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S.1130 - Strengthening America's Trade Laws Act
A bill to strengthen the United States trade laws and for other purposes.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
TITLE I--DISPUTE SETTLEMENT
Subtitle A--Findings, Purpose, and Definitions
Subtitle B--Participation in WTO Panel Proceedings
Subtitle C--Congressional Advisory Commission on WTO Dispute Settlement
Subtitle D--Congressional Approval of Regulatory Action Relating to Adverse WTO Decisions
Subtitle E--Clarification of Rights and Obligations Through Negotiations
TITLE II--STRENGTHENING ANTIDUMPING AND COUNTERVAILING DUTY LAWS
TITLE III--EXPANSION OF APPLICABILITY OF COUNTERVAILING DUTIES
TITLE IV--LIMITATION ON PRESIDENTIAL DISCRETION IN ADDRESSING MARKET DISRUPTION
SEC. 101. CONGRESSIONAL FINDINGS AND PURPOSE.
(1) The United States joined the World Trade Organization as an original member with the goal of creating an improved global trading system and providing expanded economic opportunities for United States workers, farmers, and businesses.CommentsClose CommentsPermalink
(3) Successful operation of the WTO dispute settlement system was critical to congressional approval of the Uruguay Round Agreements and is critical to continued support by the United States for the WTO. In particular, it is imperative that dispute settlement panels and the Appellate Body--CommentsClose CommentsPermalink
(C) not add to the obligations, or diminish the rights, of WTO members under the Uruguay Round Agreements in violation of Articles 3.2 and 19.2 of the Dispute Settlement Understanding.CommentsClose CommentsPermalink
(4) An increasing number of reports by dispute settlement panels and the Appellate Body have raised serious concerns within the Congress about the ability of the WTO dispute settlement system to operate in accordance with paragraph (3).CommentsClose CommentsPermalink
(5) In particular, several reports of dispute settlement panels and the Appellate Body have added to the obligations and diminished the rights of WTO members, particularly under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Safeguards.CommentsClose CommentsPermalink
(6) In order to come into compliance with reports of dispute settlement panels and the Appellate Body that have been adopted by the Dispute Settlement Body, the Congress may need to amend or repeal 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 (3).CommentsClose CommentsPermalink
(b) Purpose- It is the purpose of this subtitle to provide for the establishment of the Congressional Advisory Commission on WTO Dispute Settlement to provide objective and impartial advice to the Congress on the operation of the dispute settlement system of the World Trade Organization.CommentsClose CommentsPermalink
SEC. 102. DEFINITIONS.
(A) in a proceeding of a dispute settlement panel or the Appellate Body that is initiated against the United States, a finding by the panel or the Appellate Body that any law, regulation, practice, or interpretation of the United States, or any State, is inconsistent with the obligations of the United States under a Uruguay Round Agreement (or nullifies or impairs benefits accruing to a WTO member under such an Agreement); orCommentsClose CommentsPermalink
(B) in a proceeding of a panel or the Appellate 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 complained against is not inconsistent with that party’s obligations under a Uruguay Round Agreement (or does not nullify or impair benefits accruing to the United States under such an Agreement).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink
(5) DISPUTE SETTLEMENT PANEL; PANEL- The terms ‘dispute settlement panel’ and ‘panel’ mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding.CommentsClose CommentsPermalink
(6) 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 Agreements Act (
(B) a corporation, partnership, labor organization, 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.CommentsClose CommentsPermalink
SEC. 111. PARTICIPATION IN WTO PANEL PROCEEDINGS.
a 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 matters in dispute shall be permitted to participate in consultations and panel or Appellate Body proceedings. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such person.CommentsClose CommentsPermalink
(b) Access to Information- The Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with the WTO dispute settlement proceeding in which such persons are participating. The Trade Representative shall promulgate regulations to protect information designated as confidential in the proceeding.CommentsClose CommentsPermalink
(1) consult in advance with such person regarding the content of written submissions from the United States to the panel or Appellate Body concerned or to the other member countries involved;CommentsClose CommentsPermalink
(2) include, if appropriate, such person or the person’s appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel or Appellate Body;CommentsClose CommentsPermalink
(3) allow such person, if such person would bring special knowledge to the proceeding, to appear before the panel or Appellate Body, directly or through counsel, under the supervision of responsible United States Government officials; andCommentsClose CommentsPermalink
SEC. 121. ESTABLISHMENT OF COMMISSION.
