[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 577 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 577

  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

                            February 4, 1999

Mr. Bereuter (for himself, Mr. Ewing, and Mr. Pickering) 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 1999''.

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, as of January 1, 2001, 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.--
By not later than January 1, 2001, the President shall--
            (1) after consulting with the appropriate congressional 
        committees, determine whether or not the People's Republic of 
        China is--
                    (A) according adequate trade benefits to the United 
                States, including substantially equal competitive 
                opportunities for the commerce of the United States; 
                and
                    (B) taking adequate steps or making significant 
                progress toward becoming a WTO member; and
            (2) submit to the appropriate congressional committees a 
        report setting forth his determinations under subparagraphs (A) 
        and (B) of paragraph (1), with a rationale for each 
        determination.
    (b) Tariff Increase.--
            (1) Imposition of increase.--If the President determines 
        either--
                    (A) under subparagraph (A) of subsection (a)(1) 
                that the People's Republic of China is not according 
                adequate trade benefits to the United States, or
                    (B) under subparagraph (B) of subsection (a)(1) 
                that the People's Republic of China is not taking 
                adequate steps or making significant progress toward 
                becoming 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 articles that are 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 
                        progress toward becoming 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)).
                                 <all>