[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2528 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2528

  To provide equity and fairness to United States industries, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 1993

 Mr. Regula (for himself, Mr. Murtha, Mr. Visclosky, and Mrs. Bentley) 
   introduced the following bill; which was referred jointly to the 
             Committees on Ways and Means and the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide equity and fairness to United States industries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Equity and 
Fairness Act of 1993''.
    (b) Table of Contents.--

Sec. 1. Short Title; Table of Contents.
        TITLE I--COUNTERVAILING AND ANTIDUMPING DUTY AMENDMENTS

Sec. 101. Final payment of antidumping and countervailing duties.
Sec. 102. Administration review of determinations.
Sec. 103. Post-initiation events and relevance to material injury 
                            determination.
Sec. 104. Determination of material injury.
Sec. 105. Publication of certain cash deposits and duties collected.
Sec. 106. Threat of injury standard.
Sec. 107. Actual and potential declines in material injury 
                            determination.
Sec. 108. Investigation of sales at less than cost of production.
Sec. 109. Cumulation.
Sec. 110. Dual pricing.
Sec. 111. Clarification of adjustment to foreign market value.
Sec. 112. Interest on post findings.
Sec. 113. Compensation awards.
Sec. 114. Diversionary input dumping.
Sec. 115. Upstream subsidies.
Sec. 116. Exportation from an intermediate country.
Sec. 117. Access to countervailing and antidumping duty collections 
                            data.
Sec. 118. Study for simplifying countervailing and antidumping duty 
                            actions.
Sec. 119. Special rule--relative United States content.
Sec. 120. Reimbursement of antidumping duties.
Sec. 121. Determination of United States price.
Sec. 122. Reliquidation of certain entries.
Sec. 123. Administrative reviews.
Sec. 124. Use of protective order information.
Sec. 125. Further manufactured goods.
Sec. 126. Use of constructed value.
Sec. 127. Patent equity and banned substances.
Sec. 128. Circumvention timelines and procedural requirements.
                   TITLE II--MARKET ACCESS PROVISIONS

Sec. 201. Access to Japanese market by motor vehicles and motor vehicle 
                            parts.
Sec. 202. Extension of ``Super 301'' authority.
              TITLE III--INTERNATIONAL TRADE NEGOTIATIONS

Sec. 301. Principal trade negotiation objectives and dispute 
                            settlement.
Sec. 302. Global structural excess capacity.
Sec. 303. Application of amendments to Mexico and Canada.
Sec. 304. International trade agreements on antidumping and trade 
                            distorting subsidies.
                TITLE IV--OTHER MISCELLANEOUS AMENDMENTS

Sec. 401. Restraint of U.S. trade or commerce.
Sec. 402. Authority to impose tariffs on countries refusing costs of 
                            joint defense assistance.
Sec. 403. Amendment on section 337 of the Tariff Act of 1930.
Sec. 404. Amendment of title 28, United States Code.
Sec. 405. International protection of patent rights.
Sec. 406. Cooperative productivity.
Sec. 407. Unfair methods of competition.
Sec. 408. Correction of inverted tariff.
Sec. 409. Horticultural study.
Sec. 410. Home appliances.
   TITLE V--PRIVATE RIGHT OF ACTION FOR RELIEF FROM CERTAIN FORMS OF 
                   ANTICOMPETITIVE PRICING PRACTICES

Sec. 501. Private right of action for relief from injurious industrial 
                            cross-subsidization and persistent sales 
                            below full cost of production.
            TITLE VI--FOREIGN CAPITAL AND SECURITIES MARKETS

Sec. 601. Foreign capital and securities markets study.

        TITLE I--COUNTERVAILING AND ANTIDUMPING DUTY AMENDMENTS

SEC. 101. FINAL PAYMENT OF ANTIDUMPING AND COUNTERVAILING DUTIES.

    (a) Section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e) is 
amended by adding at the end thereof the following new subsection:
    ``(d) Final Payment of Duty.--
            ``(1) Assessment and collection required.--Pursuant to the 
        administering authority's direction, the United States Customs 
        Service shall assess and collect the antidumping duty 
        determined for each entry of the merchandise from the first 
        purchaser in the United States that is independent of the 
        exporter, manufacturer, and producer, and persons defined as 
        the exporter in section 771(13).
            ``(2) Prohibition against absorption or reimbursement.--
                    ``(A) In general.--Neither the exporter, 
                manufacturer, and producer, and persons defined as the 
                exporter in section 771(13) nor any other person may 
                absorb or reimburse directly or indirectly to the first 
                unrelated purchaser in the United States the 
                antidumping duty determined for the merchandise.
                    ``(B) Certification.--Upon collection of the 
                antidumping duty, the administering authority through 
                the United States Customs Service shall obtain from the 
                first unrelated purchaser in the United States and the 
                exporter, manufacturer, and producer, including any 
                person deemed an exporter under section 771(13), 
                written certification as to whether or not absorption 
                or direct or indirect reimbursement of the antidumping 
                duty determined has occurred or will be effected in the 
                future. Failure to file such certification will be 
                construed as conclusive indication of unlawful final 
                payment of the antidumping duty determined by a person 
                other than the first unrelated purchaser in the United 
                States.
                    ``(C) Investigation.--The administering authority 
                with the assistance of the United States Customs 
                Service shall investigate whenever reasonable grounds 
                are present to believe or suspect that absorption or 
                direct or indirect reimbursement of the antidumping 
                duty determined has taken place.
                    ``(D) Enforcement.--If absorption or direct or 
                indirect reimbursement of the antidumping duty 
                determined is established, then, in addition to any 
                civil and criminal penalties that may be appropriate, 
                the administering authority shall have the United 
                States Customs Service assess and collect from the 
                first unrelated purchaser in the United States the 
                amount of the antidumping duty determined that is found 
                to have been absorbed or reimbursed together with 
                interest. Notwithstanding any other provision of law, 
                such reliquidation will be carried out with respect to 
                each entry as often as absorption or reimbursement is 
                confirmed for that entry. Final payment of the 
                antidumping duty detemined by any person other than the 
                first unrelated purchaser in the United States shall 
                not be returned.''.
    (b) Section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e) is 
amended by adding at the end thereof the following new subsection:
    ``(c) Final Payment of Duty.--
            ``(1) Assessment and collection required.--Pursuant to the 
        administering authority's direction, the United States Customs 
        Service shall assess and collect the countervailing duty 
        determined for each entry of the merchandise from the first 
        purchaser in the United States that is independent of the 
        exporter, manufacturer, and producer, and persons defined as 
        the exporter in section 771(13).
            ``(2) Prohibition against absorption or reimbursement.--
                    ``(A) In general.--Neither the exporter, 
                manufacturer, and producer, and persons defined as the 
                exporter in section 771(13) nor any other person may 
                absorb or reimburse directly or indirectly to the first 
                unrelated purchaser in the United States the 
                countervailing duty determined for the merchandise.
                    ``(B) Certification.--Upon collection of the 
                countervailing duty, the administering authority 
                through the United States Customs Service shall obtain 
                from the first unrelated purchaser in the United States 
                and the exporter, manufacturer, and producer, including 
                any person deemed an exporter under section 771(13), 
                written certification as to whether or not absorption 
                or direct or indirect reimbursement of the 
                countervailing duty determined has occurred or will be 
                effected in the future. Failure to file such 
                certification will be construed as a presumption of 
                unlawful final payment of the countervailing duty 
                determined by a person other than the first unrelated 
                purchaser in the United States.
                    ``(C) Investigation.--The administering authority 
                with the assistance of the United States Customs 
                Service shall investigate whenever reasonable grounds 
                are present to believe or suspect that absorption or 
                direct or indirect reimbursement of the countervailing 
                duty determined has taken place.
                    ``(D) Enforcement.--If absorption or direct or 
                indirect reimbursement of the countervailing duty 
                determined is established, then, in addition to any 
                civil and criminal penalties that may be appropriate, 
                the administering authority shall have the United 
                States Customs Service assess and collect from the 
                first unrelated purchaser in the United States the 
                amount of the countervailing duty determined that is 
                found to have been absorbed or reimbursed together with 
                interest. Notwithstanding any other provision of law, 
                such reliquidation will be carried out with respect to 
                each entry as often as absorption or reimbursement is 
                confirmed for that entry. Final payment of the 
                countervailing duty determined by any person other than 
                the first unrelated purchaser in the United States 
                shall not be returned.''.

SEC. 102. ADMINISTRATIVE REVIEW OF DETERMINATIONS.

    Section 751 of the Tariff Act of 1930 (19 U.S.C. 1675) is amended 
by adding at the end thereof the following new paragraph--
    ``(g) Annual Report to the House Ways and Means Committee and 
Senate Finance Committee.--By the close of February each year, the 
administering authority shall report to the House Ways and Means 
Committee and the Senate Finance Committee the number of administrative 
reviews commenced in the prior calendar year, the number of reviews 
completed during the calendar year within eighteen months of 
initiation, the number of reviews completed during the calendar year in 
longer than eighteen months after initiation, and for each review that 
remains incomplete at the end of the calendar year more than eighteen 
months after initiation, an estimated schedule for completion 
(including dates for preliminary and final determinations).''.