(a) Establishment- There is established a commission to be known as the Congressional Advisory Commission on WTO Dispute Settlement (in this subtitle referred to as the ‘Commission’).CommentsClose CommentsPermalink
(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 each of the appropriate congressional committees. Commissioners shall be chosen without regard to political affiliation and solely on the basis of each Commissioner’s fitness to perform the duties of a Commissioner.CommentsClose CommentsPermalink
(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 each be appointed for a term of 3 years.CommentsClose CommentsPermalink
(A) IN GENERAL- Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made and shall be subject to the same conditions as the original appointment.CommentsClose CommentsPermalink
(h) Funding- Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence 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 Commission.CommentsClose CommentsPermalink
SEC. 122. DUTIES OF THE COMMISSION.
(2) SCOPE OF REVIEW- The Commission shall advise the Congress in connection with each adverse finding under paragraph (1)(A) or (1)(B)(i) or other finding under paragraph (1)(B)(ii) on--CommentsClose CommentsPermalink
(iii) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and the Appellate Body in the applicable Uruguay Round Agreement; orCommentsClose CommentsPermalink
(iv) deviated from the applicable standard of review, including in antidumping, countervailing duty, and other 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;CommentsClose CommentsPermalink
(B) whether the finding is consistent with the original 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 (
(C) what actions, if any, the United States should take in response to the finding, including any proposals to amend, rescind, or otherwise modify a law, regulation, practice, or interpretation of the United States.CommentsClose CommentsPermalink
(3) NO DEFERENCE- In advising the Congress under paragraph (2), the Commission shall not accord deference to findings of law made by the dispute settlement panel or the Appellate Body, as the case may be.CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 150 days after the date on which the Commission receives notice of a report or request under section 123(b), the Commission shall make a written determination with respect to the matters described in paragraph (2) of subsection (a), including a full analysis of the basis for its determination. A vote by a majority of the members of the Commission shall constitute a determination of the Commission, although the members need not agree on the basis for their vote.CommentsClose CommentsPermalink
(B) DISSENTING OR CONCURRING OPINIONS- Any member of the Commission who disagrees with a determination of the Commission or who concurs in such a determination on a basis different from that of the Commission or other members of the Commission, may write an opinion expressing such disagreement or concurrence, as the case may be.CommentsClose CommentsPermalink
(2) REPORT- The Commission shall promptly report the determinations described in paragraph (1)(A) to the appropriate congressional committees. The Commission shall include with the report any opinions written under paragraph (1)(B) with respect to the determination.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 123. POWERS OF THE COMMISSION.
