[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1712 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1712

  To encourage the People's Republic of China to join the World Trade 
 Organization by removing China from title IV of the Trade Act of 1974 
  upon its accession to the World Trade Organization and to provide a 
  more effective remedy for inadequate trade benefits extended by the 
            People's Republic of China to the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1997

Mr. Bereuter (for himself and Mr. Ewing) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To encourage the People's Republic of China to join the World Trade 
 Organization by removing China from title IV of the Trade Act of 1974 
  upon its accession to the World Trade Organization and to provide a 
  more effective remedy for inadequate trade benefits extended by the 
            People's Republic of China to the United States.

    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 ``China Market Access and Export 
Opportunities Act of 1997''.

SEC. 2. STATEMENT OF PURPOSE.

    It is the purpose of this Act--
            (1) to authorize the President of the United States to 
        raise tariffs on imports from the People's Republic of China to 
        tariff levels in effect on December 31, 1994, if the President 
        determines, 6 months after the date of the enactment of this 
        Act, that the People's Republic of China is either denying 
        adequate trade benefits to the United States or not taking 
        steps to become a full member of the World Trade Organization;
            (2) to provide a significant incentive for the People's 
        Republic of China to gain admission to the World Trade 
        Organization by eliminating the annual review of China's trade 
        status after it commits to a commercially acceptable protocol 
        and is admitted to the World Trade Organization; and
            (3) therefore to enhance the ability of the President of 
        the United States to negotiate a commercially acceptable World 
        Trade Organization protocol with the People's Republic of 
        China.

SEC. 3. SNAP-BACK MECHANISM.

    (a) Determination With Respect to the People's Republic of China.--
After the enactment of this Act, the President shall, after consulting 
with the appropriate congressional committees, determine whether or not 
the People's Republic of China is--
            (1) according adequate trade benefits to the United States, 
        including substantially equal competitive opportunities for the 
        commerce of the United States; and
            (2) taking adequate steps or making significant proposals 
        to become a WTO member.
    (b) Submission of Findings.--Not later than 180 days after the date 
of the enactment of this Act, the President shall submit to the 
appropriate congressional committees a report setting forth his 
determinations under paragraphs (1) and (2) of subsection (a), with a 
rationale for each determination.
    (c) Tariff Increase.--
            (1) Imposition of increase.--If the President determines 
        either--
                    (A) under paragraph (1) of subsection (a) that the 
                People's Republic of China is not according adequate 
                trade benefits to the United States, or
                    (B) under paragraph (2) of subsection (a) that the 
                People's Republic of China is not taking adequate steps 
                or making significant proposals to become a WTO member,
        then the President shall proclaim, within 180 days after the 
        date of that determination, an increase in the rate of duty 
        with respect to 1 or more products of that country to not more 
        than the column 1 rate of duty under the Harmonized Tariff 
        Schedule of the United States that applied to the article or 
        articles on December 31, 1994.
            (2) Termination of increase.--The President shall terminate 
        any increase in the rate of duty imposed under paragraph (1) on 
        the earlier of--
                    (A) the date on which the People's Republic of 
                China becomes a WTO member; or
                    (B) the date on which the President proclaims 
                that--
                            (i) the People's Republic of China is 
                        according adequate trade benefits to the United 
                        States, including substantially equal 
                        competitive opportunities for the commerce of 
                        the United States; and
                            (ii) the People's Republic of China is 
                        taking adequate steps or making significant 
                        proposals to become a WTO member.
            (3) Modification of tariff.--The President may modify any 
        increase in the rate of duty imposed under paragraph (1) if the 
        President notifies the appropriate congressional committees of 
        the modification and the reasons therefor, except that--
                    (A) the modification may not result in a rate of 
                duty higher than that permitted under paragraph (1); 
                and
                    (B) the authority of this paragraph may not be used 
                to terminate an increase in the rate of duty imposed 
                under paragraph (1).

SEC. 4. ACCESSION TO THE WORLD TRADE ORGANIZATION.

    On the date on which the People's Republic of China becomes a WTO 
member, the provisions of title IV of the Trade Act of 1974 shall cease 
to apply to that country, and nondiscriminatory treatment shall apply 
to the products of that country.

SEC. 5. DEFINITION.

    As used in this Act, the term ``WTO member'' has the meaning given 
that term in section 2(10) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(10)).
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