SEC. 103. POST-INITIATION EVENTS AND RELEVANCE TO MATERIAL INJURY 
              DETERMINATION.

    Section 771(7)(C) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)) 
is amended by adding at the end thereof the following: ``Except as 
specified in subparagraph (7)(C)(i), in evaluating volume and price 
effects pursuant to this subparagraph, the Commission may in its 
discretion disregard developments after the filing of the petition.''.

SEC. 104. DETERMINATION OF MATERIAL INJURY.

    (a) Volume of Imports.--Section 771(7)(C)(i) of the Tariff Act of 
1930 (19 U.S.C. 1677(7)(C)(i)) is amended by adding at the end thereof 
the following new sentence: ``An inference shall not be made that there 
is no material injury, if the volume of imports has decreased after the 
initiation of an investigation under section 702 or 732.''.
    (b) Price Competition.--Section 771(7)(C)(ii) of such Act (19 
U.S.C. 1677(7)(C)(ii)) is amended by inserting immediately after 
subclause (II) the following flush sentence: ``For purposes of this 
clause, the Commission shall compare the price at which imported 
merchandise is sold to the ultimate consumer with the price at which 
like products of the United States are sold to the ultimate 
consumer.''.

SEC. 105. PUBLICATION OF CERTAIN CASH DEPOSITS AND DUTIES COLLECTED.

    Section 487 is added to the Tariff Act of 1930, as amended (19 
U.S.C. 1487):

``SEC. 487. ANNUAL REPORT OF SELECTED DUTIES.

    ``(a) For merchandise subject to antidumping findings or orders or 
countervailing duty orders as those terms are defined in section 303 or 
title VII of the Tariff Act of 1930, as amended, the Secretary of the 
Treasury shall report not less frequently than once a year:
            ``(1) the quantity, declared value, and antidumping and/or 
        countervailing duty cash deposits by investigation number and 
        review period (as those terms are defined by the administering 
        authority (19 U.S.C. 1677(1))) for merchandise that remains 
        unliquidated;
            ``(2) the quantity, declared value, and antidumping and/or 
        countervailing duties collected by investigation number and 
        review period (as those terms are defined by the administering 
        authority (19 U.S.C. 1677(1))) for merchandise that has been 
        liquidated since the last report was issued; and
            ``(3) the quantity and declared value of any entries that 
        the Secretary has determined were liquidated without the 
        assessment of antidumping and/or countervailing duties without 
        a finding by the administering authority that such merchandise 
        was not liable for antidumping and/or countervailing duties; 
        the Secretary shall include in his report a summary of 
        allegations of non-payment and what steps, if any, were taken 
        to determine the magnitude of any premature liquidations.''.

SEC. 106. THREAT OF INJURY STANDARD.

    (a) Section 771(7)(F)(i) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(F)(i)) is amended by adding at the end thereof the following--
                            ``(XI) the actual and potential decline in 
                        order backlog of the domestic industry.
                            ``(XII) for purposes of subsection (F) the 
                        Commission shall give consideration to monthly 
                        or quarterly trend information through the 
                        month of the filing of the petition. Post-
                        initiation changes in trends should not result 
                        in a negative determination where trends to the 
                        time of filing would support an affirmative 
                        determination.''.

SEC. 107. ACTUAL AND POTENTIAL DECLINES IN MATERIAL INJURY 
              DETERMINATION.

    (a) Section 771(7)(C) of the Tariff Act of 1930, as amended (19 
U.S.C. 1677(7)(C)), is amended by adding at the end thereof the 
following: ``For the purposes of this subsection, the term `potential 
decline' means the decline that can be reasonably deduced by comparing 
actual performance to the performance (e.g., output, sales, etc.) that 
could have been but for the economic factors (including unfairly traded 
imports) which have a bearing on the state of the industry). The term 
`potential negative effects' means the adverse effects that can be 
reasonably deduced by comparing actual performance to the performance 
that could have been expected but for the economic factors (including 
unfairly traded imports) which have a bearing on the state of the 
industry. Where `actual declines' or `actual negative effects' are 
sufficient to warrant an affirmative determination, the Commission need 
not evaluate `potential declines' or `potential effects' under 
subsection (iii) (I), (III) and (IV).''.

SEC. 108. INVESTIGATION OF SALES AT LESS THAN COST OF PRODUCTION.

    (a) Section 773(b) of the Tariff Act of 1930 (19 U.S.C. 1677b(b)) 
is amended:
            (1) by inserting ``for all producers or exporter being 
        investigated or reviewed'' after the phrase ``at less than the 
        cost of producing the merchandise'' each time it appears in 
        paragraph (b); and
            (2) by inserting ``by any foreign producer or exporter'' 
        after ``have been made'' in subparagraph (b)(1).

SEC. 109. CUMULATION.

    (a) Cumulation.--Section 771(7)(C)(iv) of the Tariff Act of 1930 
(19 U.S.C. 1677 (7)(C)(iv)) is amended by adding at the end thereof the 
following new subclause:
                            ``(III) Look-back.--For purposes of clauses 
                        (i) and (ii) and subparagraph (F), if a 
                        petition is filed under this title with respect 
                        to a product or like product which was the 
                        basis of a final affirmative determination 
                        during the 3 years preceding the filing of such 
                        petition, the Commission shall consider as part 
                        of its investigation of the new petition the 
                        previous injurious dumping or subsidization as 
                        an important factor in determining the 
                        industry's vulnerability to continued or 
                        renewed material injury.''.
    (b) Concentration of Imports.--Section 771(4)(C) of such Act (19 
U.S.C. 1677(4)(C)) is amended by adding at the end thereof the 
following new sentence: ``Concentration of subsidized or dumped imports 
exists with respect to a market, if the percentage of subsidized or 
dumped imports to consumption of imports and domestically produced like 
products in such market is clearly higher than the percentage is in the 
rest of the United States.''.

SEC. 110. DUAL PRICING.

    Section 773(a)(4) of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(4)) 
is amended by adding at the end the following new sentence: ``No 
allowance shall be made to account for differences in input costs that 
are based on whether the end product made from the input is sold in the 
home market or exported.''.

SEC. 111. CLARIFICATION OF ADJUSTMENTS TO FOREIGN MARKET VALUE.

    (a) Section 773(a) of the Tariff Act of 1930, as amended (19 U.S.C. 
1677b(a)), is amended by inserting at the end of paragraph (a) the 
following: ``No adjustment shall be made to foreign market value 
because of adjustments made to United States price pursuant to section 
1677a (d) or (e) of title 19, United States Code.''.

SEC. 112. INTEREST ON POST FINDINGS.

    (a) Section 737 of the Tariff Act of 1930, as amended (19 U.S.C. 
1677g), is amended by changing subparagraph ``(b)'' to read ``(c)'' and 
inserting a new subparagraph (b)--
    ``(b) Special Rule for Interest on Post Finding Entries.--For 
antidumping findings made under the Antidumping Act, 1921, all entries 
made after the date of the finding which were entered under bond and 
remain unliquidated as of the date of enactment of this legislation 
shall be assessed interest from the date of entry to the date of 
liquidation, the bond being treated as a zero cash deposit for purposes 
of determining over or underpayment.''.

SEC. 113. COMPENSATION AWARDS.

    Section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e) is amended 
by adding at the end thereof the following new section:

``SEC. 736A. COMPENSATION AWARDS.

