVAILING DUTY LAW. 
(a) CERTIFICATION BY THE PRESIDENT.—If by Jan-
uary 1, 2008, the President does not certify to the Con-
gress that, under the Agreement on Subsidies and Coun-
tervailing Measures or subsequent agreement of the World 
Trade Organization, the full or partial exemption, remis-
sion, or deferral specifically related to exports of direct 
taxes is treated in the same manner as the full or partial 
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exemption, remission, or deferral specifically related to ex-
ports of indirect taxes, then as of January 1, 2008, the 
Secretary of Commerce, in any investigation conducted 
under subchapter A of title VII of the Tariff Act of 1930 
to determine whether a countervailable subsidy is being 
provided with respect to a product of a country that pro-
vides the full or partial exemption, remission, or deferral 
specifically related to exports of indirect taxes on products 
exported 
from 
that 
country, 
shall 
treat 
as 
a 
countervailable subsidy the full or partial exemption, re-
mission, or deferral specifically related to exports of indi-
rect taxes paid on that product. 
(b) DEFINITIONS.—In this section: 
(1) AGREEMENT ON SUBSIDIES AND COUNTER-
VAILING MEASURES.—The term ‘‘Agreement on Sub-
sidies and Countervailing Measures’’ means the 
agreement referred to in section 101(d)(12) of the 
Uruguay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3511(d)(12)). 
(2) DIRECT TAXES.—The term ‘‘direct taxes’’ 
means taxes on wages, profits, interest, rents, royal-
ties, and all other forms of income, and taxes on the 
ownership of real property. 
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(3) IMPORT
CHARGES.—The term ‘‘import 
charges’’ means tariffs, duties, and other fiscal 
charges that are levied on imports. 
(4) INDIRECT
TAXES.—The term ‘‘indirect 
taxes’’ means sales, excise, turnover, value added, 
franchise, stamp, transfer, inventory, and equipment 
taxes, border taxes, and all taxes other than direct 
taxes and import charges. 
(5) FULL OR PARTIAL EXEMPTION, REMISSION, 
OR DEFERRAL SPECIFICALLY RELATED TO EXPORTS 
OF DIRECT TAXES.—The term ‘‘full or partial ex-
emption, remission, or deferral specifically related to 
exports of direct taxes’’ means direct taxes that are 
paid to the United States Government by a business 
concern and are fully or partially exempted, remit-
ted, or deferred by the Government by reason of the 
export by that business concern of its products from 
the United States. 
(6) FULL OR PARTIAL EXEMPTION, REMISSION, 
OR DEFERRAL SPECIFICALLY RELATED TO EXPORTS 
OF INDIRECT TAXES.—The term ‘‘full or partial ex-
emption, remission, or deferral specifically related to 
exports of indirect taxes’’ means indirect taxes that 
are paid to the government of a country by a busi-
ness concern and are fully or partially exempted, re-
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mitted, or deferred by that government by reason of 
the export by that business concern of its products 
from that country. 
(c) EFFECTIVE PERIOD.— 
(1) IN GENERAL.—Subsection (a) shall cease to 
be effective on the date on which the President 
makes a certification described in subsection (a). 
(2) TERMINATION OF CVD ORDERS.—Any coun-
tervailing duty order that is issued pursuant to an 
investigation conducted under subsection (a) and is 
still in effect on the date described in paragraph (1) 
shall terminate on that date. 
TITLE III—DISPUTE 
SETTLEMENT 
Subtitle A—Congressional Advisory 
Commission on WTO Dispute 
Settlement 
SEC. 301. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The United States joined the World Trade 
Organization as an original member with the goal of 
creating an improved global trading system and pro-
viding expanded economic opportunities for United 
States workers, farmers, and businesses. 
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(2) The dispute settlement rules of the WTO 
were created to enhance the likelihood that govern-
ments will observe their WTO obligations. 
(3) These dispute settlement rules help ensure 
that the United States can reap the full benefits of 
its participation in the WTO. 
(4) Successful operation of the WTO dispute 
settlement system was critical to congressional ap-
proval of the Uruguay Round Agreements and is 
critical to continued support by the United States 
for the WTO. In particular, it is imperative that dis-
pute settlement panels and the Appellate Body— 
(A) operate with fairness and in an impar-
tial manner; 
(B) strictly observe the terms of reference 
and any applicable standard of review set forth 
in the Uruguay Round Agreements; and 
(C) not add to the obligations, or diminish 
the rights, of WTO members under the Uru-
guay Round Agreements in violation of Articles 
3.2 and 19.2 of the Dispute Settlement Under-
standing. 
(5) An increasing number of reports by dispute 
settlement panels and the Appellate Body have 
raised serious concerns within the Congress about 
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the ability of the WTO dispute settlement system to 
operate in accordance with paragraph (4). 
(6) In particular, several reports of dispute set-
tlement panels and the Appellate Body have added 
to the obligations and diminished the rights of WTO 
members, particularly under the Agreement on Im-
plementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, the Agreement on Sub-
sidies and Countervailing Measures, and the Agree-
ment on Safeguards. 
(7) In order to come into compliance with re-
ports of dispute settlement panels and the Appellate 
Body that have been adopted by the Dispute Settle-
ment Body, the Congress may need to amend or re-
peal statutes of the United States. In such cases, the 
Congress must have a high degree of confidence that 
the reports are in accordance with paragraph (4). 
(8) The Congress needs impartial, objective, 
and juridical advice to determine the appropriate re-
sponse to reports of dispute settlement panels and 
the Appellate Body. 
(9) The United States remains committed to 
the multilateral, rules-based trading system. 
(b) PURPOSE.—It is the purpose of this subtitle to 
provide for the establishment of the Congressional Advi-
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sory Commission on WTO Dispute Settlement to provide 
objective and impartial advice to the Congress on the oper-
ation of the dispute settlement system of the World Trade 
Organization. 
SEC. 302. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Congressional Advisory Com-
mission on WTO Dispute Settlement (in this subtitle re-
ferred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 5 members, all of whom shall be judges 
or former judges of the Federal judicial circuits and 
shall be appointed by the Speaker of the House of 
Representatives and the President pro tempore of 
the Senate after considering the recommendations of 
the Chairman and ranking member of the Com-
mittee on Finance of the Senate and the Chairman 
and ranking member of the Committee on Ways and 
Means of the House of Representatives. Commis-
sioners shall be chosen without regard to political af-
filiation and solely on the basis of each Commis-
sioner’s fitness to perform the duties of a Commis-
sioner. 
