[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1619

  To amend the Trade Act of 1974 to provide for periodic revision of 
 retaliation lists or other remedial action implemented under section 
                            306 of such Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 1999

Mr. DeWine (for himself, Mr. Lott, Mr. Akaka, Mr. Inouye, Mr. Roberts, 
  Mr. Hagel, Mr. Bunning, Mr. Voinovich, Mr. Dorgan, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Trade Act of 1974 to provide for periodic revision of 
 retaliation lists or other remedial action implemented under section 
                            306 of such Act.

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

SECTION 1. REVISION OF RETALIATION LIST OR OTHER REMEDIAL ACTION.

    Section 306(b)(2) of the Trade Act of 1974 (19 U.S.C. 2416(b)(2)) 
is amended--
            (1) by striking ``If the'' and inserting the following:
                    ``(A) Failure to implement recommendation.--If 
                the''; and
            (2) by adding at the end the following:
                    ``(B) Revision of retaliation list and action.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), in the event that the United 
                        States initiates a retaliation list or takes 
                        any other action described in section 301(c)(1) 
                        (A) or (B) against the goods of a foreign 
                        country or countries because of the failure of 
                        such country or countries to implement the 
                        recommendation made pursuant to a dispute 
                        settlement proceeding under the World Trade 
                        Organization, the Trade Representative shall 
                        periodically revise the list or action to 
                        affect other goods of the country or countries 
                        that have failed to implement the 
                        recommendation.
                            ``(ii) Exception.--The Trade Representative 
                        is not required to revise the retaliation list 
                        or the action described in clause (i) with 
                        respect to a country, if--
                                    ``(I) the Trade Representative 
                                determines that implementation of a 
                                recommendation made pursuant to a 
                                dispute settlement proceeding described 
                                in clause (i) by the country is 
                                imminent; or
                                    ``(II) the Trade Representative 
                                together with the petitioner involved 
                                in the initial investigation under this 
                                chapter (or if no petition was filed, 
                                the affected United States industry) 
                                agree that it is unnecessary to revise 
                                the retaliation list.
                    ``(C) Schedule for revising list or action.--The 
                Trade Representative shall, 120 days after the date the 
                retaliation list or other section 301(a) action is 
                first taken, and every 180 days thereafter, review the 
                list or action taken and revise, in whole or in part, 
                the list or action to affect other goods of the subject 
                country or countries.
                    ``(D) Standards for revising list or action.--In 
                revising any list or action against a country or 
                countries under this subsection, the Trade 
                Representative shall act in a manner that is most 
                likely to result in the country or countries 
                implementing the recommendations adopted in the dispute 
                settlement proceeding or in achieving a mutually 
                satisfactory solution to the issue that gave rise to 
                the dispute settlement proceeding. The Trade 
                Representative shall consult with the petitioner, if 
                any, involved in the initial investigation under this 
                chapter.
                    ``(E) Retaliation list.--The term `retaliation 
                list' means the list of products of a foreign country 
                or countries that have failed to comply with the report 
                of the panel or Appellate Body of the WTO and with 
                respect to which the Trade Representative is imposing 
                duties above the level that would otherwise be imposed 
                under the Harmonized Tariff Schedule of the United 
                States.''.
                                 <all>