(a) Hearings- The Commission may hold a public hearing to solicit views concerning an adverse finding or other finding described in section 122(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 hearing held pursuant to this subsection.CommentsClose CommentsPermalink
(A) UNDER SECTION 122(a)(1)(A)- The Trade Representative shall advise the Commission not later than 5 business days after the date the Dispute Settlement Body adopts an adverse finding that is to be reviewed by the Commission under section 122(a)(1)(A).CommentsClose CommentsPermalink
(B) UNDER SECTION 122(a)(1)(B)- Either of the appropriate congressional committees may make and notify the Commission of a request under section 122(a)(1)(B) not later than 1 year after the Dispute Settlement Body adopts the adverse finding or other finding that is the subject of the request.CommentsClose CommentsPermalink
(C) FINDINGS ADOPTED PRIOR TO APPOINTMENT OF COMMISSION- With respect to any adverse finding or other finding to which section 122(a)(1)(B) applies and that is adopted before the date on which the first members of the Commission are appointed under section 121(b)(2), either of the appropriate congressional committees may make and notify the Commission of a request under section 122(a)(1)(B) with respect to the adverse finding or other finding not later than 1 year after the date on which the first members of the Commission are appointed under section 121(b)(2).CommentsClose CommentsPermalink
(C) INFORMATION FROM FEDERAL AGENCIES AND DEPARTMENTS- The Commission may secure directly from any Federal department 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.CommentsClose CommentsPermalink
(A) IN GENERAL- The Trade Representative shall make available to the Commission all submissions and relevant documents relating to an adverse finding described in section 122(a)(1), including any information contained in such submissions and relevant documents identified by the provider of the information as proprietary information or information designated as confidential by a foreign government.CommentsClose CommentsPermalink
(B) PUBLIC ACCESS- Any document that the Trade Representative submits to the Commission shall be available to the public, except information that is identified as proprietary or confidential or the disclosure of which would otherwise violate the rules of the WTO.CommentsClose CommentsPermalink
(1) ADMINISTRATIVE ASSISTANCE- Any agency or department of the United States that is designated 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.CommentsClose CommentsPermalink
(A) DOCUMENTS AND INFORMATION FROM AGENCIES- The Commission shall protect from disclosure any document or information submitted to it by a department or agency of the United States that the agency or department requests be kept confidential.CommentsClose CommentsPermalink
(B) DISCLOSURE OF DOCUMENTS AND INFORMATION OF COMMISSION- The Commission shall not be considered to be an agency for purposes of
SEC. 131. CONGRESSIONAL APPROVAL OF REGULATORY ACTIONS RELATING TO ADVERSE WTO DECISIONS.
‘(F) the appropriate congressional committees have received the report on the determinations of the Congressional Advisory Commission on WTO Dispute Settlement under section 122(b)(2) of the Strengthening America’s Trade Laws Act with respect to the relevant dispute settlement panel or Appellate Body decision;CommentsClose CommentsPermalink
‘(G) a joint resolution, described in paragraph (2), approving the proposed modification or final rule is enacted into law after the appropriate congressional committees receive the report on the determinations of the Congressional Advisory Commission on WTO Dispute Settlement under section 122(b)(2) of the Strengthening America’s Trade Laws Act; and’; andCommentsClose CommentsPermalink
‘(A) IN GENERAL- For the purposes of paragraph (1)(G), a joint resolution is a joint resolution of the 2 Houses of the Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the modifications to the regulation or practice of the United States proposed in a report submitted to the Congress under subparagraph (D) or (F) of section 123(g)(1) of the Uruguay Round Agreements Act (
19 U.S.C. 3533(g)(1) (D)and (F)) on XXXXXXX, relating to XXXXXX.’, with the first blank space being filled with the date on which the report is submitted to the Congress and the second blank space being filled with the specific modification proposed to the regulation or practice of the United States.CommentsClose CommentsPermalink
‘(B) PROCEDURAL PROVISIONS- The procedural provisions of subsections (d) through (i) of section 206 of the Strengthening America’s Trade Laws Act shall apply to a joint resolution described in subparagraph (A).’.CommentsClose CommentsPermalink
(A) IN GENERAL- Modifications to any regulation or practice of a department or agency of the United States made pursuant to the provisions of section 123(g) of the Uruguay Round Agreements Act (
(B) APPROVAL OF MODIFICATIONS- On or after the date of the enactment of this Act, the Trade Representative and the head of the department or agency within whose jurisdiction the modification described in subparagraph (A) falls may seek approval of such modification pursuant to the procedures set out in section 123(g)(1) of the Uruguay Round Agreements Act (
SEC. 141. CLARIFICATION OF RIGHTS AND OBLIGATIONS IN THE WTO THROUGH NEGOTIATIONS.