    ``(a) Definitions.--For the purposes of this section:
            ``(1) the term `affected domestic producer' means any 
        manufacturer or producer within the domestic industry with 
        respect to which an affirmative injury determination was made 
        in connection with an antidumping order;
            ``(2) the term `antidumping order' means an antidumping 
        duty order published under section 736 of the Tariff Act of 
        1930;
            ``(3) the term `Commission' means the United States 
        International Trade Commission;
            ``(4) the term `dumped merchandise' means merchandise with 
        respect to which an antidumping duty is imposed under an 
        antidumping order; and
            ``(5) the term `dumping period' means the period of time 
        during which foreign merchandise subject to an antidumping 
        order was sold, or offered for sale, in the United States at 
        less than fair value and applied by the Commission for purposes 
        of making a determination under section 735(b) of the Tariff 
        Act of 1930 with respect to the domestic industry that produced 
        a like or directly competitive product.
    ``(b) Application Process.--The Commission shall prescribe 
procedures governing when and the form and manner in which affected 
domestic producers may apply to the Commission for compensation under 
this section.
    ``(c) Determination of Compensation.--
            ``(1) Upon receiving a timely application under subsection 
        (b), the Commission shall determine if the applicant--
                    ``(A) is an affected domestic producer, and
                    ``(B) suffered any degree of economic injury during 
                the dumping period as a result of the sale, or offer 
                for sale, in the United States of the dumped 
                merchandise.
        This determination shall be completed by the 90th calendar day 
        from receipt of the application under subsection (b).
            ``(2) If the Commission makes an affirmative determination 
        under paragraphs (1) (A) and (B), it shall, within sixty 
        calendar days from such determination--
                    ``(A) determine the monetary value of the economic 
                injury that was suffered by the applicant; and
                    ``(B) issue to the applicant a compensation award 
                stating the amount of money which is payable to the 
                applicant from the appropriate special compensation 
                account established under subsection (d).
        Compensation award payable under this section shall be provided 
        to the affected domestic producers only so long as monies are 
        available within the appropriate special compensation account.
    ``(d) Special Compensation Accounts.--
            ``(1) On the date an antidumping duty order takes effect, 
        the Secretary of the Treasury (hereafter referred to as the 
        Secretary in this section) shall establish in the Treasury of 
        the United States a special compensation account with respect 
        to the order.
            ``(2) The Secretary shall deposit into a special 
        compensation account one-half of all antidumping duties that 
        are collected under the antidumping order with respect to which 
        the account was established.
            ``(3) The monies in a special compensation account shall be 
        available for payment of compensation awards issued under 
        subsection (c)(2) in conjunction with the antidumping order 
        with respect to which the account was established.
            ``(4) The Secretary shall by regulation prescribe the time 
        and manner in which payment of compensation awards from special 
        compensation accounts will be made. Additional compensation 
        payments can be made in future years if additional antidumping 
        duties are deposited in the account.
            ``(5) After a period of seven years from the date the 
        special compensation account is established, the Secretary 
        shall terminate the account and upon termination of said 
        account all antidumping duties collected under the antidumping 
        order with respect to which the account was established shall 
        be deposited into the general fund of the Treasury as 
        miscellaneous receipts.''.

SEC. 114. DIVERSIONARY INPUT DUMPING.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 167 et seq.) is amended by inserting after section 771B the 
following new section:

``SEC. 771C. DIVERSIONARY INPUT DUMPING.

    ``For purposes of this title, diversionary input dumping occurs 
when--
            ``(1) a producer or manufacturer incorporates into 
        merchandise under investigation a component or a material which 
        is the subject of--
                    ``(A) an antidumping duty order issued under 
                section 736, or
                    ``(B) an international arrangement or agreement 
                described in section 734, if such arrangement or 
                agreement was entered into after an affirmative 
                preliminary determination was made under section 
                733(b), and
            ``(2) the producer or manufacturer under investigation 
        purchased the material or component at a price which is less 
        than the foreign market value (determined under section 
        773(e)).''.
    (b) Foreign Value.--
            (1) In general.--Paragraph (2) of section 773(a) of such 
        act (19 U.S.C. 1677b(A)(2)) is amended by inserting ``(or, if 
        the administering authority finds there is a reasonable basis 
        to believe that diversionary input dumping is occurring which 
        has a significant effect on the cost of producing the 
        merchandise under investigation)'' after ``paragraph (1)(A)''.
            (2) Special rule for diversionary input dumping.--Section 
        773(e) of such Act (19 U.S.C. 1677b(e)) is amended by adding at 
        the end thereof the following new paragraph:
            ``(5) Diversionary input dumping.--If the administering 
        authority determines that diversionary input dumping is 
        occurring and has a significant effect on the cost of producing 
        the merchandise under investigation, the administering 
        authority shall, in calculating the cost of the material or 
        component under paragraph (1)(A), include the amount of the 
        diversionary input dumping determined to exist with respect to 
        such material or component. For purposes of the preceding 
        sentence, the amount of the diversionary input dumping is the 
        difference, if any, by which
                    ``(A) the foreign market value of the input 
                material or component involved, as calculated under 
                this title, exceeds
                    ``(B) the purchase price of the input material or 
                component paid by the producer or manufacturer of the 
                merchandise under investigation.''.
    (c) Procedures of Initiating an Antidumping Investigation.--Section 
732(a) of such Act (19 U.S.C. 1673a(A)) is amended by adding at the end 
thereof the following new paragraph:
            ``(3) Cases involving diversionary input dumping.--The 
        administering authority shall investigate whether diversionary 
        input dumping is occurring whenever the administering authority 
        has reasonable grounds to believe or suspect that--
                    ``(A) diversionary input dumping (as defined in 
                section 771(c)) is occurring,
                    ``(B) such diversionary input dumping has a 
                significant effect on the cost of producing the 
                merchandise under investigation, and
                    ``(C) official government or other reliable, 
                generally accepted trade statistics indicate that 
                subsequent to the imposition of an antidumping duty 
                order or entry into force of an international agreement 
                relating to imports into the United States of the 
                material or component in question, shipments to the 
                United States of the merchandise under investigation 
                have increased (either in quantity or market share).''.
    (d) Timetable for Preliminary Determination by Administering 
Authority.--Section 733(b)(1) of such Act (19 U.S.C. 1673b(b)(1)) is 
amended by adding at the end thereof the following new subparagraph:
                    ``(D) If diversionary input dumping involved.--If, 
                as part of a petition filed under section 732(b), or an 
                investigation commenced under section 732(a), the 
                administering authority has reasonable grounds to 
                believe or suspect that diversionary input dumping is 
                occurring, the administering authority may treat the 
                investigation as an extraordinarily complicated case 
                under subsection (c) and may extend the period of time 
                for making a preliminary determination accordingly.''.
    (e) Clerical Amendment.--The table of contents for subtitle VII of 
the Tariff Act of 1930 is amended by inserting after the item relating 
to section 771B the following new item:

``Sec. 771C. Diversionary input dumping.''.

SEC. 115. UPSTREAM SUBSIDIES.

    (a) Definition.--Section 771(A) of the Tariff Act of 1930 is 
amended in its last sentence by inserting after ``subsidy is provided'' 
the words ``or authorized''.
    (b) Determination of Competitive Benefit in Upstream Subsidies.--
Section 771A(b)(1) of the Tariff Act of 1930 (19 U.S.C. 1677-1(b)(1)) 
is amended:
            (1) by striking ``Except'' and inserting ``(A) Except,''
            (2) by striking ``another seller'' and inserting ``an 
        unsubsidized seller in'' subparagraph (A), as redesignated by 
        paragraph (1), and
            (3) by adding at the end thereof the following new 
        paragraph--
                    ``(B) For purposes of subparagraph (A), 
                determination of the price the manufacturer or producer 
                would otherwise pay for the product in obtaining it 
                from an unsubsidized seller shall be based on the 
                following factors in the order in which such factors 
                are listed:
                            ``(i) the price paid by the manufacturer or 
                        producer to an unsubsidized seller located in 
                        the same country as the seller of the input 
                        product,
                            ``(ii) the price paid by the manufacturer 
                        or producer to an unsubsidized seller located 
                        in a country other than the country of the 
                        input product,
                            ``(iii) the price paid (including any 
                        delivery fees) to an unsubsidized producer 
                        located in the same country as the seller of 
                        the input products, or
                            ``(iv) the price (including delivery fees) 
                        paid to an unsubsidized producer located in a 
                        country other than the country of the seller of 
                        the input product.''.

SEC. 116. EXPORTATION FROM AN INTERMEDIATE COUNTRY.

    (a) Section 773(b) of the Tariff Act of 1930 (19 U.S.C. 1677b) is 
amended by adding at the end thereof: ``In situations described under 
subsection (f), allegations of sales below cost shall be evaluated 
against the cost of production of the actual manufacturer plus all 
charges assessed or costs incurred by other parties, including the 
reseller.''.
    (b) Section 773(c) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)) 
is amended by adding at the end thereof the following new paragraph:
            ``(5) Intermediate country resales.--Notwithstanding 
        anything to the contrary in subsection (f), if the merchandise 
        under investigation is--
                    ``(A) produced in a nonmarket economy country;
                    ``(B) resold by a reseller in an intermediate 
                country; and
                    ``(C) resold by such reseller at prices that 
                represent less than the cost of producing the 
                merchandise in question (including costs of production 
                for the nonmarket economy country determined pursuant 
                to this subsection);
        than the administering authority shall determine the foreign 
        market value of the merchandise on the basis of the value of 
        the factors of production utilized in producing the merchandise 
        in the country of production as determined pursuant to this 
        subsection, to which shall be added an amount for general 
        expenses and profit of the producer and reseller, plus the cost 
        of containers, covering, and other expenses, as required by 
        subsection (e).''.

SEC. 117. AUTHORITY TO EXAMINE CUSTOMS VALUATION.

