[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1392 Introduced in Senate (IS)]

  1st Session
                                S. 1392

To impose temporarily a 25 percent duty on imports of certain Canadian 
  wood and lumber products, to require the administering authority to 
  initiate an investigation under title VII of the Tariff Act of 1930 
         with respect to such products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 1995

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To impose temporarily a 25 percent duty on imports of certain Canadian 
  wood and lumber products, to require the administering authority to 
  initiate an investigation under title VII of the Tariff Act of 1930 
         with respect to such products, 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.

    This Act may be cited as the ``Emergency Lumber Act of 1995''.

SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION.

    (a) In General.--In addition to any other duty that may apply, 
there is imposed a duty of 25 percent ad valorem on wood and lumber 
products described in subsection (b).
    (b) Wood and Lumber Products Described.--Wood and lumber products 
described in this subsection are wood or lumber products described in 
subheading 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the 
Harmonized Tariff Schedule of the United States that are imported 
directly or indirectly from Canada.
    (c) Applicability.--The rate of duty imposed under subsection (a) 
shall apply to goods described in subsection (b) that are entered, or 
withdrawn from warehouse for consumption, during the period beginning 
on the date that is 15 days after the date of the enactment of this Act 
and ending on whichever of the following dates occurs first--
            (1) the date the investigation initiated under section 3 is 
        suspended pursuant to section 3(b)(2);
            (2) the date on which a final negative determination is 
        made by the Commission pursuant to section 705 of the Tariff 
        Act of 1930; or
            (3) the date on which an order is issued pursuant to 
        section 706 of such Act.
    (d) Refunds; Collections.--If the amount of the duty imposed under 
this section is different from the amount of the cash deposit, bond, or 
other security, required for the countervailing duty imposed under a 
countervailing duty order issued under section 706 of the Tariff Act of 
1930 (19 U.S.C. 1671e) as a result of the investigation initiated under 
section 3, such difference shall be refunded, released, or collected, 
as the case may be, in accordance with section 707 of the Tariff Act of 
1930 (19 U.S.C. 1671f).

SEC. 3. INITIATION OF INVESTIGATION.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 30 days after the date of the enactment of this Act, the 
administering authority shall initiate an investigation pursuant to 
section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with 
respect to the importation and sales for importation into the United 
States of wood and lumber products described in section 2(b).
    (b) Application of Title VII of the Tariff Act of 1930.--
            (1) In general.--Except as otherwise provided in this Act, 
        the provisions of title VII of the Tariff Act of 1930 (19 
        U.S.C. 1671 et seq.) shall apply to the countervailing duty 
        investigation initiated under subsection (a).
            (2) Termination or suspension of investigation.--
                    (A) Termination.--Subsections (a) and (k) of 
                section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c 
                (a) and (k)) shall not apply to the investigation 
                initiated pursuant to subsection (a).
                    (B) Suspension.--The investigation initiated 
                pursuant to subsection (a) may be suspended pursuant to 
                subsection (b) or (c) of section 704 of such Act, if 
                the requirements of such section 704 and subparagraph 
                (C) are satisfied.
                    (C) Suspension of investigation procedure.--The 
                requirements of this subparagraph are satisfied, if, 
                not less than 30 days before suspending the 
                investigation, the administering authority--
                            (i) notifies the Committee on Finance of 
                        the Senate, the Committee on Ways and Means of 
                        the House of Representatives, the Commission, 
                        and other parties to the investigation, of the 
                        administering authority's intention to suspend 
                        the investigation;
                            (ii) consults with such committees 
                        regarding such suspension;
                            (iii) provides to such committees a copy of 
                        the proposed agreement pursuant to which the 
                        investigation is to be suspended, together with 
                        an explanation of--
                                    (I) how the agreement will be 
                                carried out and enforced;
                                    (II) how the agreement meets the 
                                requirements of subsections (b), (c), 
                                (d), and (e) of section 704 of the 
                                Tariff Act of 1930; and
                                    (III) any action required of 
                                Canada; and
                            (iv) permits all interested parties to 
                        submit comments and information for the record 
                        before the date on which notice of suspension 
                        of the investigation is published.

SEC. 4. RENEGOTIATION OF CHAPTER 19 OF NAFTA AND THE UNITED STATES-
              CANADA FREE-TRADE AGREEMENT.

