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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Civil Aircraft Trade Enforcement Act
of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--The Congress makes the following findings:
(1) Airbus Industrie is a multinational consortium of 4
aircraft manufacturers organized to develop, produce, and sell
large civil aircraft.
(2) Airbus Industrie's shareholders are Aerospatiale of
France, British Aerospace of the United Kingdom, Deutsche
Aerospace of the Federal Republic of Germany, and
Construcciones Aeronauticas S.A. of Spain.
(3) The governments of the countries of the Airbus
Industrie member companies have signed agreements guaranteeing
political and financial support for Airbus Industrie's aircraft
programs.
(4) The United States Department of Commerce has
commissioned an analysis of the various Airbus Industrie
aircraft programs in order to advise the United States
Government regarding the economic performance of Airbus
Industrie programs, to document the past levels of government
support provided to the Airbus Industrie member companies by
their respective governments, to assess the financial viability
of Airbus Industrie aircraft programs to determine whether such
programs could have been undertaken by a commercial entity, and
to examine the effects of Airbus Industrie on the United States
aircraft, aircraft engine, and avionics manufacturing
industries.
(5) The Department of Commerce analysis concluded that--
(A) the governments of France, the Federal Republic
of Germany, and the United Kingdom provided
$8,200,000,000 to support Airbus Industrie member
companies through 1989,
(B) another $2,300,000,000 in government support
had been pledged as of 1989 for the Airbus A330/A340
program,
(C) the government of the Federal Republic of
Germany committed $3,000,000,000 to Deutsche Aerospace
as part of the merger between Daimler-Benz and MBB, the
parent company of Deutsche Aerospace,
(D) the total government funds committed to Airbus
Industrie would be valued at $25,900,000,000, if Airbus
Industrie were required to pay commercial rates for the
government support it received through 1989,
(E) the governments of the countries of the Airbus
Industrie member companies have provided almost 75
percent of the development funds for the various Airbus
Industrie aircraft,
(F) the financial analysis of Airbus Industrie
indicates that there is little likelihood that this
government support will be repaid in full,
(G) Airbus Industrie programs, taken individually
or as a group, have not been and will not become
commercially viable in the foreseeable future; all
programs have a negative net present value when the
cash flows are discounted at the average commercial
borrowing rate in Europe,
(H) if Airbus Industrie continues to sell its
aircraft at subsidized prices, United States aircraft
manufactures will lose market share even while being
pressured to lower their own prices,
(I) as a consequence, both current and expected
profits for United States aircraft manufacturers will
decline due to continued government support for Airbus
Industrie programs,
(J) reduced profits on current United States
aircraft programs have significant impacts because
United States aircraft manufacturers have traditionally
relied heavily upon internally generated funds to make
the necessary multibillion dollar investments in new
aircraft programs, and
(K) lower than expected profits on existing United
States aircraft programs may discourage the
introduction of new, advanced-technology United States
aircraft at the same time that Airbus Industrie is
introducing advanced technology models.
(6) Airbus Industrie's worldwide market share of jet
aircraft orders has increased from 7 percent in 1980 to 28
percent in 1992, while the worldwide market share for United
States aircraft manufacturers has declined from 88 percent in
1980 to 63 percent in 1992.
(7) Airbus Industrie's market share of United States jet
aircraft orders has increased from zero percent in 1980 to 44
percent in 1992, while the United States market share for
United States aircraft has declined from 100 percent in 1980 to
56 percent in 1992.
(8) United States imports of Airbus Industrie large civil
aircraft have increased from $133,000,000 in 1981 to
$844,000,000 in the first 3 quarters (January-September) of
1992.
(9) Employment in the United States civil aircraft
manufacturing industry has declined from approximately 326,000
positions in 1989, to an estimated 266,000 positions in 1993.
(b) Purpose.--The purpose of this Act is to initiate a
countervailing duty investigation with respect to large civil aircraft
produced by Airbus Industrie.

SEC. 3. DEFINITIONS.

For purposes of this Act--
(1) Secretary.--The term ''Secretary'' means the Secretary
of Commerce.
(2) Commission.--The term ''Commission'' means the United
States International Trade Commission.
(3) Large civil aircraft.--The term ''large civil
aircraft'' means aircraft, other than military aircraft,
described in subheading 8802.40.00 of the Harmonized Tariff
Schedule of the United States.
(4) Administering authority.--The term ''administering
authority'' has the meaning given such term by section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(5) Interested party.--The term ''interested party'' has
the meaning given such term by section 771(9) of the Tariff Act
of 1930 (19 U.S.C. 1677(9)).

SEC. 4. INITIATION OF COUNTERVAILING DUTY INVESTIGATION.

(a) Collection of Information.--Not later than 5 days after the
date of the enactment of this Act, the Secretary shall begin collecting
information regarding--
(1) subsidies provided by France, the Federal Republic of
Germany, and the United Kingdom to Airbus Industrie member
companies with respect to the manufacture, production, and
exportation of large civil aircraft imported or sold for
importation into the United States, and
(2) whether the United States large civil aircraft
manufacturing industry is materially injured, or is threatened
with material injury, by reason of imports of Airbus Industrie
large civil aircraft, or by reason of sales (or the likelihood
of sales) of Airbus Industrie large civil aircraft for
importation.
(b) Initiation of Investigation.--Not later than 45 days after the
date of the enactment of this Act, the administering authority shall
initiate a countervailing duty investigation pursuant to section 702(a)
of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to imports
and sales for import of civil aircraft manufactured by Airbus
Industrie.
(c) Application of Title VII of the Tariff Act of 1930.--Except as
otherwise provided in this Act, the provisions of title VII of the
Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall apply to the
countervailing duty investigation initiated under this section with
respect to Airbus Industrie.
(d) Termination or Suspension of Investigation.--
(1) Termination.--Subsections (a) and (k) of section 704 of
the Tariff Act of 1930 (19 U.S.C. 1671c) shall not apply to the
investigation initiated pursuant to subsection (b) of this
section.
(2) Suspension.--The investigation initiated pursuant to
subsection (b) of this section may be suspended pursuant to
subsection (b) or (c) of section 704 of such Act, if the
requirements of paragraph (3) are satisfied.
(3) Suspension of investigation procedure.--The
requirements of this paragraph are satisfied, if, not less than
30 days before suspending the investigation, the administering
authority--
(A) notifies the Committee on Finance of the
Senate, the Committee on Ways and Means of the House of
Representatives, the Commission, and other parties to
the investigation, of the administering authority's
intention to suspend the investigation,
(B) consults with such committees regarding such
suspension,
(C) provides a copy of the proposed agreement to
such committees, together with an explanation of--
(i) how the agreement will be carried out
and enforced,
(ii) how the agreement meets the
requirements of either subsections (b) and (d)
of section 704 of the Tariff Act of 1930, or
subsections (c) and (d) of such section 704,
and
(iii) any action required of the foreign
governments, and
(D) permits all interested parties to submit
comments and information for the record before the date
on which notice of suspension of the investigation is
published.
A:
Civil Aircraft Trade Enforcement Act of 1993 - Directs the Secretary of Commerce (Secretary) to collect information on: (1) subsidies provided by France, Germany, and the United Kingdom to Airbus Industrie member companies with respect to the manufacture and exportation of large civil aircraft to the United States; and (2) whether the U.S. large civil aircraft manufacturing industry is materially injured, or threatened with material injury, by reason of such imports.
Requires the administering authority to initiate a countervailing duty investigation under the Tariff Act of 1930 with respect to such imports.