(a) In General- After an adverse finding, the United States shall work within the World Trade Organization to obtain clarification of the Uruguay Round Agreement to which the adverse finding applies to conform the Agreement to the understanding of the United States regarding the rights and obligations of the United States and shall not modify the law, regulation, practice, or interpretation of the United States in response to the adverse finding if--CommentsClose CommentsPermalink
(3) the Congressional Advisory Commission on WTO Dispute Resolution makes a determination under section 122(a)(2)(A)(ii) that the adverse finding has created obligations never agreed to by the United States.CommentsClose CommentsPermalink
(A) IN GENERAL- Any agency that modified a regulation, practice, or interpretation in response to an adverse finding between January 1, 2002 and the date of the enactment of this Act shall provide notice that the modification shall cease to have force and effect on the date that is 30 days after the date of the enactment of this Act and such modification shall cease to have force and effect on such date.CommentsClose CommentsPermalink
(I) on the basis of petitions filed under section 702(b), 732(b), or 783(a) of the Tariff Act of 1930 (
(B) CLARIFICATION OF UNITED STATES RIGHTS- If a statute of the United States has been modified in response to an adverse finding, the United States shall obtain clarification of the rights and obligations of the United States affected by the adverse finding pursuant to subsection (a).CommentsClose CommentsPermalink
SEC. 201. PREVENTION OF CIRCUMVENTION.
‘(3) SPECIAL RULE- The administering authority may exclude altered merchandise from the class or kind of merchandise subject to an investigation and order or finding described in paragraph (1), if such exclusion is not inconsistent with the affirmative determination of the Commission on which the order or finding is based.’.CommentsClose CommentsPermalink
SEC. 202. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.
Section 772(c)(2)(A) of the Tariff Act of 1930 (
SEC. 203. NONMARKET ECONOMY METHODOLOGY.
‘(A) IN GENERAL- The administering authority, in valuing factors of production under paragraph (1), shall utilize, to the extent possible, the prices or costs of factors of production in one or more market economy countries that are--CommentsClose CommentsPermalink
‘(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 subsidized, only for the quantity of such purchases.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 merchandise, or if information supplied by the petitioner or otherwise of record suggests significant underpricing to the purchaser in the nonmarket economy country.CommentsClose CommentsPermalink
‘(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 market are viewed as aberrational, such as a case in which prices undersell or exceed any reported price in that surrogate market by a large amount.CommentsClose CommentsPermalink
‘(vi) There shall be a presumption that the administering authority will include 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.CommentsClose CommentsPermalink
‘(vii) If amounts pertaining to the cost of production of imports into a surrogate country from market economy suppliers 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.CommentsClose CommentsPermalink
‘(i) The administering authority may use an average of wage rates for market economies, but shall ensure that labor rates used fully reflect all labor costs, including benefits, health care, and pension costs.CommentsClose CommentsPermalink
‘(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 produced or sold by that producer that is not subject merchandise.CommentsClose CommentsPermalink
‘(iii) Labor shall reflect the average labor for all other producers in the nonmarket economy country that are producing the particular merchandise subject to investigation or review, and shall not be limited to operations used for export.CommentsClose CommentsPermalink
‘(i) IN GENERAL- The administering authority shall use the best information available with respect to likely values of factory overhead, general selling and administrative expenses, and profit from a surrogate country. If the values determined under subparagraphs (B) and (C) for materials used and labor consumed result in amounts that are demonstrably larger or smaller than the amounts used in determining surrogate ratios from financial or other reports from a surrogate country, adjustments shall be made to the ratios to reflect fully the level of such costs and profits in the surrogate country on a per item produced basis.CommentsClose CommentsPermalink
‘(E) USE OF CONFIDENTIAL INFORMATION FROM A FOREIGN PRODUCER IN A SURROGATE COUNTRY- The administering authority shall generally use publicly available information to value factors of production, except that, in a case in which any foreign producer in the surrogate country that is willing to provide information to the administering authority 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 relationship of the foreign producer providing the information to a party to the proceeding shall not be a basis for disqualification.’.CommentsClose CommentsPermalink
SEC. 204. DETERMINATIONS ON THE BASIS OF FACTS AVAILABLE.
‘(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 judicial decisions in the proceeding, subject to subsections (c)(1) and (e) of section 782,’.CommentsClose CommentsPermalink
SEC. 205. CLARIFICATION OF DETERMINATION OF MATERIAL INJURY.