    (a) Subsection (b)(1) of section 777 of the Tariff Act of 1930 is 
amended by adding:
            (1) ``either'' after ``Customs Service who is''; and
            (2) ``or is reviewing the propriety of the customs 
        valuation on which customs duties were calculated for a 
        deduction from United States Price (19 U.S.C. 1677a) pursuant 
        to a request from the administering authority'' after ``fraud 
        under this title''.
    (b) Section 772 of the Tariff Act of 1930 (19 U.S.C. 1677a) is 
amended by adding a new subsection at the end thereof:
    ``(f) Referral to Customs.--The administering authority shall refer 
to Customs for expedited consideration claims that the import duties 
required to be deducted from United States under subsection (d)(2)(A) 
are understated by reason of possible understatement of customs 
valuation. Where Customs determines that customs valuation on the 
merchandise in question is undervalued, the administering authority 
shall deduct the import duties identified by customs as properly owed 
for purposes of making its final determination.''.

SEC. 118. STUDY FOR SIMPLIFYING INITIATION OF COUNTERVAILING AND 
              ANTIDUMPING DUTY ACTIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Commerce and the International Trade Commission 
shall transmit to the Congress a study, including recommendations, 
regarding the modification of standards applicable to the initiation of 
countervailing and antidumping duty action in order to make petitioning 
for such initiations less costly and more accessible for domestic 
petitioners. In conducting such study, the Secretary and the Commission 
shall give due consideration to the obligations of the United States 
under international trade agreements.

SEC. 119. SPECIAL RULE--RELATIVE UNITED STATES CONTENT.

    Section 732(b) of the Tariff Act of 1930, as amended (19 U.S.C. 
1673a(b)), is amended by adding the following new subsection at the end 
thereof:
            ``(3) Special rule--relative united states content.--
                    ``(A) In special circumstances described in 
                subsection (b)(3)(B), in determining whether the 
                petition is filed on behalf of a domestic industry, 
                account shall be taken of the relative United States 
                content of:
                            ``(i) the imported merchandise which is the 
                        subject of the petition; and
                            ``(ii) the like product produced in the 
                        United States by the petitioner and other 
                        United States producers supporting the 
                        petition.
                    ``(B) Whenever the cost of materials and the direct 
                cost of processing or assembling the merchandise which 
                is the subject of the petition is to a significant 
                degree of United States origin (at least 2 percent of 
                the cost of manufacture) and roughly approximates or 
                exceeds the United States content of the product of the 
                petitioner at the time of the filing of the petition, 
                the administering authority shall determine whether the 
                petition is filed on behalf of a domestic industry by 
                measuring the value of United States content (excluding 
                GS & A but including research and development costs) 
                for both domestic production or assembly and the 
                imported product and by disregarding the provisions of 
                section 1677(4)(B) of title 19, United States Code.''.

SEC. 120. REIMBURSEMENT OF ANTIDUMPING DUTIES.

    Section 772(d)(2) of the Tariff Act of 1930, as amended (19 U.S.C. 
1677a(d)(2)) is amended by adding a new subparagraph at the end 
thereof--
                    ``(C) the amount of any antidumping duty which the 
                producer, exporter, or reseller;
                            ``(i) pays or will pay, directly or 
                        indirectly, on behalf of the importer, whether 
                        related or unrelated; or
                            ``(ii) reimburses to the importer, whether 
                        related or unrelated, either before or after 
                        assessment, and either directly or indirectly 
                        through any means, including but not limited to 
                        transferring merchandise to a related importer 
                        at prices below cost of production plus normal 
                        profit. For purposes of this subsection, 
                        nothing in the definition of `exporter' in 
                        section 1677(13) of title 19, United States 
                        Code shall preclude application of this 
                        provision to `exporter's sales price' 
                        calculations. Further, transfer prices between 
                        related parties at less than cost of production 
                        plus normal profit are presumed to constitute 
                        indirect reimbursement absent an affirmative 
                        showing by the importer to the contrary.''.

SEC. 121. DETERMINATION OF UNITED STATES PRICE.

    Section 772(e)(1) of the Tariff Act of 1930 (19 U.S.C. 1677a(e)(1)) 
is amended by inserting ``and reasonable profits from selling in the 
United States'' after the phrase ``under consideration''.

SEC. 122. RELIQUIDATION OF CERTAIN ENTRIES.

    (a) Section 500 of the Tariff Act of 1930 (19 U.S.C. 1500) is 
amended by adding the following new subsection:
    ``(f) reliquidate any entries that should have been subject to an 
antidumping or countervailing duty order or finding but which were 
erroneously liquidated either by action of the foreign producer, 
exporter or importer or by action of the Customs Service.''.
    (b) Section 516A of the Tariff Act of 1930 (19 U.S.C. 516A) is 
amended by adding at the end thereof the following new section:

``SEC. 516B. REQUEST FOR ACCOUNTING.

    ``(a) Request for Accounting.--The Secretary shall, upon written 
request by an interested party who supported the petition, provide 
access to the record of identified importers under a protective order 
drawn in conformity to the provisions of section 777 of this Act, as to 
all entry papers on entries made during the twelve months prior to the 
request or as to all documents connected with liquidations made during 
the twelve months prior to the request.
    ``(b) Definition.--As used in this section, the term `interested 
party who supported a petition' shall refer to companies, workers or 
associations referred to in section 771(9) (C), (D) or (E) who were a 
petitioner or filed a letter in support of the petition with the 
administering authority and submitted written views during the course 
of the original investigation. The terms `Secretary' and `administering 
authority' have the same meanings as provided in section 516A(f) (1) 
and (4) of this Act (19 U.S.C. 1516a(f) (1) and (4)).
    ``(c) Referral to the Secretary or Administering Authority.--
            ``(1) If an interested party who supported a petition 
        discovers information in the entry papers or the liquidation 
        documents that raise questions as to the proper administration 
        of the antidumping or countervailing duty finding or order, 
        such information shall be notified to the Secretary.
            ``(2) The Secretary shall have such information reviewed 
        expeditiously and corrective action, if warranted, taken, 
        including pursuant to section 500(f) of this Act. If the 
        information notified pertains to incorrect assessment 
        instructions from the administering authority or to coverage of 
        particular products under outstanding antidumping or 
        countervailing duty fines or orders, the Secretary shall 
        transmit such information to the administering authority for 
        expedited resolution of coverage. The results of all such 
        reviews shall be communicated in writing to the interested 
        party who supported a petition.
    ``(d) Civil Action.--Within thirty days of receipt of the written 
communication, the interested party who supported a petition may 
commence a civil action in the United States Court of International 
Trade for a review of the determination made by the Secretary or 
administering authority.
    ``(e) Record for Review.--The documents notified to the Secretary, 
such documents from the original investigation as the parties may 
designate and documents pertaining to liquidation instructions from the 
administering authority and final determinations by the administering 
authority relevant to liquidation amounts shall constitute the record 
for review.
    ``(f) Standard of Review.--Whether the challenged determination is 
supported by substantial evidence or is otherwise in accordance with 
law.
    ``(g) Recovery of Costs.--Where the determination of the Secretary 
or the administering authority is reversed or modified, the interested 
party who supported the petition may recover reasonable attorney fees 
for the court litigation.''.

SEC. 123. ADMINISTRATIVE REVIEWS.

    Section 751(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)) 
is amended by adding at the end thereof the following new subsection:
            ``(3) Requests for reviews by domestic producers.--The 
        administering authority shall conduct a review of any foreign 
        producer identified by a domestic interested party within the 
        meaning of sections 1677(9) (C)-(G) of title 19, United States 
        Code or, where the domestic interested party does not know the 
        identity of individual foreign producers, the foreign producers 
        supplying identified importers or purchaser of the imported 
        product.''.

SEC. 124. USE OF PROTECTIVE ORDER INFORMATION.

    Section 777(c)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
1677f(c)(1)(A)) is amended by adding to the end thereof the following: 
``Information released under protective order during an investigation 
or administrative review by the administering authority may be 
maintained under protective order during the pendency of the proceeding 
for the purpose of identifying potential factual discrepancies between 
periods investigated or to allege relevant issues in subsequent 
administrative reviews including the existence of a fictitious market 
(19 U.S.C. 167b(a)(5)) or sales below cost of production (19 U.S.C. 
1677b(b))''.

SEC. 125. FURTHER MANUFACTURED GOODS.

    Section 772(e)(3) of the Tariff Act of 1930 (19 U.S.C. 1677a(e)(3)) 
is amended by adding at the end thereof the following: ``In deducting 
profits from assembly or manufacture, profits may be allocated between 
value added in the United States and parts or products imported as long 
as the profits attributable to the United States value added is not 
below the level earned by unrelated manufacturers in the United States 
for the same class of merchandise. Notwithstanding the provisions of 
this subparagraph, if the transfer price of the product or (where more 
than one product or item subject to investigation or review) products 
is less than 1 percent of the resale value of the assembled or further 
manufactured product, United States prices shall be based on transfer 
price without regard to the adjustments identified in subparagraph 
(3).''.

SEC. 126. USE OF CONSTRUCTED VALUE.

    Section 772(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(2)) 
is amended by adding at the end thereof the following sentence: 
``Absent a finding of a fictitious market under subparagraph (a)(1) or 
(a)(5) or compliance with the provisions of subsection (b), constructed 
value shall not be used to determine foreign market value where the 
home market or third country markets account for at least 10 percent by 
volume of exports to the United States.''.