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(2) DATE.—The appointments of the initial 
members of the Commission shall be made not later 
than 90 days after the date of the enactment of this 
Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—Members of the Commission 
shall each be appointed for a term of 5 years, except 
that of the members first appointed, 3 members 
shall be appointed for terms of 3 years. 
(2) VACANCIES.— 
(A) IN
GENERAL.—Any vacancy on the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment was made and shall be subject 
to the same conditions as the original appoint-
ment. 
(B) UNEXPIRED
TERM.—An individual 
chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(e) MEETINGS.—The Commission shall meet at the 
call of the Chairperson. 
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(f) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a Chairperson and Vice Chair-
person from among its members. 
(h) FUNDING.—Members of the Commission shall be 
allowed travel expenses, including per diem in lieu of sub-
sistence at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the Commis-
sion. 
SEC. 303. DUTIES OF THE COMMISSION. 
(a) ADVISING CONGRESS ON THE OPERATION OF 
THE WTO DISPUTE SETTLEMENT SYSTEM.— 
(1) IN GENERAL.—The Commission shall re-
view— 
(A) all adverse reports of dispute settle-
ment panels and the Appellate Body which 
are— 
(i) adopted by the Dispute Settlement 
Body; and 
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(ii) the result of a proceeding initiated 
against the United States by a WTO mem-
ber; and 
(B) upon the request of the Committee on 
Ways and Means of the House of Representa-
tives or the Committee on Finance of the Sen-
ate— 
(i) any adverse report of a dispute 
settlement panel or the Appellate Body— 
(I) which is adopted by the Dis-
pute Settlement Body; and 
(II) in which the United States is 
a complaining party; or 
(ii) any other finding which is con-
tained in a report of a dispute settlement 
panel or the Appellate Body that is adopt-
ed by the Dispute Settlement Body. 
(2) SCOPE OF REVIEW.—The Commission shall 
advise the Congress in connection with each adverse 
finding or other finding under paragraph (1) (B) 
only whether— 
(A) the dispute settlement panel or the Ap-
pellate Body, as the case may be— 
(i) exceeded its authority or its terms 
of reference; 
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(ii) added to the obligations, or dimin-
ished the rights, of the United States 
under the Uruguay Round Agreement 
which is the subject of the finding; 
(iii) acted arbitrarily or capriciously, 
engaged in misconduct, or demonstrably 
departed from the procedures specified for 
panels and the Appellate Body in the ap-
plicable Uruguay Round Agreement; and 
(iv) deviated from the applicable 
standard of review, including in anti-
dumping, countervailing duty, and other 
unfair trade remedy cases, the standard of 
review set forth in Article 17.6 of the 
Agreement on Implementation of Article 
VI of the General Agreement on Tariffs 
and Trade 1994; and 
(B) the finding is consistent with the origi-
nal understanding by the United States of the 
Uruguay Round Agreement that is the subject 
of the finding as explained in the statement of 
administrative action approved under section 
101(a) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(a)). 
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(3) NO DEFERENCE.—Applying the standards 
set forth in paragraph (2) requires that the Commis-
sion not accord deference to findings of law made by 
the dispute settlement panel or the Appellate Body, 
as the case may be. 
(b) DETERMINATION; REPORT.— 
(1) DETERMINATION.— 
(A) IN
GENERAL.—Not later than 150 
days after the date on which the Commission 
receives notice of a report or request under sec-
tion 304(b), the Commission shall make a writ-
ten determination with respect to the matters 
described in paragraph (2) of subsection (a), in-
cluding a full analysis of the basis for its deter-
mination. A vote by a majority of the members 
of the Commission shall constitute a determina-
tion of the Commission, although the members 
need not agree on the basis for their vote. 
(B) DISSENTING
OR
CONCURRING
OPIN-
IONS.—Any member of the Commission who 
disagrees with a determination of the Commis-
sion or who concurs in such a determination on 
a basis different from that of the Commission 
or other members of the Commission, may write 
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an opinion expressing such disagreement or 
concurrence, as the case may be. 
(2) REPORT.—The Commission shall promptly 
report the determinations described in paragraph 
(1)(A) to the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate. The Commission shall include 
with the report any opinions written under para-
graph (1)(B) with respect to the determination. 
(c) AVAILABILITY TO THE PUBLIC.—Each report of 
the Commission under subsection (b)(2), together with the 
opinions included with the report, shall be made available 
to the public. 
SEC. 304. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold a public 
hearing to solicit views concerning a report of a dispute 
settlement panel or the Appellate Body described in sec-
tion 303(a)(1), if the Commission considers such hearing 
to be necessary to carry out the purpose of this subtitle. 
The Commission shall provide reasonable notice of a hear-
ing held pursuant to this subsection. 
(b) INFORMATION FROM INTERESTED PARTIES AND 
FEDERAL AGENCIES.— 
(1) NOTICE TO COMMISSION.— 
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(A) UNDER SECTION 303(a)(1)(A).—The 
Trade Representative shall advise the Commis-
sion not later than 5 business days after the 
date the Dispute Settlement Body adopts a re-
port of a panel or the Appellate Body that is 
to be reviewed by the Commission under section 
303(a)(1)(A). 
(B) UNDER SECTION 303(a)(1)(B).—The 
Committee on Ways and Means or the Com-
mittee on Finance, as the case may be, may 
make and notify the Commission of a request 
under section 303(a)(1)(B) not later than 1 
year after the Dispute Settlement Body adopts 
the report that is the subject of the request. 
(C) REPORTS
ADOPTED
PRIOR
TO
AP-
POINTMENT OF COMMISSION.—With respect to 
any report to which section 303(a)(1)(B) ap-
plies and that is adopted before the date on 
which the first members of the Commission are 
appointed under section 302(b)(2), the Com-
mittee on Ways and Means or the Committee 
on Finance, as the case may be, may make and 
notify the Commission of a request under sec-
tion 303(a)(1)(B) with respect to that report 
not later than 1 year after the date on which 
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the first members of the Commission are ap-
pointed under section 302(b)(2). 