    (a) In General.--Notwithstanding any other provision of law--
            (1) the President is authorized and directed to negotiate 
        with the governments of free trade area countries for the 
        purpose of entering into an agreement to modify the terms of 
        chapter 19 of the NAFTA and chapter 19 of the United States-
        Canada Free-Trade Agreement to provide that--
                    (A) the exclusive review by binational panels shall 
                not apply to antidumping and countervailing duty 
                determinations involving the merchandise of a free 
                trade area country; and
                    (B) such determinations shall be subject to 
                judicial review in the same manner as determinations 
                made with respect to countries that are not free trade 
                area countries;
            (2) the negotiations described in paragraph (1) shall not 
        in any way affect the rights of the United States or a free 
        trade area country to apply its domestic antidumping and 
        countervailing duty laws to the imports of another country; and
            (3) not later than 180 days after the date of the enactment 
        of this Act, if an agreement described in paragraph (1) has 
        been entered into, the President shall submit to the Congress--
                    (A) a draft implementing bill (as defined in 
                section 151 of the Trade Act of 1974 (19 U.S.C. 2191)) 
                which contains provisions--
                            (i) approving the agreement; and
                            (ii) modifying the provisions of United 
                        States law that are necessary to implement the 
                        agreement; and
                    (B) a statement of any administrative action 
                proposed to implement the agreement.
    (b) Implementation of Modifications.--
            (1) In general.--Any agreement entered into under 
        subsection (a)(1) shall enter into force with respect to the 
        United States if (and only if) the implementing bill described 
        in subsection (a)(3)(A) is enacted into law.
            (2) Extension of fast track procedures to implementing 
        bill.--
                    (A) Section 151(b)(1) of the Trade Act of 1974 (19 
                U.S.C. 2191(b)(1)) is amended by inserting ``section 4 
                of the Emergency Lumber Act of 1995,'' after ``the 
                Omnibus Trade and Competitiveness Act of 1988,''.
                    (B) Section 151(c)(1) of such Act (19 U.S.C. 
                2191(c)(1)) is amended by striking ``or section 282 of 
                the Uruguay Round Agreements Act,'' and inserting ``, 
                section 282 of the Uruguay Round Agreements Act, or 
                section 4 of the Emergency Lumber Act of 1995,''.
    (c) Modification of Review Process.--
            (1) In general.--If a draft implementing bill is not 
        submitted in accordance with subsection (a) within 180 days 
        after the date of the enactment of this Act--
                    (A) the provisions of article 1904 of the NAFTA and 
                article 1904 of the United States-Canada Free-Trade 
                Agreement relating to review of determinations shall 
                cease to apply to determinations involving the 
                merchandise of a free trade area country;
                    (B) the provisions of section 516A of the Tariff 
                Act of 1930 (19 U.S.C 1516A) shall apply to the review 
                of such determinations without regard to subsection (g) 
                of such section; and
                    (C) any such determination with respect to which a 
                binational panel review or an extraordinary challenge 
                committee review is pending on the day after such 180th 
                day shall be transferred to the United States Court of 
                International Trade (in accordance with rules issued 
                the Court) for review under section 516A(a) of such 
                Act.
            (2) Notice of modifications.--If a draft implementing bill 
        is not submitted in accordance with subsection (a)--
                    (A) the President shall immediately notify the 
                government of each free trade area country of the 
                modifications described in paragraph (1) and shall 
                publish notice of such modifications in the Federal 
                Register; and
                    (B) the United States Secretary shall immediately 
                notify the relevant FTA Secretaries that article 1904 
                of the NAFTA and article 1904 of the United States-
                Canada Free-Trade Agreement no longer apply to 
                determinations described in paragraph (1).
            (3) Definitions.--For purposes of this section:
                    (A) Determination; antidumping and countervailing 
                duty determination.--The terms ``determination'' and 
                ``antidumping and countervailing duty determination'' 
                mean a determination as defined in section 516A(g)(1) 
                of the Tariff Act of 1930 (19 U.S.C. 1516A(g)(1)).
                    (B) Free trade area country; relevant fta 
                secretary; and united states secretary.--The terms 
                ``free trade area country'', ``relevant FTA 
                Secretary'', and ``United States Secretary'' have the 
                meanings given such terms by section 516A(f) of the 
                Tariff Act of 1930 (19 U.S.C. 1516A(f)).

SEC. 5. APPLICATION TO CANADA AND MEXICO.

    Pursuant to article 1902 of the NAFTA, section 408 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3301), and 
article 1902 of the United States-Canada Free-Trade Agreement, the 
provisions of this Act shall apply with respect to goods from Canada or 
Mexico.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Administering authority.--The term ``administering 
        authority'' has the meaning given such term by section 771(1) 
        of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
            (2) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
            (3) NAFTA.--The term ``NAFTA'' means the North American 
        Free Trade Agreement entered into between the United States, 
        Mexico, and Canada on December 17, 1992.
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