SEC. 127. PATENT EQUITY AND BANNED SUBSTANCES.

    (a) Section 337(a)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 
1337(a)(1)(B)) is amended by--
            (1) striking ``or'' at the end of subparagraph (B)(i);
            (2) striking the period at the end of subparagraph (B)(ii) 
        and inserting ``;'' in lieu thereof; and
            (3) adding the following at the end thereof:
                    ``(iii) have been grown, made, produced, processed, 
                or mined pursuant to a valid patent or patents where 
                patent royalties paid are lower than those paid by 
                agricultural, horticultural, or manufacturing 
                operations in the United States; or
                    ``(iv) have been grown or treated with pesticides 
                or other substances banned for use in the United 
                States.''.

SEC. 128. CIRCUMVENTION TIMELINES AND PROCEDURAL REQUIREMENTS.

    (a) Circumvention Timelines and Procedural Requirements.--Section 
781(a) of the Tariff Act of 1930 (19 U.S.C. 1677j(a)) is amended by 
adding at the end thereof the following:
            ``(3) Circumvention timelines and procedural 
        requirements.--
                    ``(A) Upon the filing of a petition containing 
                allegations of circumvention of antidumping and 
                countervailing duty orders, the administering authority 
                will determine within 20 days whether to initiate an 
                investigation.
                    ``(B) Within 180 days of the initiation of an 
                investigation, the administering authorities will make 
                a preliminary affirmative or negative determination.
                    ``(C) The administering authority will give the 
                parties the opportunity to file briefs and participate 
                in a hearing after the preliminary determination.
                    ``(D) The administering authority will issue a 
                final determination within 75 days after the 
                preliminary determination.
                    ``(E) The administering authority will give 
                interested parties the opportunity to obtain 
                confidential information under the administering 
                authority's administrative protective order 
                procedures.''.

                   TITLE II--MARKET ACCESS PROVISIONS

SEC. 201. ACCESS TO JAPANESE MARKET BY UNITED STATES MOTOR VEHICLES AND 
              MOTOR VEHICLE PARTS.

    (a) Initiation of ``Section 301'' Investigation.--Within 60 days 
after the enactment of this Act, the United States Trade Representative 
shall initiate an investigation under section 302(b)(1) of the Trade 
Act of 1974 (19 U.S.C. 2412(b)(1)) regarding all those acts, policies, 
and practices of Japan, including, but not limited to--
            (1) the acts, policies, and practices utilized in the 
        Japanese automotive distribution system;
            (2) the existence of anticompetitive activities by or among 
        private firms or groups of firms, including so-called families 
        of companies or Keiretsus; such practice may include, inter 
        alia, pricing below cost to keep U.S. parts suppliers from 
        obtaining contracts;
            (3) exclusionary business practices; and
            (4) testing requirements and other government regulations;
that affect the access to the Japanese market of motor vehicles and 
motor vehicle parts produced by manufacturers, other than those that 
are Japanese owned or controlled, that are located in the United States 
(hereafter in this section referred to as ``United States 
manufacturers'').
    (b) Trade Agreement Negotiations.--During the period of the 
investigation required under subsection (a), the United States Trade 
Representative shall enter into negotiations with the Government of 
Japan for the purpose of concluding a trade agreement that--
            (1) eliminates or modifies those aspects of the acts, 
        policies, and practices referred to in subsection (a) that act 
        as barriers to the Japanese market for exports of motor vehicle 
        and motor vehicle parts produced by United States 
        manufacturers;
            (2) provides for the prompt implementation and enforcement 
        by the Government of Japan of its commitments under the 
        Structural Impediments Initiative (SII), the Market-Oriented 
        Sector Specific (MOSS) agreements, the Market-Oriented 
        Cooperation Plan (MOCP), and the Action Plan announced at the 
        Tokyo Summit in January 1992 with respect to trade in, and the 
        purchase of, motor vehicles and motor vehicle parts;
            (3) establishes longer term goals for the purchase by 
        Japanese motor vehicle parts and accessories from United States 
        manufacturers through immediate parts sourcing arrangements and 
        ``design-in'' projects aimed at new model development;
            (4) establishes procedures for the exchange of information 
        between the appropriate agencies of the United States and 
        Japanese Governments that will permit the accurate assessment 
        of the bilateral trade in motor vehicle parts, particularly 
        with respect to the extent of the purchase of motor vehicle 
        parts produced by United States manufacturers--
                    (A) for use by Japanese sources in the Japanese 
                market; and
                    (B) for use in the United States market by 
                manufacturers of motor vehicles, which are Japanese 
                owned or controlled and located within the United 
                States; and
            (5) establishes such private sector or government-sponsored 
        review boards to resolve expeditiously challenges to purchasing 
        decisions by Japanese motor vehicle manufacturers as to 
        compliance with identified specifications or competitiveness on 
        price or other terms.
The United States Trade Representative should seek the support of other 
interested foreign governments in obtaining a trade agreement under 
this subsection.
    (c) Report if Negotiations Unsuccessful.--If the negotiation 
undertaken pursuant to subsection (b) are not successful, the United 
States Trade Representative shall submit to the Congress a report 
that--
            (1) states in detail the reasons why the negotiations were 
        not successful; and
            (2) sets forth those actions that will be taken, or will be 
        proposed for congressional consideration, to achieve the 
        objectives sought in the negotiations.
Such report shall be submitted no later than the date by which the 
determinations under section 304 of the Trade Act of 1974 are required 
with respect to the investigation initiated under subsection (a).

SEC. 202. EXTENSION OF ``SUPER 301'' AUTHORITY.

    Section 310(a)(1) of the Trade Act of 1974 (19 U.S.C. 2420(a)(1) is 
amended by striking out ``calendar year 1989, and also the date in 
calendar year 1990,'' and inserting ``each of calendar years 1994, 
1995, 1996, 1997, and 1998''.

              TITLE III--INTERNATIONAL TRADE NEGOTIATIONS

SEC. 301. PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES 
              CONCERNING DISPUTE SETTLEMENT MECHANISMS WITH RESPECT TO 
              UNITED STATES COUNTERVAILING DUTY AND ANTIDUMPING 
              ACTIONS.

    Section 1101(b)(1) of the Omnibus Trade and Competitiveness Act of 
1988 (19 U.S.C. 2901(b)(1)) is amended--
            (1) by striking ``The principal'' and inserting ``(A) 
        Subject to subparagraph (B), the principal'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (A) (i) and (ii), respectively; and
            (3) by adding at the end the following new subparagraph:
            ``(B) With respect to review of countervailing duty and 
        antidumping duty actions taken by a signatory to the General 
        Agreement on Tariffs and Trade (GATT) under its national laws, 
        the dispute settlement mechanisms and procedures described in 
        subparagraph (A) shall not allow--
                    ``(i) the review of issues that were not properly 
                presented to the investigating authorities for 
                resolution during the administrative proceeding 
                conducted under such laws;
                    ``(ii) the review of issues before the conclusion 
                of the administrative proceeding conducted under such 
                laws;
                    ``(iii) the conducting of an independent de novo 
                investigation of the circumstances leading to such 
                actions; and
                    ``(iv) where a signatory to the GATT provides for 
                the administrative or judicial review, by an 
                independent body, of factual issues with respect to 
                countervailing duty and antidumping actions, the 
                extension of the review beyond whether the laws and 
                regulations of that signatory, and the interpretation 
                of such laws and regulations by that signatory, are 
                consistent with the General Agreement on Tariffs and 
                Trade.
        In reaching the principal negotiation objectives described in 
        subparagraph (A), all necessary actions shall be taken to 
        promote strong and effective limitations on the scope of and 
        standards applicable to any review of countervailing duty or 
        antidumping duty actions under the dispute settlement 
        mechanisms and procedures described in such subparagraph.''.

SEC. 302. GLOBAL STRUCTURAL EXCESS CAPACITY.

    Section 1101(b) (19 U.S.C. 2901(b)) is amended by adding a new 
subsection at the end thereof:
            ``(17) Global structural excess capacity.--The principal 
        negotiating objective of the United States regarding situations 
        of global structural excess capacity is to negotiate 
        multilateral rules to permit rapid realignment of capacity to 
        demand.''.

SEC. 303. APPLICATION OF AMENDMENTS TO MEXICO AND CANADA.

    The amendments made by this Act apply with respect to goods 
imported into the United States from Mexico and Canada.

SEC. 304. INTERNATIONAL TRADE AGREEMENTS ON ANTIDUMPING AND TRADE 
              DISTORTING SUBSIDIES.