(2) SUBMISSIONS AND REQUESTS FOR INFOR-
MATION.— 
(A) IN GENERAL.—The Commission shall 
promptly publish in the Federal Register notice 
of the notice received under paragraph (1) from 
the Trade Representative, the Committee on 
Ways and Means, or the Committee on Fi-
nance, as the case may be, along with notice of 
an opportunity for interested parties to submit 
written comments to the Commission. The 
Commission shall make comments submitted 
pursuant to the preceding sentence available to 
the public. 
(B) INFORMATION FROM FEDERAL AGEN-
CIES
AND
DEPARTMENTS.—The Commission 
may also secure directly from any Federal de-
partment or agency such information as the 
Commission considers necessary to carry out 
the provisions of this subtitle. Upon the request 
of the chairperson of the Commission, the head 
of such department or agency shall furnish the 
information requested to the Commission in a 
timely manner. 
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(3) ACCESS TO PANEL AND APPELLATE BODY 
DOCUMENTS.— 
(A) IN GENERAL.—The Trade Representa-
tive shall make available to the Commission all 
submissions and relevant documents relating to 
a report of a panel or the Appellate Body de-
scribed in section 303(a)(1), including any in-
formation contained in such submissions identi-
fied by the provider of the information as pro-
prietary information or information designated 
as confidential by a foreign government. 
(B) 
PUBLIC
ACCESS.—Any 
document 
which the Trade Representative submits to the 
Commission shall be available to the public, ex-
cept information which is identified as propri-
etary or confidential or the disclosure of which 
would otherwise violate the rules of the WTO. 
(c) ASSISTANCE FROM FEDERAL AGENCIES; CON-
FIDENTIALITY.— 
(1) ADMINISTRATIVE ASSISTANCE.—Any agency 
or department of the United States that is des-
ignated by the President shall provide administrative 
services, funds, facilities, staff, or other support 
services to the Commission to assist the Commission 
with the performance of the Commission’s functions. 
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(2) CONFIDENTIALITY.—The Commission shall 
protect from disclosure any document or information 
submitted to it by a department or agency of the 
United States which the agency or department re-
quests be kept confidential. The Commission shall 
not be considered to be an agency for purposes of 
section 552 of title 5, United States Code. 
SEC. 305. DEFINITIONS. 
In this subtitle: 
(1) ADVERSE
FINDING.—The term ‘‘adverse 
finding’’ means— 
(A) in a proceeding of a panel or the Ap-
pellate Body that is initiated against the United 
States, a finding by the panel or the Appellate 
Body that any law or regulation of, or applica-
tion thereof by, the United States, or any State, 
is inconsistent with the obligations of the 
United States under a Uruguay Round Agree-
ment (or nullifies or impairs benefits accruing 
to a WTO member under such an Agreement); 
or 
(B) in a proceeding of a panel or the Ap-
pellate Body in which the United States is a 
complaining party, any finding by the panel or 
the Appellate Body that a measure of the party 
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complained against is not inconsistent with that 
party’s obligations under a Uruguay Round 
Agreement (or does not nullify or impair bene-
fits accruing to the United States under such 
an Agreement). 
(2) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established by the 
Dispute Settlement Body pursuant to Article 17.1 of 
the Dispute Settlement Understanding. 
(3) DISPUTE
SETTLEMENT
BODY.—The term 
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body established pursuant to the Dispute 
Settlement Understanding. 
(4) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
(5) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(16)). 
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(6) TERMS OF REFERENCE.—The term ‘‘terms 
of reference’’ has the meaning given that term in the 
Dispute Settlement Understanding. 
(7) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
(8) URUGUAY ROUND AGREEMENT.—The term 
‘‘Uruguay Round Agreement’’ means any of the 
Agreements described in section 101(d) of the Uru-
guay Round Agreements Act. 
(9) WORLD TRADE ORGANIZATION; WTO.—The 
terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 
mean the organization established pursuant to the 
WTO Agreement. 
(10) WTO AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
(11) WTO MEMBER.—The term ‘‘WTO mem-
ber’’ has the meaning given that term in section 
2(10) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(10)). 
SEC. 306. EFFECTIVE DATE. 
This subtitle shall take effect on the date of the en-
actment of this Act. 
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Subtitle B—Participation in WTO 
Panel Proceedings 
SEC. 311. PARTICIPATION IN WTO PANEL PROCEEDINGS. 
(a) IN GENERAL.—If the United States Trade Rep-
resentative, in proceedings before a dispute settlement 
panel or the Appellate Body of the WTO, seeks— 
(1) to enforce United States rights under a 
multilateral trade agreement, or 
(2) to defend a challenged action or determina-
tion of the United States Government, 
a private United States person that is supportive of the 
United States Government’s position before the panel or 
Appellate Body and that has a direct economic interest 
in the panel’s or Appellate Body’s resolution of the mat-
ters in dispute shall be permitted to participate in con-
sultations and panel proceedings. The Trade Representa-
tive shall issue regulations, consistent with subsections (b) 
and (c), ensuring full and effective participation by any 
such private person. 
(b) ACCESS TO INFORMATION.—The United States 
Trade Representative shall make available to persons de-
scribed in subsection (a) all information presented to or 
otherwise obtained by the Trade Representative in connec-
tion with a WTO dispute settlement proceeding. The 
United States Trade Representative shall promulgate reg-
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ulations implementing a protective order system to protect 
information designated by the submitting member as con-
fidential. 
(c) PARTICIPATION IN PANEL PROCESS.—Upon re-
quest from a person described in subsection (a), the 
United States Trade Representative shall— 
(1) consult in advance with such person regard-
ing the content of written submissions from the 
United States to the WTO panel concerned or to the 
other member countries involved; 
(2) include, if appropriate, such person or its 
appropriate representative as an advisory member of 
the delegation in sessions of the dispute settlement 
panel; 
(3) allow such special delegation member, if 
such member would bring special knowledge to the 
proceeding, to appear before the panel, directly or 
through counsel, under the supervision of responsible 
United States Government officials; and 
(4) in proceedings involving confidential infor-
mation, allow the appearance of such person only 
through counsel as a member of the special delega-
tion. 
SEC. 312. DEFINITIONS. 
In this subtitle: 
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(1) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established under 
Article 17.1 of the Dispute Settlement Under-
standing. 
(2) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
(3) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien ad-
mitted for permanent residence into the United 
States; and 
(B) a corporation, partnership, or other 
legal entity organized under the laws of the 
United States or of any State, the District of 
Columbia, or any commonwealth, territory, or 
possession of the United States. 
