Clarification of authority to take actions with respect to certain foreign trade practices

(a)

In general

Title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended— (1)in section 301— (A)in subsection (c)(3)— (i)by striking (3) The actions and inserting (3)(A) The actions; (ii)by striking (A) on a and inserting (i) on a; (iii)by striking (B) without regard and inserting (ii) without regard; and (iv)by adding at the end the following:

(B)In addition to the authority provided by subparagraph (A), an action the Trade Representative is authorized to take under subsection (a) or (b) may be taken against any other foreign country with respect to motor cars and other motor vehicles principally designed for the transport of persons produced in such other country by— (i)a firm of the foreign country described in subsection (a) or (b), if the good of the foreign country described in subsection (a) or (b) is subject to an existing duty under this section; and (ii)a firm of the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea.

; and

(B)in subsection (d), by adding at the end the following:

(10)For purposes of subsection (c)(3)(B)— (A)the term any other foreign country means a foreign country that the Trade Representative has determined is exporting goods to the United States that are goods produced in such other country by a firm of the foreign country described in subsection (a) or (b); and (B)the term motor cars and other motor vehicles principally designed for the transport of persons means a motor vehicle that— (i)contains— (I)an internal combustion engine; (II)an internal combustion engine that also allows power to be delivered to the drive wheels by a battery-powered electric motor; or (III)an electric motor drawing electrical current from a portable source; and (ii)requires no further manufacturing operations to perform its intended function other than the addition of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting. (11)The term a firm of the foreign country, with respect to a foreign country described in subsection (a) or (b) or a country described in clause (ii) of subsection (c)(3)(B), means a firm, or a subsidiary of a firm, either headquartered in, or subject to the control of, such country.

; and

(2)in section 307(a), by adding at the end the following:

(3)Not later than 30 days before taking any action under paragraph (1) to modify or terminate any action taken under section 301 on the basis described in section 301(c)(3)(B), the Trade Representative shall— (A)consult with the petitioner, if any, and with representatives of the domestic industry concerned; and (B)provide opportunity for the presentation of views by persons affected by such modification or termination, including in the form of a public hearing upon request, concerning— (i)the effects of the proposed modification or termination; and (ii)whether any modification or termination of the action is appropriate. (4)The Trade Representative may, in addition to taking any action under paragraph (1) to modify or terminate any action taken under section 301(c)(3)(B), take any additional action under section 301 if such additional action would maintain or enhance the effectiveness of an action taken under such section 301(c)(3)(B).

(b)

Effective date

The amendments made by subsection (a)— (1)take effect on the date of the enactment of this Act; and (2)apply with respect to any action of the President taken under section 301 of the Trade Act of 1974 before, on, or after such date of enactment.