    (a) Section 1101(b) of the Omnibus Trade and Competitiveness Act of 
1988 (19 U.S.C. 2901(b)) is amended by adding at the end thereof the 
following:
            ``(18) Antidumping.--The President shall not enter into any 
        international trade agreement on antidumping requiring changes 
        in United States antidumping laws which would reduce the 
        effectiveness of such laws as a remedy against injurious dumped 
        imports.
            ``(19) Trade distorting subsidies.--The United States 
        Government shall not, as a matter of official policy, condone 
        or legitimize the use by foreign governments of trade 
        distorting subsidies, including development subsidies, that 
        cause material injury to industries in the United States.''.
    (b) It is the sense of the Congress that the President review 
carefully the provisions on antidumping contained in the Draft Final 
Act Embodying the Results of the Uruguay Round of Multilateral Trade 
Negotiations proposed by the Director-General of the General Agreement 
on Tariffs and Trade on December 21, 1991, and to seek those changes in 
such provisions that are necessary to maintain and to strengthen the 
effectiveness of United States antidumping laws, including, but not 
limited to, changes proposed by the United States in December 1992 and 
any changes needed to clarify the continuing right to cumulate and 
cross-cumulate imports under investigation.

                TITLE IV--OTHER MISCELLANEOUS AMENDMENTS

SEC. 401. RESTRAINT OF U.S. TRADE OR COMMERCE.

    Section 402 of the Foreign Trade Antitrust Improvement Act of 1982, 
as amended (15 U.S.C. 6a), is amended by adding at the end thereof the 
following: ``Sections 1 to 7 of this title shall apply to export trade 
or export commerce with a foreign nation, whether or not there is 
direct harm to consumers by reducing output or raising prices, if such 
conduct restrains U.S. export trade or export commerce with said 
foreign nation, or any other foreign nation.''.

SEC. 402. AUTHORITY TO IMPOSE TARIFFS ON COUNTRIES REFUSING COSTS OF 
              JOINT DEFENSE ASSISTANCE.

    Section 310 of the Trade Act of 1974 (19 U.S.C. 2420) is amended by 
adding to the end thereof the following new section:

``SEC. 310A. AUTHORITY TO IMPOSE TARIFFS ON COUNTRIES REFUSING COSTS OF 
              JOINT DEFENSE ASSISTANCE.

    ``(a) In General.--The President shall have the authority to impose 
a system of tariff surcharges on articles imported into the United 
States, that are the growth or product of any country provided defense 
assistance by the United States, so as to offset in whole or in part 
the cost of such assistance, if such country:
            ``(1) has refused and is able to contribute in an equal, or 
        proportional, share for the payment of its defense assistance;
            ``(2) is party to an agreement with the Government of the 
        United States providing for such defense assistance; and
            ``(3) has been determined to be a country to which action 
        may be taken against under Section 301 of the Trade Act of 1974 
        (19 U.S.C. 2411) and such determination has occurred within 
        four calendar years from the date in which the President 
        initiates action under this paragraph.
The President may proclaim the imposition of such a system for such 
period of time as he deems appropriate.
    ``(b) System of Surcharges.--A system of tariff surcharges imposed 
under the authority of paragraph (a) shall:
            ``(1) be designed so as to recover, during the period in 
        which it is in effect, the cost of defense assistance, as 
        determined by the Secretary of Defense, provided with respect 
        to any country meeting the requirements of paragraph (a); and
            ``(2) provide, as nearly as practicable, for proportionally 
        uniform surcharge increases (including, but not limited to, the 
        imposition of a surcharge on articles that would, but for this 
        Act, be duty-free) on all articles that are the growth or 
        product of such countries.
    ``(c) Collection.--The Secretary of the Treasury shall take such 
action as may be necessary or appropriate to collect all surcharges 
imposed under any system of tariff surcharges proclaimed under the 
authority of paragraph (a).
    ``(d) Definition.--For the purposes of this section, the term 
`defense assistance' means all costs of stationing United States 
military personnel, equipment, and weapons systems in a particular 
country or geographic area for the defense of that country or that 
country's interest, including, but not limited to, the costs of 
provisioning, housing and other personnel support; necessary related 
improvements to lands and structures; fuel for, and the maintenance of, 
such equipment and weapons systems; and any related activity of 
service.''.

SEC. 403. AMENDMENT OF SECTION 337 OF THE TARIFF ACT OF 1930.

    (a) Section 337(b) of the Tariff Act of 1930 is amended--
            (1) by striking ``; TIME LIMITS'' in the heading;
            (2) in paragraph (1), by striking ``The Commission shall 
        conclude any such investigation'' and all that follows through 
        the end period and inserting the following: ``The Commission 
        shall conclude any such investigation and make its 
        determination under this section at the earliest practicable 
        time after the date of publication of notice of such 
        investigation. To promote expeditious adjudication, the 
        Commission shall, within 30 days of the initiation of an 
        investigation, establish a target date for its final 
        determination.''; and
            (3) by striking the fifth sentence in paragraph (3).
    (b) Determination; Review.--Section 337(c) of such Act is amended--
            (1) by striking ``a settlement agreement'' in the first 
        sentence and inserting ``an agreement between the parties'';
            (2) by striking ``subsection (d) or (e)'' in the second 
        sentence and inserting ``subsection (d), (e), or (f) (and each 
        declaration under subsection (o))''; and
            (3) by striking ``(f), or (g)'' in the fourth sentence and 
        inserting ``(f), (g), or (o)''.
    (c) Exclusion of Articles From Entry.--Section 337(d) of such Act 
is amended by inserting after the first sentence the following new 
sentence: ``No article shall be excluded from entry where the 
Commission determines that the owner, importer, or consignee of the 
article has established a sufficient counterclaim directly related to 
the unfair methods or acts determined by the Commission to exist.''.
    (d) Entry Under Bond.--Section 337(e) of such Act is amended--
            (1) in the last sentence of paragraph (1), by striking 
        ``determined by the Commission'' and all that follows through 
        the end period and inserting: ``prescribed by the Secretary in 
        an amount determined by the Commission to be sufficient to 
        protect the complainant from any injury. If the Commission 
        later determines that the respondent has violated the 
        provisions of this section, the bond may be forfeited to the 
        complainant.'';
            (2) by adding at the end of paragraph (2), the following 
        new sentence: ``If the Commission later determines that the 
        respondent has not violated the provisions of this section, the 
        bond may be forfeited to the respondent.''; and
            (3) by adding at the end thereof the following new 
        paragraph:
            ``(4) The Commission may prescribe the terms and conditions 
        under which bonds may be forfeited under paragraphs (1) and 
        (2).''.
    (e) Cease and Desist Orders.--Section 337(f)(1) of such Act is 
amended--
            (1) by inserting after the first sentence the following new 
        sentence: ``A permanent cease and desist order shall not be 
        issued if the Commission determines that the owner, importer, 
        or consignees of the article has established a sufficient 
        counterclaim directly related to the unfair methods or acts 
        determined by the Commission to exist.''; and
            (2) by adding at the end thereof the following: ``If a 
        temporary cease and desist order is issued in addition to, or, 
        in lieu of, an exclusion order under subsection (e), the 
        Commission may require the complainant to post a bond as a 
        prerequisite to the issuance of an order under this subsection. 
        If the Commission later determines that the respondent has not 
        violated the provisions of this section, the bond may be 
        forfeited to the respondent. The Commission may prescribe the 
        terms and conditions under which bonds may be forfeited under 
        this paragraph.''.
    (f) Conditions Applicable for General Exclusion Orders.--Section 
337(g) of such Act is amended by adding at the end thereof the 
following new paragraph:
            ``(3) The authority of the Commission to issue an exclusion 
        from entry of articles shall be limited to persons determined 
        by the Commission to be violating this section unless the 
        Commission determines that--
                    ``(A) A general exclusion from entry of articles is 
                necessary to prevent circumvention of an exclusion from 
                entry limited to such persons; or
                    ``(B) there is a pattern of violation of this 
                section and it is difficult to identify the persons 
                responsible.''.
    (g) Entry Under Bond After Referral to President.--Section 
337(j)(3) of such Act is amended by striking ``shall be entitled to 
entry under bond'' and all that follows through the end period and 
inserting ``shall, until such determination becomes final, be entitled 
to entry under bond prescribed by the Secretary in an amount determined 
by the Commission to be sufficient to protect the complainant from 
injury. If the determination becomes final, the bond may be forfeited 
to the complainant. The Commission may prescribe the terms and 
conditions under which bonds may be forfeited under this paragraph.''.
    (h) Declaratory Relief.--Section 337 of such Act is amended by 
adding at the end thereof the following new subsection:
    ``(o) Complaint for Declaratory Relief by Owner, Importer, or 
Consignee.--In a case of actual controversy as to the existence of 
unfair methods of competition and unfair acts described in subsection 
(a), upon the filing of a complaint for declaratory relief under oath 
by the owner, importer, or consignee of an imported article (or part 
thereof), the Commission may declare the rights and other legal 
relations of the parties, whether or not further relief is or could be 
sought. A declaration made under this subsection shall have the force 
and effect of a final determination of the Commission and shall be 
reviewable as such. In the case of unfair acts involving the validity 
of patents as described in subsection (a)(1)(B), such a declaration 
shall be only for the purpose of determining whether there is a 
violation of this section and shall not have the effect of claim or 
issue preclusion.''.
    (i) Effective Date.--The amendments made by this section apply to 
complaints filed and investigations initiated under section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) after the date of the enactment of 
this Act.

