[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1361 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1361

    To bar the imposition of increased tariffs or other retaliatory 
measures against the products of the European Union in response to the 
                  banana regime of the European Union.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

Ms. Waters (for herself, Mrs. Meek of Florida, Ms. Kaptur, Mr. Bonior, 
Mrs. Maloney of New York, Mr. DeFazio, Mr. Payne, Mr. Fattah, Ms. Brown 
 of Florida, Mr. Clyburn, Ms. Christensen, Mr. Davis of Illinois, Ms. 
Jackson-Lee of Texas, Mrs. Jones of Ohio, Ms. Kilpatrick, Ms. Lee, Mr. 
  Lewis of Georgia, Mr. Meeks of New York, Mr. Owens, and Mr. Towns) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To bar the imposition of increased tariffs or other retaliatory 
measures against the products of the European Union in response to the 
                  banana regime of the European Union.

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

SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) The United States Trade Representative announced on 
        March 3, 1999, a decision to impose contingent liability for 
        100 percent duties and begin withholding liquidation on imports 
        of selected products from the European Union in response to 
        alleged harm caused by the banana regime of the European Union.
            (2) The United States does not export bananas, and no jobs 
        in the United States have been lost as a result of the banana 
        regime.
            (3) The Caribbean countries that benefit from the banana 
        regime of the European Union comprise less than 10 percent of 
        the European market.
            (4) Chiquita Brands is the only company that claims to have 
        been harmed by the banana regime, and Chiquita Brands' market 
        share in Europe is nevertheless much larger than that of the 
        Caribbean countries that benefit from the banana regime.
            (5) The sanctions being imposed will affect a wide variety 
        of imports enjoyed by consumers in the United States, including 
        certain swine meats, cheeses, sweet biscuits, bath 
        preparations, candles, handbags with plastic surfaces, 
        paperboard, cashmere sweaters and vests, cotton bed linen, 
        lead-acid storage batteries, and electrothermic coffee and tea 
        makers.
            (6) Consumers who purchase these products could face 
        significantly higher prices or shortages, and the companies 
        that import these products could face significant revenue 
        losses and possible job losses as well.
            (7) The European Union is likely to retaliate for these 
        sanctions, placing prohibitive duties on an unknown variety of 
        United States exports and causing a trade war.
            (8) Retaliatory sanctions on United States exports could 
        threaten the viability of numerous United States businesses and 
        put countless Americans out of work.
            (9) Most of the countries that benefit from the banana 
        regime are small Caribbean democracies, and banana exports are 
        vital to their economic, social, and political stability.
            (10) Without a viable banana industry, thousands of 
        Caribbean farmers would have no means of support for their 
        families.
            (11) Displaced banana farmers in the Caribbean region could 
        turn to the production of illegal drugs as an alternative means 
        of economic support, causing an increase in illegal drug 
        trafficking into the United States.
            (12) Displaced banana farmers in the Caribbean region could 
        also attempt to emigrate to the United States themselves, 
        causing a surge in illegal immigration.
            (13) The stability of the Caribbean region is vital to the 
        national interests of the United States.

SEC. 2. BARRING OF ACTION BY UNITED STATES IN RESPONSE TO EU BANANA 
              REGIME.

    (a) Barring of Action.--Subject to subsection (b), the United 
States Trade Representative, the United States Customs Service, and any 
other officer or agency of the United States--
            (1) may not take any action to implement the decision of 
        the Office of the Trade Representative announced on March 3, 
        1999, to withhold liquidation on imports valued at over 
        $500,000,000 of selected products of the European Union, and 
        shall refund any bond or deposit given or duties paid by any 
        importer before the enactment of this Act pursuant to such 
        decision; and
            (2) may not take any action to otherwise impose increased 
        tariffs on, or impose other retaliatory measures against, 
        products of the European Union in response to the banana regime 
        of the European Union that is the subject of dispute 
        proceedings, as of March 1, 1999, before the World Trade 
        Organization, and shall refund any duties paid by any importer 
        before the enactment of this Act pursuant to any such action.
    (b) Revocation of Retaliatory Sanctions by EU.--If, before the 
enactment of this Act, the European Union imposes any increased tariffs 
on, or imposes other retaliatory measures against, products of the 
United States in response to the decision referred to in subsection 
(a)(1) or in reponse to any increased tariffs on, or other retaliatory 
measures against, products of the European Union imposed by the United 
States in response to the banana regime of the European Union described 
in subsection (a)(2), then subsection (a) shall take effect only upon 
the certification by the President that the European Union has revoked 
such tariffs or other measures.
                                 <all>