[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 261 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 261

        To amend the Trade Act of 1974, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 1999

 Mr. Specter (for himself, Mr. Rockefeller, Mr. Byrd, Mr. DeWine, Mr. 
Hollings, Mr. Santorum, Ms. Mikulski, Mr. Sarbanes, Mr. Hutchinson, Mr. 
   Durbin, Mr. Kohl, Mr. Sessions, and Mr. Moynihan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
        To amend the Trade Act of 1974, 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 ``Trade Fairness Act of 1999''.

SEC. 2. RELIEF FROM INJURY.

    (a) Test for Positive Adjustment to Import Competition.--Section 
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by 
striking ``substantial''.
    (b) Investigations and Determinations.--Section 202 of such Act (19 
U.S.C. 2252) is amended--
            (1) in subsection (b)(1)(A), by striking ``substantial'';
            (2) by amending subsection (b)(1)(B) to read as follows:
            ``(B) Imports shall be considered to be a `cause of serious 
        injury, or the threat thereof,' if a causal link is established 
        between imports and injury to the domestic industry.'';
            (3) by amending subsection (c)(1)(A) to read as follows:
                    ``(A) with respect to serious injury--
                            ``(i) the rate and amount of the increase 
                        in imports of the product concerned in absolute 
                        and relative terms;
                            ``(ii) the share of the domestic market 
                        taken by increased imports;
                            ``(iii) changes in the level of sales;
                            ``(iv) production;
                            ``(v) productivity;
                            ``(vi) capacity utilization;
                            ``(vii) profits and losses; and
                            ``(viii) employment.'';
            (4) in subsection (c)(1)(C), by striking ``with respect to 
        substantial cause'' and inserting ``with respect to whether 
        there is a causal link between imports and serious injury''; 
        and
            (5) in subsection (c)(3), by striking ``substantial''.
    (c) Action Regarding ITC Investigation of Injury.--Section 264(c) 
of the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended by striking 
``substantial''.

SEC. 3. STEEL IMPORT PERMIT AND MONITORING PROGRAM.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Commerce, in consultation with the 
Secretary of the Treasury, shall establish and implement a steel import 
permit and monitoring program. The program shall include a requirement 
that any person importing a product classified under chapter 72 or 73 
of the Harmonized Tariff Schedule of the United States obtain an import 
permit before such products are entered into the United States.
    (b) Steel Import Permits.--
            (1) In general.--In order to obtain a steel import permit, 
        an importer shall submit to the Secretary of Commerce an 
        application containing--
                    (A) the importer's name and address;
                    (B) the name and address of the supplier of the 
                goods to be imported;
                    (C) the name and address of the producer of the 
                goods to be imported;
                    (D) the country of origin of the goods;
                    (E) the country from which the goods are to be 
                imported;
                    (F) the United States Customs port of entry where 
                the goods will be entered;
                    (G) the expected date of entry of the goods into 
                the United States;
                    (H) a description of the goods, including the 
                classification of such goods under the Harmonized 
                Tariff Schedule of the United States;
                    (I) the quantity (in kilograms and net tons) of the 
                goods to be imported;
                    (J) the cost insurance freight (CIF) and free 
                alongside ship (FAS) values of the goods to be entered;
                    (K) whether the goods are being entered for 
                consumption or for entry into a bonded warehouse or 
                foreign trade zone;
                    (L) a certification that the information furnished 
                in the permit application is correct; and
                    (M) any other information the Secretary of Commerce 
                determines to be necessary and appropriate.
            (2) Entry into customs territory.--In the case of 
        merchandise classified under chapter 72 or 73 of the Harmonized 
        Tariff Schedule of the United States that is initially entered 
        into a bonded warehouse or foreign trade zone, a steel import 
        permit shall be required before the merchandise is entered into 
        the customs territory of the United States.
            (3) Issuance of permit.--The Secretary of Commerce shall 
        issue a steel import permit to any person who files an 
        application that meets the requirements of this section. Such 
        permit shall be valid for a period of 30 days from the date of 
        issuance.
    (c) Statistical Information.--
            (1) In general.-- The Secretary of Commerce shall compile 
        and publish on a weekly basis information described in 
        paragraph (2).
            (2) Information described.--Information described in this 
        paragraph means information obtained from steel import permit 
        applications concerning steel imported into the United States 
        and includes with respect to such imports the Harmonized Tariff 
        Schedule of the United States classification (to the tenth 
        digit), the country of origin, the port of entry, quantity, 
        value of steel imported, and whether the imports are entered 
        for consumption or are entered into a bonded warehouse or 
        foreign trade zone. Such information shall also be compiled in 
        aggregate form and made publicly available by the Secretary of 
        Commerce on a weekly basis by public posting through an 
        Internet website. The information provided under this section 
        shall be in addition to any information otherwise required by 
        law.
    (d) Fees.--The Secretary of Commerce may prescribe reasonable fees 
and charges to defray the costs of carrying out the provisions of this 
section, including a fee for issuing a permit under this section.
    (e) Single Producer and Exporter Countries.--Notwithstanding any 
other provision of law, the Secretary of Commerce shall make publicly 
available all information required to be released pursuant to 
subsection (c), including information obtained regarding imports from a 
foreign producer or exporter that is the only producer or exporter of 
goods subject to this section from a foreign country.
    (f) Regulations.--The Secretary of Commerce may prescribe such 
rules and regulations relating to the steel import permit and 
monitoring program as may be necessary to carry out the provisions of 
this section.
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