SEC. 404. AMENDMENT OF TITLE 28, UNITED STATES CODE.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 1659. Stay of certain actions pending disposition of related 
              proceeding before the United States International Trade 
              Commission
    ``(a) Stay.--In a civil action involving parties that are also 
parties to a proceeding before the United States International Trade 
Commission pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337), at the request of a party that is a respondent in the proceeding 
before the Commission (other than a respondent to a counterclaim in a 
proceeding for declaratory relief), a district court shall stay, until 
the determination of the Commission becomes final, proceedings in the 
civil action with respect to any claim that involves the same issues 
involved in the proceeding before the Commission.
    ``(b) Use of Commission Record.--After dissolution of a stay under 
subsection (a), portions of the record of the proceeding before the 
United States International Trade Commission that bear on issues in a 
civil action shall be admissible in the civil action, subject to such 
protective order as the district court determines necessary and to the 
extent permitted under the Federal Rules of Evidence and the Federal 
Rules of Civil Procedure.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 111 of 
title 23, United States Code, is amended by adding at the end of the 
following new item:

``1659. Stay of certain actions pending disposition of related 
                            proceedings before the United States 
                            Internal Trade Commission.''.
    (c) Effective Date.--The amendments made by this section apply to 
complaints filed and investigations initiated under section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) after the date of the enactment of 
this Act.

SEC. 405. INTERNATIONAL PROTECTION OF PATENT RIGHTS.

    (a) Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is 
amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A),
                    (B) by striking ``and'' at the end of subparagraph 
                (B) and inserting ``or'', and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) deny adequate substantive standards, and'';
            (2) in subsection (b)(1)(A)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by inserting ``or'' at the end of clause (ii), 
                and
                    (C) by inserting after clause (ii) the following 
                new clause:
                            ``(iii) deny adequate substantive 
                        standards,'';
            (3) by adding at the end of subsection (d), the following 
        new paragraph:
            ``(4) A foreign country denies adequate substantive 
        standards if the country enforces or permits procedures under 
        its patent approval system that result in, among other 
        practices--
                    ``(A) patent applications being subject to pre-
                grant opposition,
                    ``(B) extended deferral (beyond 3 years) of patent 
                examination,
                    ``(C) an inordinately long period of time for 
                patent application approval,
                    ``(D) an inordinately short patent term measured 
                either from the date of grant or from the date of 
                filing,
                    ``(E) an inordinate delay in obtaining judicial 
                review or unavailability of judicial review for patent 
                applications that are denied, or
                    ``(F) unnecessarily narrow interpretations of 
                patent claims by the authorities which determine patent 
                validity and infringement.''; and
            (4) by adding at the end of subsection (e) the following 
        new sentence: ``Such publication shall include information with 
        respect to any act, policy, or practice identified under 
        subsection (a) and information with respect to any action taken 
        (or the reasons for not taking action) to eliminate such act, 
        policy, or practice.''.

SEC. 406. COOPERATIVE PRODUCTIVITY.

    (a) Terminology.--The National Cooperative Research Act of 1984 (15 
U.S.C. 4301, et seq.) is amended by striking the term ``joint research 
and development venture'' each place it appears and inserting in lieu 
thereof ``joint research, development, or production venture'';
    (b) Definition.--Section 2(a)(6) of the National Cooperative 
Research Act of 1984 (15 U.S.C. 4301(a)(6)) is amended--
            (1) in subparagraph (D) by striking ``or'',
            (2) in subparagraph (E)--
                    (A) by striking ``(E)'' and inserting ``(F)'', and
                    (B) by striking ``and (D)'' and inserting ``(D), 
                and (E)'';
            (3) by inserting after subparagraph (D) the following:
                    ``(E) the production of any product, process, or 
                service in a jointly owned or operated facility, or''; 
                and
            (4) in the matter following subparagraph (F), as so 
        redesignated, by inserting ``development, or production,'', 
        after ``the conducting of research,''.
    (c) Exclusions.--Section 2(b) of the National Cooperative Research 
Act of 1984 (15 U.S.C. 4301(b)) is amended--
            (1) in paragraph (1) by striking ``conduct the research and 
        development that is'' and inserting ``carry out'';
            (2) in paragraph (2)--
                    (A) by striking ``or marketing'' the first place it 
                appears and inserting ``, marketing, or distribution'';
                    (B) by striking ``or marketing of'' and inserting 
                ``, marketing, or distribution of any product, process, 
                service, or'';
                    (C) by striking ``such as patents and trade 
                secrets,''; and
                    (D) by inserting ``(including patents and trade 
                secrets)'' after ``proprietary information''; and
            (3) in paragraph (3) by striking ``other research and 
        development activities'' and inserting ``any other joint 
        research, development, or production venture activity''.
    (d) Rule of Reason Standard.--Section 3 of the National Cooperative 
Research Act of 1984 (15 U.S.C. 4302) is amended by adding at the end 
the following: ``For the purpose of determining a properly defined, 
relevant market, the worldwide capacity of suppliers to provide a 
product, process, or service shall be considered.''.
    (e) Technical Amendments.--
            (1) Section 3 of the National Cooperative Research Act of 
        1984 (15 U.S.C. 4302) is amended by striking ``research and 
        development markets'' and inserting in lieu thereof ``research, 
        development, or product markets''; and
            (2) Section 6 of the National Cooperative Research Act of 
        1984 (15 U.S.C. 4305) is amended--
                    (A) in the heading by striking ``Research and 
                Developments'', and
                    (B) in subsection (a) by inserting ``(or, with 
                respect to a venture involving the production of any 
                product, process, of service, not later than 90 days 
                after the effective date of the Cooperative 
                Productivity and Competitiveness Act of 1991)'', after 
                ``Act''.

SEC. 407. UNFAIR METHODS OF COMPETITION.

    Section 45(a) of title 15 of the United States Code is amended by 
adding at the end thereof the following new paragraph:
            ``(4) It shall be an unfair method of competition for a 
        wholesaler or retailer to sell product by telephone, facsimile 
        or means where the purchaser does not see the article(s) to be 
        purchased without identifying the country of origin of the 
        article being offered and, if the product is of foreign origin, 
        indicating whether a domestic article is also available.''.

SEC. 408. CORRECTION OF INVERTED TARIFF.

    (a) Nonalloy Iron and Steel Pipes and Tubes.--
            (1) The superior article description for subheadings 
        7306.30.30 and 7306.30.50 of the Harmonized Tariff Schedule of 
        the United States (19 U.S.C. 3007) is amended to read as 
        follows: ``Having a wall thickness of 1.65 mm or more, not 
        galvanized:''.
            (2) Subheadings 7306.30.30 and 7306.30.50 are redesignated 
        as subheadings 7306.30.35 and 7306.30.55, respectively.
            (3) Subheadings 7306.10.10, 7306.20.60, 7306.30.55 (as 
        redesignated by subparagraph (2)), and 7306.90.10 are each 
        amended--
                    (A) by striking ``1.9%'' in column 1 General and 
                inserting ``4.9%''; and
                    (B) by striking ``5.5%'' in column 2 and inserting 
                ``20%''.
            (4) Subheadings 7306.20.20 and 7306.60.10 are each 
        amended--
                    (A) by striking ``0.5%'' in column 1 General and 
                inserting ``4.9%''; and
                    (B) by striking ``1%'' in column 2 and inserting 
                ``20%''.
            (5) Chapter 73 is amended by inserting in numerical order 
        the following new subheading having the same degree of 
        indentation as the superior text for subheading 7306.30.35 and 
        7306.30.55 (as redesignated by subparagraph (2)):

      

       ``  7306.30.60  Having a wall thickness of 1.65 mm                   Free (C, E, IL)  21.5%              
                        or more, galvanized..............  6.5%              1.1% (CA)                        ''