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(5) WTO.—The term ‘‘WTO’’ means the orga-
nization established pursuant to the WTO Agree-
ment. 
(6) WTO 
AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
Subtitle C—Trade Dispute 
Functions 
SEC. 321. RESPONSIBILITY OF USTR. 
Section 141(c)(1)(C) of the Trade Act of 1974 (19 
U.S.C. 2171(c)(1)(C)) is amended— 
(1) by striking ‘‘(C)’’ and inserting ‘‘(C)(i)’’; 
and 
(2) by adding at the end the following: 
‘‘(ii) have lead responsibility for investigating, 
and representing the United States in, disputes be-
fore the World Trade Organization and disputes 
arising under other trade agreements to which the 
United States is a party;’’. 
TITLE IV—SUBSIDIES 
SEC. 401. APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET ECONOMY COUNTRIES. 
(a) IN GENERAL.—Section 701(a)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by insert-
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ing ‘‘(including a nonmarket economy country)’’ after 
‘‘country’’ each place it appears. 
(b) USE OF ALTERNATE METHODOLOGIES.—Section 
771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)) is amended by adding at the end the fol-
lowing: ‘‘If the administering authority, with respect to a 
nonmarket economy country, encounters special difficul-
ties in calculating the amount of a benefit under clause 
(i), (ii), (iii), or (iv), the administering authority may use 
methodologies for identifying and measuring the subsidy 
benefit which take into account the possibility that pre-
vailing terms and conditions in that country may not al-
ways be available as appropriate benchmarks.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) apply to petitions filed under sec-
tion 702 of the Tariff Act of 1930 on or after the date 
of the enactment of this Act. 
(d) ANTIDUMPING PROVISIONS NOT AFFECTED.— 
The amendments made by subsections (a) and (b) shall 
not affect the status of a country as a nonmarket economy 
country for the purposes of any matter relating to anti-
dumping duties under the Tariff Act of 1930. 
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SEC. 402. CLARIFICATION TO INCLUDE EXCHANGE-RATE 
MANIPULATION AS COUNTERVAILABLE SUB-
SIDY UNDER TITLE VII OF THE TARIFF ACT 
OF 1930. 
(a) 
AMENDMENTS
TO
DEFINITION
OF 
COUNTERVAILABLE SUBSIDY.—Section 771(5)(D) of the 
Tariff Act of 1930 (19 U.S.C. 1677(5)(D)) is amended— 
(1) by striking ‘‘The term’’ and inserting ‘‘(i) 
The term’’; 
(2) by redesignating clauses (i) through (iv) as 
subclauses (I) through (IV), respectively; and 
(3) by adding at the end the following: 
‘‘(ii) In addition to clause (i), the term 
‘provides a financial contribution’ means to en-
gage in exchange-rate manipulation (as defined 
in paragraph (5C)).’’. 
(b) DEFINITION
OF EXCHANGE-RATE MANIPULA-
TION.—Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended by inserting after paragraph (5B) the 
following new paragraph: 
‘‘(5C) DEFINITION OF EXCHANGE-RATE MANIP-
ULATION.— 
‘‘(A) IN GENERAL.—For purposes of para-
graphs (5) and (5A), the term ‘exchange-rate 
manipulation’ 
means 
protracted 
large-scale 
intervention by an authority to undervalue its 
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currency in the exchange market that prevents 
effective balance-of-payments adjustment or 
that gains an unfair competitive advantage over 
any other country. 
‘‘(B) FACTORS.—In determining whether 
exchange-rate manipulation is occurring and a 
benefit thereby conferred, the administering au-
thority in each case— 
‘‘(i) shall consider the exporting coun-
try’s— 
‘‘(I) 
bilateral 
balance-of-trade 
surplus or deficit with the United 
States; 
‘‘(II) balance-of-trade surplus or 
deficit with its other trading partners 
individually and in the aggregate; 
‘‘(III) foreign direct investment 
in its territory; 
‘‘(IV) currency-specific and ag-
gregate amounts of foreign currency 
reserves; and 
‘‘(V) mechanisms employed to 
maintain its currency at a fixed ex-
change rate relative to another cur-
rency and, particularly, the nature, 
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duration, monetary expenditures, and 
potential monetary expenditures of 
those mechanisms; 
‘‘(ii) may consider such other eco-
nomic factors as are relevant; and 
‘‘(iii) shall measure the trade sur-
pluses or deficits described in subclauses 
(I) and (II) of clause (i) with reference to 
the trade data reported by the United 
States and the other trading partners of 
the exporting country, unless such trade 
data are not available or are demonstrably 
inaccurate, in which case the exporting 
country’s trade data may be relied upon if 
shown to be sufficiently accurate and 
trustworthy. 
‘‘(C) TYPE
OF
ECONOMY.—An authority 
found to be engaged in exchange-rate manipula-
tion may have either a market economy or a 
nonmarket economy or a combination thereof.’’. 
SEC. 403. ITC STUDY OF SUBSIDIES BY PEOPLE’S REPUBLIC 
OF CHINA. 
(a) INVESTIGATION.—The United States Inter-
national Trade Commission shall conduct a study, under 
section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), 
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regarding how the People’s Republic of China uses govern-
ment intervention to promote investment, employment, 
and exports. The study shall comprehensively catalog, and 
when possible quantify, the practices and policies that cen-
tral, provincial, and local government bodies in the Peo-
ple’s Republic of China use to support and to attempt to 
influence decisionmaking in China’s manufacturing enter-
prises and industries. Chapters of this study shall include, 
but not be limited to, the following: 
(1) Privatization and private ownership. 
(2) Nonperforming loans. 
(3) Price coordination. 
(4) Selection of industries for targeted assist-
ance. 
(5) Banking and finance. 
(6) Utility rates. 
(7) Infrastructure development. 
(8) Taxation. 
(9) Restraints on imports and exports. 
(10) Research and development. 
(11) Worker training and retraining. 
(12) Rationalization and closure of uneconomic 
enterprises. 
(b) TIMING OF REPORTS ON STUDY.—The Congress 
requests that— 
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(1) not later than 9 months after the date of 
the enactment of this Act, the International Trade 
Commission complete its study under subsection (a) 
and submit a report on the study to the Committee 
on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate; and 
(2) not later than 1 year after the report under 
paragraph (1) is submitted, and annually thereafter 
through 2016, the International Trade Commission 
prepare and submit to the committees referred to in 
paragraph (1) an update of the report. 