‘(J) CLARIFICATION OF DETERMINATION OF MATERIAL INJURY- In determining if there is material injury, or threat of material injury, by reason of imports of the subject merchandise, the Commission shall make the Commission’s determination without regard to--CommentsClose CommentsPermalink
SEC. 206. REVOCATION OF NONMARKET ECONOMY COUNTRY STATUS.
(b) Notification by President; Joint Resolution- Whenever the administering authority makes a final determination under section 771(18)(C)(i)(I) of the Tariff Act of 1930 (
(1) the President shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of that determination not later than 10 days after the publication of the administering authority’s final determination in the Federal Register;CommentsClose CommentsPermalink
(c) Definition- For purposes of this section, the term ‘joint resolution’ means only a joint resolution of the 2 Houses of the Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the change of nonmarket economy status with respect to the products of XXXXX transmitted by the President to the Congress on XXXXX.’, the first blank space being filled in with the name of the country with respect to which a determination has been made under section 771(18)(C)(i) of the Tariff Act of 1930 (
(d) Introduction- A joint resolution shall be introduced (by request) in the House by the majority leader of the House, for himself, or by Members of the House designated by the majority leader of the House, and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself, or by Members of the Senate designated by the majority leader of the Senate.CommentsClose CommentsPermalink
(e) Amendments Prohibited- No amendment to a joint resolution shall be in order in either the House of Representatives or the Senate, and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent.CommentsClose CommentsPermalink
(1) IN GENERAL- If the committee or committees of either House to which a joint resolution has been referred have not reported the joint resolution at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. A vote on final passage of the joint resolution shall be taken in each House on or before the close of the 15th day after the joint resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the joint resolution. If, prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then--CommentsClose CommentsPermalink
(2) COMPUTATION OF DAYS- For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded any day on which that House is not in session.CommentsClose CommentsPermalink
(1) MOTION PRIVILEGED- A motion in the House of Representatives to proceed to the consideration of a joint resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.CommentsClose CommentsPermalink
(2) DEBATE LIMITED- Debate in the House of Representatives on a joint resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution or to move to reconsider the vote by which a joint resolution is agreed to or disagreed to.CommentsClose CommentsPermalink
(3) MOTIONS TO POSTPONE- Motions to postpone, made in the House of Representatives with respect to the consideration of a joint resolution, and motions to proceed to the consideration of other business, shall be decided without debate.CommentsClose CommentsPermalink
(4) APPEALS- All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution shall be decided without debate.CommentsClose CommentsPermalink
(5) OTHER RULES- Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.CommentsClose CommentsPermalink
(1) MOTION PRIVILEGED- A motion in the Senate to proceed to the consideration of a joint resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.CommentsClose CommentsPermalink
(2) DEBATE LIMITED- Debate in the Senate on a joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.CommentsClose CommentsPermalink
(3) CONTROL OF DEBATE- Debate in the Senate on any debatable motion or appeal in connection with a joint resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.CommentsClose CommentsPermalink
(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such subsections (c) through (h) are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of joint resolutions described in subsection (c), and subsections (c) through (h) supersede other rules only to the extent that they are inconsistent therewith; andCommentsClose CommentsPermalink
(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.CommentsClose CommentsPermalink
SEC. 301. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMIES AND STRENGTHENING APPLICATION OF THE LAW.
(a) In General- Section 701(a)(1) of the Tariff Act of 1930 (
(b) Definition of Countervailable Subsidy- Section 771(5)(E) of the Tariff Act of 1930 (
(c) Effective Date- The amendments made by subsections (a) and (b) apply to petitions filed under section 702 of the Tariff Act of 1930 (
(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 antidumping duties under subtitle B of title VII of the Tariff Act of 1930 (
SEC. 302. TREATMENT OF EXCHANGE-RATE MANIPULATION AS COUNTERVAILABLE SUBSIDY UNDER TITLE VII OF THE TARIFF ACT OF 1930.