    (b) Alloy Iron and Steel Pipes and Tubes.--
            (1) Subheadings 7306.50.50 and 7306.90.50 are each 
        amended--
                    (A) by striking ``4.9%'' in column 1 General and 
                inserting ``9.5%''; and
                    (B) by striking ``10%'' in column 2 and inserting 
                ``28%''.
    (c) Stainless Steel Pipes and Tubes.--
            (1) Subheading 7306.40.10 is amended by striking ``7.6%'' 
        in column 1 General and inserting ``10.1%''.
            (2) Subheading 7306.40.50 is amended--
                    (A) by striking ``5%'' in column 1 General and 
                inserting ``10.1%''; and
                    (B) by striking ``11%'' in column 2 and inserting 
                ``29%''.
    (d) Negotiating Authority.--In the event that a claim for 
compensation under any provision of the General Agreement on Tariffs 
and Trade or any other trade agreement to which the United States is a 
party is made by any Contracting Party to that agreement as a result of 
the amendments made by this section, the United States Trade 
Representative is authorized to negotiate such reasonable compensation 
as may be appropriate.
    (e) Applicability of Staged Rate Reductions Under the United 
States-Canada Free-Trade Agreement.--
            (1) Any staged reduction under the United States-Canada 
        Free-Trade Agreement of special rates of duty for Canada set 
        forth in subheading 7306.30.30 applies to the corresponding 
        special rate of duty set forth in subheading 7306.30.35.
            (2) Any staged reduction under the United States-Canada 
        Free-Trade Agreement of special rates of duty for Canada set 
        forth in subheading 7306.30.50 applies to the corresponding 
        special rate of duty set forth in subheading 7306.30.55.
            (3) Any staged reduction under this United States-Canada 
        Free-Trade Agreement of special rates of duty for Canada set 
        forth in subheading 7306.30.55 (as redesignated by subsection 
        (a)(2)) also applies to the corresponding special rate of duty 
        set forth in subheading 7306.30.60.
    (f) Effective Date.--Except as provided in Section 7, the 
amendments made by Sections 2, 3 and 4, shall apply with respect to 
goods entered, or withdrawn from warehouse for consumption, beginning 
on--
            (1) the date on which the President enters into a 
        multilateral trade agreement negotiated through the Uruguay 
        Round under the General Agreement on Tariffs and Trade, or
            (2) January 1, 1994.
    (g) Waiver.--In the event that--
            (1) negotiations on market access and tariffs in the 
        General Agreement on Tariffs and Trade provide for a tariff 
        rate elimination schedule on steel products that will remove 
        the tariff rate inversion on certain pipe and tube products; 
        and
            (2) the President or the United States Trade Representative 
        certifies in writing to the committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate that such schedule will eliminate such tariff inversion; 
        the provisions of this section shall not take effect.

SEC. 409. HORTICULTURAL STUDY.

    (a) The United States Trade Representatives together with the 
Secretary of Agriculture, Secretary of Labor, and Secretary of 
Transportation shall prepare a report on the horticultural industry on 
the following issues to be submitted to the Congress within 6 months of 
enactment:
            (1) nature of patent protection, enforcement mechanisms and 
        royalty collection procedures of horticultural products and 
        identified rates of royalty payments for the ten largest import 
        sources and six largest export markets at the eight digit HTS 
        level for HTS 0601, 0602, and 0603 as well as the royalty 
        payment rates for United States growers of the like products;
            (2) whether pesticides banned from use on horticultural 
        products grown in the United States are used in growing or 
        treating horticultural products imported into the United States 
        under Chapter 6 of the HTS;
            (3) how worker rights in the countries constituting the 
        major foreign suppliers of horticultural products to the United 
        States compare to those required under United States law; and
            (4) the extent to which air fares between the major 
        supplier countries and the United States, Europe and Japan 
        influence the direction of flower shipments from Central and 
        South American countries.

SEC. 410. HOME APPLIANCES.

    (a) With respect to the following items in the Harmonized Tariff 
Schedule of the United States.
            7321.11.30--stoves or ranges (other than portable).
            8418.10.00, 8418.21.00, 8418.22.00, 8418.29.00--
        refrigerators and combined refrigerator freezers.
            8450.11.00, 8450.19.00, 8450.20.00--household or laundry 
        washing machines.
            8451.21.00, 8451.29.00--drying machines.
    (b) The tariff rate on imports from Mexico of such products shall 
permanently be the Most Favored Nation Rate as provided for each item 
in Schedule 1 of the current Harmonized Tariff Schedule of the United 
States, not withstanding any temporary duty status on any such item 
that is applicable or may be applicable under the United States 
Generalized System of Preferences.
    (c) Notwithstanding the reference in Annex 302.2, paragraph 2, of 
the proposed North American Free Trade Agreement to ``the rate of duty 
in effect on July 1, 1991, including rates under the United States 
Generalized System of Preferences,'' the Schedule of the United States 
attached to Annex 302.2 shall omit reference to ``G'' for those HTS 
items and the staging code for those items shall be changed to ``C'' as 
as to conform with the counterpart Mexican and Canadian staging codes.

SEC. 411. CONCENTRATION OF IMPORTS.

    Section 771(4)(C) of the Tariff Act of 1930 (19 U.S.C. 1677(4)(C)) 
is amended by adding at the end thereof the following new sentence: 
``Concentration of subsidized or dumped imports exists with respect to 
a market, if the percentage of subsidized or dumped imports to 
consumption of imports and domestically produced like products in such 
market is clearly higher than the percentage is in the rest of the 
United States.''.

       TITLE V--PRIVATE ACTIONS FOR RELIEF FROM CERTAIN FORMS OF 
                   ANTICOMPETITIVE PRICING PRACTICES

SEC. 501. PRIVATE RIGHT OF ACTION FOR RELIEF FROM INJURIOUS INDUSTRIAL 
              CROSS-SUBSIDIZATION AND PERSISTENT SALES BELOW FULL COST 
              OF PRODUCTION.

    (a) Section 1(a) of the Clayton Act (15 U.S.C. 12) is amended by 
inserting ``Section 901 of the Act of September 8, 1916, entitled `An 
Act to raise revenue, and for other purposes' (39 Stat. 98; 15 U.S.C. 
2);'' after nineteen hundred and thirteen;.
    (b) Section 901 of the Act of September 8, 1916 (39 Stat. 798; 15 
U.S.C. 72) is amended to read as follows:

``SEC. 901.

    ``(a) Prohibition.--No person shall sell for export to the United 
States or sell within the United States a product at a price which does 
not permit the recovery of all costs (fixed and variable) involved in 
developing, producing and selling the product within a reasonable 
period of time where such pricing practices cause material injury to 
another producer or manufacturer the majority of sales occur in the 
United States.
    ``(b) Reasonable Period of Time.--A determination on reasonable 
period of time will be based on the facts peculiar to the product in 
question. However, where sales are below all costs on average for more 
than one-third of the projected life cycle of the product or for 24 
months there shall be a rebuttable presumption that such costs do not 
permit the recovery of all costs within a reasonable period.
    ``(c) Civil Action.--An interested party whose business or property 
is materially injured by reason of importations or sales in violation 
of this section may bring a civil action in any court of the United 
States having jurisdiction over the parties.
    ``(d) Jurisdiction Over Foreign Producers or Exporters.--A foreign 
manufacturer, producer, or exporter which sells products, or for which 
products are sold by another party in the United States, shall be 
treated as having appointed the District Director of the United States 
Customs Service of the Department of the Treasury for any port through 
which the product is commonly imported as a true and lawful agent of 
the manufacturer, producer, or exporter, upon whom may be served all 
lawful process in any action brought under subsection (c) against the 
manufacturer, producer, or exporter.
    ``(e) Defenses.--It shall be a defense to an action for a defendant 
if the defendant was not gaining market share from the plaintiff in the 
United States and was selling its product at or above the plaintiff's 
prices.
    ``(f) Relief.--In an action brought under subsection (c), the 
court, if it finds for plaintiff, shall--
            ``(1) grant damages for the injuries sustained;
            ``(2) permit recovery of costs of the action, including 
        reasonable attorney's fees;
            ``(3) if the court determines that the infliction of injury 
        was intentional, award treble damages; and
            ``(4) order a prospective revision of prices or grant such 
        equitable relief as may be appropriate.
    ``(g) Standard of Proof.--The standard of proof in an action 
brought under subsection (c) is a preponderance of the evidence.
    ``(h) Limitation.--An action under subsection (b) shall be 
commenced not later than 2 years after the date on which the cause of 
action accrued. For purposes of this section, the cause of action 
accrues throughout the period during which sales below full costs are 
occurring.
    ``(i) Intervention by the United States.--The court shall permit 
the United States to intervene in any action brought under subsection 
(c) as a matter of right. The United States shall have all the rights 
of a party to such action.''.

            TITLE VI--FOREIGN CAPITAL AND SECURITIES MARKETS

SEC. 601. FOREIGN CAPITAL AND SECURITIES MARKETS STUDY.

    (a) In General.--The Secretary of the Treasury (hereafter referred 
to as the ``Secretary'') shall conduct a study of the capital and 
securities markets of Japan. Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit a report to the 
Congress on the structure, operation, practice, and regulation of 
Japan's capital securities markets, and their implications for the 
United States.
    (b) Consultations.--The Secretary shall consult with the Chairman 
of the Securities and Exchange Commission, the United States Trade 
Representative, and such other agencies or persons as the Secretary may 
deem necessary to complete the study and report required under this 
Act. The Secretary shall also consult with representatives from the 
domestic capital and securities markets. The Secretary may consult with 
agencies of the Government of Japan, Japanese exchanges, and such other 
Japanese persons or organizations as the Secretary may deem 
appropriate.
    (c) Definition.--For purposes of this Act the term ``security'' has 
the same meaning as in section 3(a)(10) of the Securities Exchange Act 
of 1934 (15 U.S.C. 78c(a)(10)).

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