TITLE V—STRENGTHENING U.S. 
UNFAIR TRADE LAWS 
Subtitle A—Determination of 
Dumping 
SEC. 501. POLLING OF INDUSTRY SUPPORT IN ANTI-
DUMPING CASES. 
Section 732(c)(4)(D) of the Tariff Act of 1930 (19 
U.S.C. 1673a(c)(5)(D)) is amended by adding at the end 
the following flush sentences: 
‘‘If a petitioner requests that polling be done 
because of the large number of producers, the 
administering authority shall obtain from rel-
evant Federal agencies lists of producers that 
are compiled for other purposes, including re-
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ports of the Census Bureau and the United 
States Department of Agriculture, to permit 
such polling. If the agencies are unable or un-
willing to supply such information because of 
privacy or other restrictions, the administering 
authority shall not poll the industry, but shall 
exercise its authority to initiate an investigation 
under subsection (a)(1) if the information in 
the petition otherwise warrants the initiation of 
such an investigation.’’. 
SEC. 502. NEW SHIPPER BONDING PRIVILEGE. 
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); and 
(2) by redesignating clause (iv) as clause (iii). 
SEC. 503. PREVENTION OF CIRCUMVENTION. 
Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 
1677j(c)) is amended by adding at the end the following 
new paragraph: 
‘‘(3) SPECIAL
RULE.—The administering au-
thority shall apply paragraph (1) with respect to al-
tered merchandise excluded from the merchandise 
description used in an outstanding order or finding, 
if such application is not inconsistent with the af-
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firmative determination of the Commission on which 
the order or finding is based.’’. 
SEC. 504. ABSORPTION OF ANTIDUMPING DUTIES. 
Section 772(d)(1) of the Tariff Act of 1930 (19 
U.S.C. 1677a(d)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’; 
(2) in subparagraph (D), by adding ‘‘and’’ after 
the semicolon; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) the amount of any antidumping duty 
determined to be due, unless evidence of record 
demonstrates that such duty will be paid by a 
purchaser not affiliated with the producer or 
exporter.’’. 
SEC. 505. ABSORPTION OF ANTIDUMPING DUTIES IN SUN-
SET REVIEW. 
Section 751(a)(4) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(4)) is amended to read as follows: 
‘‘(4) ABSORPTION OF ANTIDUMPING DUTIES.— 
During any review under this subsection initiated— 
‘‘(A) 2 years or 4 years after the publica-
tion of an antidumping duty order under sec-
tion 736(a), or 
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‘‘(B) after publication of a determination 
under this section to continue an order or sus-
pension agreement, 
the administering authority, if requested, shall deter-
mine whether antidumping duties have been ab-
sorbed by a foreign producer or exporter subject to 
the order if the subject merchandise is sold in the 
United States through an importer who is affiliated 
with that foreign producer or exporter. The admin-
istering authority may make such a determination at 
its discretion, if requested, during a review initiated 
in any other year under this section. The admin-
istering authority shall notify the Commission of its 
findings regarding such duty absorption for the 
Commission to consider in conducting a review 
under subsection (c).’’. 
SEC. 506. EXPORT PRICE AND CONSTRUCTED EXPORT 
PRICE. 
Section 772(c)(2)(A) of the Tariff Act of 1930 (19 
U.S.C. 1677a(c)(2)(A)) is amended by inserting ‘‘(includ-
ing countervailing duties imposed under this title to offset 
any nonexport subsidies)’’ after ‘‘duties’’. 
SEC. 507. NONMARKET ECONOMY METHODOLOGY. 
Section 773(c)(4) of the Tariff Act of 1930 (19 
U.S.C. 1677b(c)(4)) is amended to read as follows: 
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‘‘(4) VALUATION
OF
FACTORS
OF
PRODUC-
TION.— 
‘‘(A) IN GENERAL.—The administering au-
thority, in valuing factors of production under 
paragraph (1), shall utilize, to the extent pos-
sible, the prices or costs of factors of production 
in one or more market economy countries that 
are— 
‘‘(i) at a level of economic develop-
ment comparable to that of the nonmarket 
economy country; and 
‘‘(ii) significant producers of com-
parable merchandise. 
In this paragraph, the term ‘surrogate’ refers to 
the values, calculations, and market economy 
countries used under this subparagraph. 
‘‘(B) VALUING MATERIALS USED IN PRO-
DUCTION.—In determining the value of mate-
rials used in production under subparagraph 
(A), the following applies: 
‘‘(i) The administering authority may 
use the value of inputs that are purchased 
from market economy suppliers and are 
not suspected of being dumped or sub-
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sidized, only for the quantity of such pur-
chases. 
‘‘(ii) All materials purchased or other-
wise obtained from nonmarket economy 
countries shall be valued using surrogate 
values under subparagraph (A). 
‘‘(iii) A purchased material shall be 
viewed as suspected of being subsidized if 
there are any affirmative findings by the 
United States or another WTO member of 
export subsidy programs in the supplying 
country. 
‘‘(iv) A purchased material shall be 
viewed as suspected of being dumped if 
there are any affirmative findings by the 
United States or other WTO member of 
dumping in the general category of mer-
chandise, or if information supplied by the 
petitioner or otherwise of record suggests 
significant underpricing to the purchaser 
in the nonmarket economy country. 
‘‘(v) Surrogate values for materials 
from a market economy country shall be 
disregarded as not reflective of prices in 
that surrogate market only if prices in that 
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market are viewed as aberrational, such as 
a case in which prices undersell or exceed 
any reported price in that surrogate mar-
ket by a large amount. 
‘‘(vi) There shall be a presumption 
that the administering authority will in-
clude all market prices from a surrogate 
market. Prices that are high or low shall 
be excluded only when it is demonstrated 
that the prices are not reflective of prices 
in the surrogate country for the relevant 
category of merchandise. 
‘‘(vii) If amounts pertaining to the 
cost of production of imports into a surro-
gate country from market economy sup-
pliers are used for valuing the materials 
used, such amounts shall be valued on the 
basis of CIF (cost, insurance, and freight), 
plus duties paid, to provide a proxy for 
prices in the surrogate country competing 
with locally produced goods. Such values 
shall not be reduced by the import duties. 