(b) Definition of Exchange-Rate Manipulation- Section 771 of the Tariff Act of 1930 (
‘(A) IN GENERAL- For purposes of paragraphs (5) and (5A), the term ‘exchange-rate manipulation’ means protracted large-scale intervention by a country to undervalue the country’s currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country.CommentsClose CommentsPermalink
‘(V) mechanisms employed to maintain its currency at a fixed exchange rate relative to another currency and, particularly, the nature, duration, monetary expenditures, and potential monetary expenditures of those mechanisms;CommentsClose CommentsPermalink
‘(iii) shall measure the trade surpluses 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.CommentsClose CommentsPermalink
SEC. 303. AFFIRMATION OF NEGOTIATING OBJECTIVE ON BORDER TAXES.
The Congress reaffirms the negotiating objective relating to border taxes set forth in section 2102(b)(15) of the Bipartisan Trade Promotion Authority Act of 2002 (
SEC. 304. PRESIDENTIAL CERTIFICATION; APPLICATION OF COUNTERVAILING DUTY LAW.
(1) IN GENERAL- The President shall certify to the Congress by January 1, 2012, that, under the Agreement on Subsidies and Countervailing Measures or subsequent agreement of the World Trade Organization, the full or partial exemption, remission, or deferral specifically related to exports of direct taxes is treated in the same manner as the full or partial exemption, remission, or deferral specifically related to exports of indirect taxes.CommentsClose CommentsPermalink
(2) EFFECT OF FAILURE TO CERTIFY- If the President does not make the certification to Congress required by paragraph (1) by January 1, 2012, the Secretary of Commerce, in any investigation conducted under subtitle A of title VII of the Tariff Act of 1930 (
(1) AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES- The term ‘Agreement on Subsidies and Countervailing Measures’ means the agreement referred to in section 101(d)(12) of the Uruguay Round Agreements Act (
(2) DIRECT TAXES- The term ‘direct taxes’ means taxes on wages, profits, interest, rents, royalties, and all other forms of income, and taxes on the ownership of real property.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) FULL OR PARTIAL EXEMPTION, REMISSION, OR DEFERRAL SPECIFICALLY RELATED TO EXPORTS OF DIRECT TAXES- The term ‘full or partial exemption, 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, remitted, or deferred by the Government by reason of the export by that business concern of its products from the United States.CommentsClose CommentsPermalink
(6) FULL OR PARTIAL EXEMPTION, REMISSION, OR DEFERRAL SPECIFICALLY RELATED TO EXPORTS OF INDIRECT TAXES- The term ‘full or partial exemption, remission, or deferral specifically related to exports of indirect taxes’ means indirect taxes that are paid to the government of a country by a business concern and are fully or partially exempted, remitted, or deferred by that government by reason of the export by that business concern of its products from that country.CommentsClose CommentsPermalink
(2) TERMINATION OF COUNTERVAILING DUTY ORDERS- Any countervailing 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 such date.CommentsClose CommentsPermalink
SEC. 401. ACTION TO ADDRESS MARKET DISRUPTION.
(1) in subsection (a), by striking ‘to the extent and for such period’ and all that follows to the end period and inserting ‘as recommended by the International Trade Commission’;CommentsClose CommentsPermalink
(2) in subsection (e), by striking ‘agreed upon by either group’ and all that follows to the end period and inserting ‘shall be considered an affirmative determination’;CommentsClose CommentsPermalink
(A) in the flush sentence at the end of paragraph (1), by striking ‘agreed upon by either group’ and all that follows to the end period and inserting ‘shall be deemed an affirmative determination’; andCommentsClose CommentsPermalink
(7) by amending paragraph (1) of subsection (l) to read as follows: ‘(1) The President’s implementation of the International Trade Commission remedy shall be published in the Federal Register.’;CommentsClose CommentsPermalink
‘(m) Effective Date of Relief- Import relief under this section shall take effect on the date the International Trade Commission’s recommendation is published in the Federal Register, but not later than 15 days after the date of the Commission’s vote recommending the relief.’;CommentsClose CommentsPermalink
‘(n) Modification of Relief- Any import relief that includes an increase in duty or the imposition of import restrictions shall be for a period not to exceed 3 years.’; andCommentsClose CommentsPermalink