United States Trade Rights Enforcement Act

Bill: 109-hr-3283
Sponsor: Rep. English, Phil [R-PA-3]
Introduced: 2005-07-14 in the House
Policy area: Foreign Trade and International Finance
Subjects: Agriculture and Food
Agriculture in foreign trade
American investments
Arts, Culture, Religion
Authorization
Balance of payments
Biotechnology
China
Civil Rights and Liberties, Minority Issues
Collection of accounts
Commerce
Computer crimes
Computer industry
Computer software
Congress
Congressional reporting requirements
Copyright
Corn
Cotton
Countervailing duties
Crime and Law Enforcement
Criminal investigation
Currency devaluation
Customs administration
Dispute settlement
Drug industry
Drugs
Dumping
East Asia
Economics and Public Finance
Embassies
Energy
Energy demand
Evidence (Law)
Exports
Federal employees
Finance and Financial Sector
Financial services
Food safety
Foreign corporations
Foreign exchange
Foreign investments
Fraud
Free enterprise
Free trade
Futures trading
Government Operations and Politics
Government and business
Government procurement
Government regulation
Governmental investigations
Grain
Health
Imports
Intellectual property
International Affairs
International agencies
International competitiveness
International cooperation
Internet
Law
Licenses
Motion pictures
Nontariff trade barriers
Office of the U.S. Trade Representative
Ombudsman
Patent infringement
Patents
Product counterfeiting
Prosecution
Rabbits
Raw materials
Recreation
Recruiting of employees
Right of property
Science, Technology, Communications
Small business
Sound recording and reproducing
Sports and Recreation
Subsidies
Surety and fidelity
Tariff
Telecommunication industry
Textile fabrics
Textile industry
Trade agreements
Trade fairs
Trade negotiations
U.S. International Trade Commission

Summary:
action_date: 2005-07-14
text: 
United States Trade Rights Enforcement Act - Expresses the sense of Congress about making the countervailing duty law under the Tariff Act of 1930 applicable to actions by nonmarket economy countries, and the impact on the U.S. economy of the huge growth in trade with the People's Republic of China (PRC).
 
Amends the Tariff Act of 1930 to impose countervailing duties on certain merchandise from nonmarket economy countries.
 
Suspends for three years the requirement that the administering authority direct the Customs Service to allow, at the option of the importer of such merchandise, the posting, until completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges). 
 
Requires the U.S. Trade Representative (USTR) and the Secretary of Commerce to ensure that specified steps are taken by the PRC to ensure its compliance with its international trade obligations regarding: (1) intellectual property rights; (2) access for exports of U.S. goods, services, and agriculture; and (3) a required detailed accounting of its subsidies to the World Trade Organization (WTO) by the end of 2005.
 
Requires the Secretary of the Treasury to report to specified congressional committees on: (1) the definition of currency manipulation; (2) actions of foreign countries that will be considered to be such; and (3) how statutory provisions addressing it by U.S. trading partners contained in, and relating to, the Bretton Woods Agreements Act and the Exchange Rates and International Economic Policy Coordination Act of 1988 can be better clarified administratively to provide for improved and more predictable evaluation.
 
Authorizes appropriations for the Office of the USTR and for the U.S. International Trade Commission.
 
Requires the Commission to study and report on trade and economic relations between the United States and the PRC.
 
Expresses the sense of Congress that the: (1) United States should strive to expand membership in the Agreement on Government Procurement of the WTO; (2) United States should ensure that the PRC meets its WTO obligations; (3) the United States should seek a commitment from the PRC to maintain its suspension of the implementation of its law on government procurement, pending the conclusion of negotiations to accede to the Agreement; (4) the United States should seek commitments from the PRC and other countries that are not yet members of the Agreement to implement the principles of openness, transparency, fair competition based on merit, nondiscrimination, and accountability in their government procurement as embodied in that Agreement; and (5) the President should direct all appropriate U.S. officials to raise these concerns with appropriate PRC officials and other trading partners.
 
 

 

action_date: 2005-07-27
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
United States Trade Rights Enforcement Act - (Sec. 2) Expresses the sense of Congress about making the countervailing duty law under the Tariff Act of 1930 applicable to actions by nonmarket economy countries, and the impact on the U.S. economy of the huge growth in trade with the People's Republic of China (PRC).
 
(Sec. 3) Amends the Tariff Act of 1930 to impose countervailing duties on certain merchandise from nonmarket economy countries.
 
Revises the definition of countervailable subsidy regarding countervailing duty investigations to provide that with respect to the PRC, if the Secretary of Commerce encounters special difficulties in calculating the amount of subsidy benefits to be conferred, the Secretary may use methodologies for identifying and measuring such subsidy benefits which take into account the possibility that prevailing terms and conditions in China may not always be available as appropriate benchmarks. Requires the administering authority, when applying such methodologies, where practicable, to adjust such prevailing terms and conditions before considering the use of those prevailing outside China.
 
Requires the Secretary of Commerce, in imposing countervailable duties and subsidies on a class or kind of merchandise of a nonmarket economy country, to ensure that: (1) no countervailable subsidy is double counted in an antidumping order on the same class or kind of merchandise of the country; and (2) the imposition of countervailable duties is consistent with U.S. international obligations.
 
(Sec. 4) Suspends for three years the requirement that the administering authority direct the Customs Service to allow, at the option of the importer of such merchandise, the posting, until completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges).
 
Requires the Secretary of the Treasury to report to specified congressional committees: (1) recommendations on whether such suspension should be extended; and (2) assessments of the effectiveness of any administrative measures that have been implemented to address the difficulties giving rise to the suspension.
 