‘‘(C) VALUING LABOR.— 
‘‘(i) The administering authority may 
use an average of wage rates for market 
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economies, but shall ensure that labor 
rates used fully reflect all labor costs, in-
cluding benefits, health care, and pension 
costs. 
‘‘(ii) Labor shall be the total labor 
employed by a nonmarket economy country 
producer or used by a nonmarket economy 
country producer in the overall business, 
with allocations to other merchandise pro-
duced or sold by that producer that is not 
subject merchandise. 
‘‘(iii) Labor shall reflect the average 
labor for all other producers in the non-
market economy country that are pro-
ducing the particular merchandise subject 
to investigation or review, and shall not be 
limited to operations used for export. 
‘‘(D) VALUING FACTORY OVERHEAD, GEN-
ERAL
SELLING
AND
ADMINISTRATIVE
EX-
PENSES, AND PROFIT.— 
‘‘(i) IN GENERAL.—The administering 
authority shall use the best information 
available with respect to likely values of 
factory overhead, general selling and ad-
ministrative expenses, and profit from a 
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surrogate country. If the values determined 
under subparagraphs (B) and (C) for ma-
terials used and labor consumed result in 
amounts that are demonstrably larger or 
smaller than the amounts used in deter-
mining surrogate ratios from financial or 
other reports from a surrogate country, ad-
justments shall be made to the ratios to re-
flect fully the level of such costs and prof-
its in the surrogate country on a per item 
produced basis. 
‘‘(ii) RATIO DEFINED.—For purposes 
of this subparagraph, the term ‘ratios’ 
means— 
‘‘(I) the ratio of factory overhead 
to labor, materials, and energy; 
‘‘(II) the ratio of general selling 
and administrative costs to factory 
overhead, labor, materials, and en-
ergy; and 
‘‘(III) the ratio of profit to gen-
eral selling and administrative costs, 
factory overhead, labor, materials, and 
energy. 
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‘‘(E) USE
OF
CONFIDENTIAL
INFORMA-
TION FROM A DOMESTIC PRODUCER IN A SUR-
ROGATE COUNTRY.—The administering author-
ity shall generally use publicly available infor-
mation to value factors of production, except 
that, in a case in which any foreign producer in 
the surrogate country used by the administering 
authority is willing to provide information on 
factors of production to produce the same class 
of merchandise and such information is subject 
to verification, the administering authority shall 
accept and use such information. The relation-
ship of the foreign producer providing the infor-
mation to a party to the proceeding shall not be 
a basis for disqualification.’’. 
SEC. 508. ADJUSTMENT OF CONSTRUCTED VALUES FOR IM-
PUTED CREDIT COSTS. 
Section 773(a)(8) of the Tariff Act of 1930 (19 
U.S.C. 1677b(a)(8)) is amended by inserting the following 
before the period: ‘‘, except that constructed value may 
not be adjusted by deducting imputed credit expenses’’. 
SEC. 509. DETERMINATIONS ON THE BASIS OF FACTS 
AVAILABLE. 
Section 776(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1677e(a)(2)(B) is amended to read as follows: 
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‘‘(B) fails to provide such information by 
the deadline for submission of the information 
or in the form and manner required, and in 
conformity with prior administering authority 
determinations in the proceeding and final judi-
cial decisions in the proceeding, subject to sub-
sections (c)(1) and (e) of section 782,’’. 
Subtitle B—Determination of 
Subsidization 
SEC. 521. COUNTERVAILABLE SUBSIDY. 
(a) DEFINITION OF COUNTERVAILABLE SUBSIDY.— 
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)), as amended by section 401(b) of this Act, 
is further amended by adding at the end the following: 
‘‘If there is a reasonable indication that a financial con-
tribution by the provision of goods or services has dis-
torted prices for those goods or services in the country 
that is subject to the investigation or review, or if data 
regarding such prices are otherwise unavailable, then the 
administering authority shall measure adequacy of remu-
neration by reference to data regarding prices for the 
same or a similar good or service from outside the country 
that is subject to the investigation or review. The admin-
istering authority shall adjust such data to the extent 
practicable to reflect prevailing market conditions in that 
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country. If there is a reasonable indication that prices 
within a political subdivision, dependent territory, or pos-
session of a foreign country are distorted, or data are not 
available, then the administering authority shall measure 
adequacy of remuneration in that political subdivision, de-
pendent territory, or possession by reference to data from 
the most comparable area or region in which prices are 
not distorted, regardless of whether it is in the same coun-
try.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any determination under sec-
tion 705 or 751 of the Tariff Act of 1930 (19 U.S.C. 
1671d, 1675) that is made on or after January 1, 2002, 
including published determinations for which judicial or 
binational panel review has been initiated or completed 
pursuant to section 516A of that Act (19 U.S.C. 1516a). 
To the extent that the amendment made by subsection (a) 
may be relevant to any such determination that has al-
ready been made, the administering authority shall amend 
the determination and associated countervailing duty 
order to bring them into compliance with the amendment 
made by subsection (a), and shall undertake new adminis-
trative proceedings, if necessary, to do so. 
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Subtitle C—Determination of 
Material Injury 
SEC. 531. PERIOD TO DETERMINE MATERIAL INJURY. 
Section 771(7)(A) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(A)) is amended by adding at the end 
thereof the following: ‘‘In cases other than critical cir-
cumstances, the Commission shall, in making its prelimi-
nary and final determinations of material injury under 
this title, select an appropriate period for evaluating the 
applicable statutory criteria up to the date on which the 
petition is filed or on which the administering authority 
initiates the investigation, as the case may be.’’. 
SEC. 532. CAPTIVE PRODUCTION. 
Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(C)(iv)) is amended to read as follows: 
‘‘(iv) CAPTIVE
PRODUCTION.—If do-
mestic producers transfer internally, in-
cluding to affiliated persons as defined in 
paragraph (33), significant production of 
the domestic like product for the produc-
tion of a downstream article and sell sig-
nificant production of the domestic like 
product in the merchant market, then the 
Commission, in determining market share 
and the factors affecting financial perform-
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ance set forth in clause (iii), shall focus 
primarily on the merchant market for the 
domestic like product.’’. 
SEC. 533. PRICE. 
Section 771(7)(C)(ii) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(C)(ii)) is amended by adding at the end 
the following flush sentence: 
‘‘The Commission shall not conclude that 
imports of the subject merchandise do not 
have a significant effect on prices merely 
because of the volume of imports of the 
subject merchandise.’’. 
