(b) AMENDMENTS TO STANDARD FOR PRESIDENTIAL 
ACTION.—Section 421(k) of the Trade Act of 1974 (19 
U.S.C. 2451(k)) is amended by adding at the end the fol-
lowing: 
‘‘(3) The President’s determination shall be based on 
the facts found, or conclusions drawn, by the Commission 
as they are reported to the Trade Representative under 
subsection (g). 
‘‘(4) If the Commission in its report makes an affirm-
ative finding of market disruption, the President shall 
apply a presumption in favor of relief to prevent or remedy 
the market disruption. 
‘‘(5) Any determination by the President under para-
graph (1) that providing import relief is not in the na-
tional economic interest of the United States may not be 
based on the following factors: 
‘‘(A) The presence or absence (whether actual 
or potential) of third-country imports of the product 
under investigation. 
‘‘(B) Any results of the econometric model 
known as the Commercial Policy Analysis System 
(COMPAS) or equivalent model.’’. 
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Subtitle C—Report on Doha Round 
SEC. 621. REPORT. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act, the United States Trade 
Representative shall submit to the Congress a report ex-
plaining in detail how agreements resulting from negotia-
tions on the Doha Development Agenda of the World 
Trade Organization will implement the provisions of the 
Agreement on Antidumping, the Agreement of Subsidies 
and Countervailing Measures, and the Agreement on Safe-
guards, as such agreements were approved by the Con-
gress under section 101 of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511), as those provisions relate 
to the following issues: 
(1) The standard of review in the application of 
the Agreement on Antidumping, the Agreement on 
Subsidies and Countervailing Measures (SCM), and 
the Agreement on Safeguards. 
(2) Analysis of injury causation nonattribution 
under the WTO in the agreements referred to in 
paragraph (1). 
(3) The use of threat of injury analysis under 
the agreements referred to in paragraph (1). 
(4) The use of advisory opinions under the 
agreements referred to in paragraph (1). 
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(5) Consideration of sunset review waivers 
under the Agreement on Antidumping and the 
Agreement on SCM. 
(6) The application of a facts available stand-
ard under the Agreement on Antidumping and the 
Agreement on SCM. 
(7) Analysis of subsidies in the context of a pri-
vatization under the Agreement on SCM. 
(8) The treatment of export restraints under 
the Agreement on SCM. 
(9) The use of benchmark prices under the 
Agreement on SCM. 
(10) The application of pass-through analysis 
under the Agreement on SCM. 
(11) The treatment of equity infusions under 
the Agreement on SCM. 
(12) The treatment of nonperforming loans 
under the Agreement on SCM 
(13) The absence of a requirement to inves-
tigate unforeseen developments in analyses under 
the Agreement on Safeguards. 
(14) The absence of a requirement to show sud-
den and sharp increases in imports in analyses 
under the Agreement on Safeguards. 
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(15) The use of multiple averaging periods 
under the Agreement on Antidumping. 
(16) The calculation of the all others rate under 
the Agreement on Antidumping. 
(17) Analysis of zeroing under the Agreement 
on Antidumping. 
(18) Analysis of selling, general and adminis-
trative expenses, and profit under article 2.2.2(ii) of 
the Agreement on Antidumping. 
(b) DEFINITIONS.—In this section: 
(1) AGREEMENT ON ANTIDUMPING.—The term 
‘‘Agreement on Antidumping’’ means the Agreement 
on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 referred to in 
section 101(d)(7) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(7). 
(2) AGREEMENT ON SUBSIDIES AND COUNTER-
VAILING
MEASURES; AGREEMENT
ON
SCM.—The 
terms ‘‘Agreement on Subsidies and Countervailing 
Measures’’ and ‘‘Agreement on SCM’’ means the 
Agreement on Subsidies and Countervailing Meas-
ures referred to in section 101(d)(12) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3511(d)(12)). 
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(3) AGREEMENT ON SAFEGUARDS.—The term 
‘‘Agreement on Safeguards’’ means the Agreement 
on Safeguards referred to in section 101(d)(13) of 
the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(13)). 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. CONSTRUCTION. 
The amendments made by this Act shall not be con-
strued to create any inference with respect to the interpre-
tation of the provisions of law amended by this Act as 
such provisions were in effect before the enactment of this 
Act. 
SEC. 702. APPLICATION TO GOODS FROM CANADA AND 
MEXICO. 
Pursuant to section 1902 of the North American 
Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation Act, the 
amendments made by this Act shall apply to goods from 
Canada and Mexico. 
Æ 
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