Requires the Secretary of the Treasury to report to specified congressional committees, with recommendations for additional action, on the major problems experienced in the collection of duties, including fraudulent activities intended to avoid their payment.
 
(Sec. 5) Requires the U.S. Trade Representative (USTR) and, as appropriate, the Secretary of Commerce or the Secretary of Agriculture, to ensure that specified steps are taken by the PRC to ensure its compliance with its international trade obligations regarding: (1) intellectual property rights; (2) access for exports of U.S. goods, services, and agriculture; and (3) a required detailed accounting of its subsidies to the World Trade Organization (WTO) by the end of 2005.
 
Requires the President to report biannually and, as appropriate, monthly to specified congressional committees a description of: (1) the specific steps taken by the PRC to meet such obligations; (2) an analysis of the extent to which PRC officials are attempting in good faith to meet them; and (3) the actions, if any, the President will take to obtain PRC compliance. 
 
Directs the President, if he determines that the PRC has not met each of its specified intellectual property obligations or made significant improvements in protection of intellectual property rights in accordance with its trade obligations, to assign resources necessary to collect evidence of such trade agreement violations for use in dispute settlement proceedings against the PRC in the WTO.
 
(Sec. 6) Requires the Secretary of the Treasury to report to specified congressional committees on: (1) the definition of currency manipulation; (2) actions of foreign countries that will be considered to be such; (3) how statutory provisions addressing it by U.S. trading partners contained in, and relating to, the Bretton Woods Agreements Act and the Exchange Rates and International Economic Policy Coordination Act of 1988 can be better clarified administratively to provide for improved and more predictable evaluation; and (4) the mechanism adopted by the PRC government to relate its currency to a basket of foreign currencies and the degree to which such application moves the currency closer to a market-based representation of its value.
 
(Sec. 7) Authorizes appropriations for FY2006-FY2007 for the Office of the USTR.
 
Expresses the sense of Congress that the enforcement of U.S. rights and of the obligations of U.S. trading partners under trade agreements has gained such significance that the Office of USTR should: (1) determine which of its current positions is most responsible for carrying out these important enforcement duties; and (2) assign that position, in addition to any other title, the title of Chief Enforcement Officer.
 
(Sec. 8) Authorizes appropriations for FY2006-FY2007 for the U.S. International Trade Commission.
 
Requires the Commission to study and report to specified congressional committees on trade and economic relations between the United States and the PRC, addressing the PRC's economic policies, including its exchange rate policy, the competitiveness of its industries, the composition and nature of its trade patterns, and other elements impacting U.S. trade account, industry, competitiveness, and employment.
 
 
(Sec. 9) Expresses the sense of Congress that the United States should: (1) strive to expand membership in the Agreement on Government Procurement of the WTO; (2) ensure that the PRC meets its WTO obligations; (3) seek a commitment from the PRC to maintain its suspension of the implementation of its law on government procurement, pending the conclusion of negotiations to accede to the Agreement; and (4) seek commitments from the PRC and other countries that are not yet members of the Agreement to implement the principles of openness, transparency, fair competition based on merit, nondiscrimination, and accountability in their government procurement as embodied in that Agreement. Urges the President to direct all appropriate U.S. officials to raise these concerns with appropriate PRC officials and other trading partners.


Legislative actions:
action_date: 2005-07-28
text: Received in the Senate and Read twice and referred to the Committee on Finance.
action_date: 2005-07-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-07-27
text: On passage Passed by the Yeas and Nays: 255 - 168 (Roll no. 437). (text: CR H6842-6848)
action_date: 2005-07-27
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 255 - 168 (Roll no. 437).(text: CR H6842-6848)
action_date: 2005-07-27
text: On motion to recommit with instructions Failed by the Yeas and Nays: 195 - 232 (Roll no. 436).
action_date: 2005-07-27
text: The previous question on the motion to recommit with instructions was ordered pursuant to the rule. (consideration: CR H6855-6857)
action_date: 2005-07-27
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Cardin motion to recommit with instructions.
action_date: 2005-07-27
text: Mr. Cardin moved to recommit with instructions to Ways and Means. (consideration: CR H6855-6857; text: CR H6856)
action_date: 2005-07-27
text: The previous question was ordered pursuant to the rule. (consideration: CR H6855)
action_date: 2005-07-27
text: DEBATE - The House proceeded with one hour of debate on H.R. 3283.
action_date: 2005-07-27
text: Rule provides for consideration of H.R. 3283 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Measure will be considered read. Bill is closed to amendments.
action_date: 2005-07-27
text: Considered under the provisions of rule H. Res. 387. (consideration: CR H6842-6858)
action_date: 2005-07-27
text: Rule H. Res. 387 passed House.
action_date: 2005-07-26
text: Rules Committee Resolution H. Res. 387 Reported to House. Rule provides for consideration of H.R. 3283 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Measure will be considered read. Bill is closed to amendments.
action_date: 2005-07-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-07-26
text: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 240 - 186 (Roll no. 421).
action_date: 2005-07-26
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 240 - 186 (Roll no. 421).
action_date: 2005-07-26
text: Considered as unfinished business. (consideration: CR H6464-6465)
action_date: 2005-07-26
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2005-07-26
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3283.
action_date: 2005-07-26
text: Considered under suspension of the rules. (consideration: CR H6440-6452; text of measure as introduced: CR H6440-6444)
action_date: 2005-07-26
text: Mr. Thomas moved to suspend the rules and pass the bill, as amended.
action_date: 2005-07-14
text: Referred to the House Committee on Ways and Means.
action_date: 2005-07-14
text: Introduced in House
action_date: 2005-07-14
text: Introduced in House