SEC. 534. VULNERABILITY OF INDUSTRY; CUMULATION. 
(a) Section 771(7)(C)(iii) of the Tariff Act of 1930 
(19 U.S.C. 1677(7)(C)(iii)) is amended in the last sen-
tence by striking the period at the end and inserting ‘‘, 
including whether the industry is vulnerable to the effects 
of imports of the subject merchandise.’’. 
(b) CUMULATION.—Section 771(7)(G)(i) of the Tar-
iff Act of 1930 (19 U.S.C. 1677(7)(G)(i)) is amended to 
read as follows: 
‘‘(i) IN GENERAL.—For purposes of 
clauses (i) and (ii) of subparagraph (C), 
and subject to clause (ii), the Commission 
shall cumulatively assess the volume and 
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effect of imports of the subject merchan-
dise from all countries subject to petitions 
filed under section 702(b) or 732(b), or 
subject to investigations initiated under 
702(a) or 732(a), if such petitions were 
filed, or such investigations were initiated, 
within 90 days before the date on which 
the Commission is required to make its 
final injury determination, and if such im-
ports compete with each other and with 
the domestic like product in the United 
States market.’’. 
SEC. 535. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND 
INJURY. 
Section 771(7)(E)(ii) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(E)(ii)) is amended by adding at the end 
the following: ‘‘The Commission need not determine the 
significance of imports of the subject merchandise relative 
to other economic factors.’’. 
SEC. 536. PERISHABLE AGRICULTURAL PRODUCTS. 
(a) DEFINITION OF INDUSTRIES.—Section 771(4)(A) 
of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is 
amended by adding at the end the following: ‘‘If the Com-
mission determines that an agricultural product has a 
short shelf life and is a perishable product, the Commis-
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sion shall treat the producers of the product in a defined 
period or season as the domestic industry. If the sub-
heading under the Harmonized Tariff Schedule of the 
United States for an agricultural product has a 6- or 8- 
digit classification based on the period of time during the 
calendar year in which the product is harvested or im-
ported, such periods of time constitute a defined period 
or season for purposes of this paragraph.’’. 
(b) 
DETERMINATION
OF
INJURY.—Section 
771(7)(D) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(D)) is amended by adding at the end the fol-
lowing new clauses: 
‘‘(iii) In the case of an agricultural in-
dustry involving a perishable product with 
a short shelf life, if a request for seasonal 
evaluation has been made by the peti-
tioners, the Commission shall consider the 
factors under subparagraph (C) on a sea-
sonal basis during the period identified as 
relevant. 
‘‘(iv) In the case of agricultural prod-
ucts, partially picked or unpicked crops 
and abandoned acreage may be considered 
in lieu of other measures of capacity and 
capacity utilization. 
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‘‘(v) The impact of other factors, such 
as weather, on agricultural production and 
producers shall not be weighed against the 
contribution of the imported subject mer-
chandise to the condition of the domestic 
industry.’’. 
SEC. 537. ANTIDUMPING CASES AGAINST THE EUROPEAN 
UNION. 
Section 771(3) of the Tariff Act of 1930 (19 U.S.C. 
1677(3)) is amended by adding ‘‘other than those involv-
ing the European Union’’ after ‘‘except for the purpose 
of antidumping proceedings’’. 
SEC. 538. VERIFICATION BY THE COMMISSION. 
(a) IN GENERAL.—Section 782 of the Tariff Act of 
1930 (19 U.S.C. 1677m) is amended by adding at the end 
the following: 
‘‘(j) VERIFICATION BY THE COMMISSION.—The Com-
mission shall verify information submitted by any foreign 
producer relied upon in making— 
‘‘(1) a final determination in an investigation, 
and 
‘‘(2) a final determination in a review under 
section 751(c).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to any investigation 
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or review that is pending on, or is commenced on or after, 
the date of the enactment of this Act. 
Subtitle D—General Provisions 
SEC. 541. DETERMINATION OF CASH DEPOSIT RATES. 
Section 751(a)(2)(C) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(C)) is amended by adding at the end 
the following: ‘‘The ad valorem rate calculated for the as-
sessment of duties shall be used as the ad valorem rate 
for deposits of estimated duties.’’. 
SEC. 542. EXCHANGE OF INFORMATION BETWEEN AND 
AMONG AGENCIES. 
(a) PROPRIETARY INFORMATION.—Section 777(b) of 
the Tariff Act of 1930 (19 U.S.C. 1677f(b)) is amended 
by adding at the end the following: 
‘‘(4) EXCHANGE
OF
INFORMATION
BETWEEN 
AND AMONG AGENCIES.—Notwithstanding any other 
provision of law, proprietary information submitted 
to the administering authority, the Commission, or 
the Bureau of Customs and Border Protection may 
be exchanged between and among those agencies 
upon their request or upon the request of an inter-
ested party, under the following circumstances: 
‘‘(A) Proprietary information submitted to 
the administering authority or to the Commis-
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sion may be exchanged between such agencies 
if— 
‘‘(i) an interested party identifies pro-
prietary information submitted for the 
record at one agency that is inconsistent 
with information of record at the other 
agency; 
‘‘(ii) an interested party identifies 
proprietary information submitted at one 
agency that is directly relevant to an issue 
presented in proceedings before the other 
agency; or 
‘‘(iii) the administering authority or 
the Commission believes that the incorpo-
ration of proprietary information sub-
mitted at the other agency would be help-
ful in reaching its determination in the 
proceeding. 
‘‘(B) Proprietary information submitted to 
the administering authority, the Commission, or 
the Bureau of Customs and Border Protection 
may be exchanged between and among such 
agencies at the request of the agency or the re-
quest of an interested party if such exchange 
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would facilitate the administration and enforce-
ment of the law. 
‘‘(5) USE DURING PROCEEDINGS.—Proprietary 
as well as nonproprietary information of record sub-
mitted to or generated by the administering author-
ity or the Commission during any segment of a pro-
ceeding (including information from the Bureau of 
Customs and Border Protection) may be incor-
porated into the record of any other segment of the 
same proceeding and released by the administering 
authority under a protective order to qualified appli-
cants if— 
‘‘(A) an interested party identifies propri-
etary information submitted during one seg-
ment of the proceeding that is inconsistent with 
information submitted in another segment of 
the proceeding; 
‘‘(B) an interested party identifies propri-
etary information submitted during one seg-
ment of the proceeding that is directly relevant 
to an issue presented in another segment of the 
proceeding; or 
‘‘(C) the administering authority or the 
Commission believes that the incorporation of a 
selected portion of the record from one segment 
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of the proceeding would be helpful in reaching 
its determination in another segment of the 
proceeding.’’. 
(b) LIMITED
DISCLOSURE
UNDER
PROTECTIVE 
ORDER.—Section 777(c)(1)(A) of the Tariff Act of 1930 
(19 U.S.C. 1677f(c)(1)(A)) is amended by adding at the 
end the following: ‘‘The proprietary information released 
pursuant to this subparagraph under a protective order 
shall include the records of the Bureau of Customs and 
Border Protection and the administering authority that 
are used by those agencies to liquidate entries and assess 
and collect antidumping and countervailing duties, includ-
ing the underlying entry documents.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to any proceeding 
under title VII of the Tariff Act of 1930 that is pending 
on, or is commenced on or after, the date of the enactment 
of this Act. 
SEC. 543. LIQUIDATION OF CERTAIN ENTRIES. 
Section 504(d) of the Tariff Act of 1930 (19 U.S.C. 
1504(d)) is amended by adding at the end the following: 
‘‘In the case of any entry that is subject to a antidumping 
or countervailing duty order, the preceding sentence shall 
not apply, and such entry shall be liquidated at the rate 
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finally determined by the administering authority or re-
viewing court.’’. 
SEC. 544. ASSISTANT ATTORNEY GENERAL FOR TRADE LAW 
ENFORCEMENT. 
(a) APPOINTMENT.—Subtitle D of title VII of the 
Tariff Act of 1930 (19 U.S.C. 1677 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 784. ASSISTANT ATTORNEY GENERAL FOR TRADE 
LAW ENFORCEMENT. 
‘‘The President shall appoint, by and with the advice 
and consent of the Senate, an Assistant Attorney General 
for Trade Law Enforcement. The Assistant Attorney Gen-
eral for Trade Law Enforcement shall be responsible for 
investigating and prosecuting fraud in any proceeding 
under this title.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII of the Tariff Act of 1930 is amended 
by inserting after the item relating to section 783 the fol-
lowing new item: 
‘‘Sec. 784. Assistant Attorney General for Trade law Enforcement.’’. 
(c) COMPENSATION.—Section 5315 of title 5, United 
States Code, is amended by inserting after ‘‘Assistant At-
torneys General (10)’’ the following: 
‘‘Assistant Attorney General for Trade Law 
Enforcement.’’. 
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Subtitle E—Effective Date 
SEC. 551. EFFECTIVE DATE. 
Except as provided in sections 521(b), 538(b), and 
542(c), the amendments made by this title shall apply with 
respect to determinations made under title VII of the Tar-
iff Act of 1930 that— 
(1) are made with respect to investigations ini-
tiated or petitions filed on or after the date of the 
enactment of this Act; or 
(2) have not become final as of such date of en-
actment. 
TITLE VI—SAFEGUARD 
AMENDMENTS 
Subtitle A—Safeguards in General 
SEC. 601. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE 
TRADE ACT OF 1974. 
(a) TEST FOR POSITIVE ADJUSTMENTS TO IMPORT 
COMPETITION.—Section 201(a) of the Trade Act of 1974 
(19 U.S.C. 2251(a)) is amended by striking ‘‘be a sub-
stantial cause of serious injury, or the threat thereof,’’ and 
inserting ‘‘cause or threaten to cause serious injury’’. 
(b) INVESTIGATIONS AND DETERMINATIONS.—Sec-
tion 202 of such Act (19 U.S.C. 2252) is amended— 
(1) in subsection (b)(1)(A), by striking ‘‘be a 
substantial cause of serious injury, or the threat 
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thereof,’’ and inserting ‘‘cause or threaten to cause 
serious injury’’; 
(2) by amending subsection (b)(1)(B) to read 
as follows: 
‘‘(B) For purposes of this section, the term 
‘cause’ refers to a cause that contributes signifi-
cantly to serious injury, or the threat thereof, to the 
domestic industry but need not be equal to or great-
er than any other cause.’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1)(A) to read 
as follows: 
‘‘(A) with respect to serious injury— 
‘‘(i) change in the level of sales, pro-
duction, productivity, capacity utilization, 
profits and losses, and employment; 
‘‘(ii) the significant idling of produc-
tive facilities in the domestic industry; 
‘‘(iii) the inability of a significant 
number of firms to carry out domestic pro-
duction operations at a reasonable level of 
profit; and 
‘‘(iv) significant unemployment or 
underemployment within the domestic in-
dustry;’’; 
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(B) in paragraph (1)(B)— 
(i) in clause (iii) by striking ‘‘; and’’ 
and inserting ‘‘, and’’; and 
(ii) by inserting after clause (iii) the 
following: 
‘‘(iv) foreign production capacity, for-
eign inventories, the level of demand in 
third country markets, and the availability 
of other export markets to absorb any ad-
ditional exports; and’’; 
(C) by amending paragraph (1)(C) to read 
as follows: 
‘‘(C) with respect to cause— 
‘‘(i) the rate, amount, and timing of 
the increase in imports of the product con-
cerned in absolute and relative terms, in-
cluding whether there has been a substan-
tial increase in imports over a short period 
of time; and 
‘‘(ii) the share of the domestic market 
taken by increased imports.’’; 
(D) by redesignating paragraphs (3) 
through (6) as paragraphs (5) through (8), re-
spectively; 
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(E) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) In making determinations under subpara-
graphs (A) and (B) of paragraph (1), if domestic 
producers internally transfer, including to affiliated 
persons as defined in section 771(33) of the Tariff 
Act of 1930, significant production of the article like 
or directly competitive with the imported article for 
the production of a downstream article and sell sig-
nificant production of the article like or directly 
competitive with the imported article in the mer-
chant market, then the Commission, in determining 
market share and the factors affecting financial per-
formance set forth in subparagraphs (A) and (B) of 
paragraph (1), shall focus primarily on the merchant 
market for the article like or directly competitive 
with the imported article. 
‘‘(3) In making determinations under sub-
section (b), the Commission shall— 
‘‘(A) consider the condition of the domestic 
industry over the course of the relevant busi-
ness cycle, but may not aggregate the causes of 
declining demand associated with a recession or 
economic downturn in the United States econ-
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