[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2365 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2365

 To amend United States trade laws to address more effectively import 
                    crises, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2003

 Mr. English (for himself, Mr. Levin, and Mr. Houghton) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend United States trade laws to address more effectively import 
                    crises, 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 Law Reform Act of 2003''.

       TITLE I--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930

SEC. 101. CAPTIVE PRODUCTION.

    Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iv)) is amended to read as follows:
                            ``(iv) Captive production.--If domestic 
                        producers transfer internally, including to 
                        affiliated persons as defined in paragraph 
                        (33), significant production of the domestic 
                        like product for the production of a downstream 
                        article and sell significant production of the 
                        domestic like product in the merchant market, 
                        then the Commission, in determining market 
                        share and the factors affecting financial 
                        performance set forth in clause (iii), shall 
                        focus primarily on the merchant market for the 
                        domestic like product.''.

SEC. 102. PRICE.

    Section 771(7)(C)(ii) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(ii)) is amended by adding at the end the following flush 
sentence:
                        ``The Commission shall not conclude that 
                        imports of the subject merchandise do not have 
                        a significant effect on prices merely because 
                        of the volume of imports of the subject 
                        merchandise.''.

SEC. 103. VULNERABILITY OF INDUSTRY; CUMULATION.

    Section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iii)) is amended in the last sentence by striking the period 
at the end and inserting ``, including whether the industry is 
vulnerable to the effects of imports of the subject merchandise.''.
    (b) Cumulation.--Section 771(7)(G)(i) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(G)(i)) is amended to read as follows:
                            ``(i) In general.--For purposes of clauses 
                        (i) and (ii) of subparagraph (C), and subject 
                        to clause (ii), the Commission shall 
                        cumulatively assess the volume and effect of 
                        imports of the subject merchandise from all 
                        countries subject to petitions filed under 
                        section 702(b) or 732(b), or subject to 
                        investigations initiated under 702(a) or 
                        732(a), if such petitions were filed, or such 
                        investigations were initiated, within 90 days 
                        before the date on which the Commission is 
                        required to make its final injury 
                        determination, and if such imports compete with 
                        each other and with the domestic like product 
                        in the United States market.''.

SEC. 104. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND INJURY.

    Section 771(7)(E)(ii) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(E)(ii)) is amended by adding at the end the following: ``The 
Commission need not determine the significance of imports of the 
subject merchandise relative to other economic factors.''.

SEC. 105. PREVENTION OF CIRCUMVENTION.

    Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 1677j(c)) is 
amended by adding at the end the following new paragraph:
            ``(3) Special rule.--The administering authority shall 
        apply paragraph (1) with respect to altered merchandise 
        excluded from the merchandise description used in an 
        outstanding order or finding, if such application is not 
        inconsistent with the affirmative determination of the 
        Commission on which the order or finding is based.''.

SEC. 106. PERISHABLE AGRICULTURAL PRODUCTS.

    (a) Definition of Industries.--Section 771(4)(A) of the Tariff Act 
of 1930 (19 U.S.C. 1677(4)(A)) is amended by adding at the end the 
following: ``If the Commission determines that an agricultural product 
has a short shelf life and is a perishable product, the Commission 
shall treat the producers of the product in a defined period or season 
as the domestic industry. If the subheading under the Harmonized Tariff 
Schedules of the United States for an agricultural product has a 6- or 
8-digit classification based on the period of time during the calendar 
year in which the product is harvested or imported, such periods of 
time constitute a defined period or season for purposes of this 
paragraph.''.
    (b) Determination of Injury.--Section 771(7)(D) of the Tariff Act 
of 1930 (19 U.S.C. 1677(7)(D)) is amended by adding at the end the 
following new clauses:
                            ``(iii) In the case of an agricultural 
                        industry involving a perishable product with a 
                        short shelf life, if a request for seasonal 
                        evaluation has been made by the petitioners, 
                        the Commission shall consider the factors in 
                        subparagraph (C) on a seasonal basis during the 
                        period identified as relevant.
                            ``(iv) In the case of agricultural 
                        products, partially picked or unpicked crops 
                        and abandoned acreage may be considered in lieu 
of other measures of capacity and capacity utilization.
                            ``(v) The impact of other factors, such as 
                        weather, on agricultural production and 
                        producers shall not be weighed against the 
                        contribution of the imported subject 
                        merchandise to the condition of the domestic 
                        industry.''.

SEC. 107. FULL RECOGNITION OF SUBSIDY CONFERRED THROUGH PROVISION OF 
              GOODS AND SERVICES AND PURCHASE OF GOODS.

    Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) 
is amended by adding at the end the following: ``If transactions in the 
country which is the subject of the investigation or review do not 
reflect market conditions due to government action associated with 
provision of the good or service or purchase of the good, determination 
of the adequacy of remuneration shall be through comparison with a 
market price for a comparable item elsewhere in the world.''.

SEC. 108. REIMBURSEMENT OF DUTIES.

    Section 772(d) of the Tariff Act of 1930 (19 U.S.C. 1677a(d)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) if the importer is the producer or exporter, or the 
        importer and the producer or exporter are affiliated persons, 
        an amount equal to the dumping margin calculated under section 
        771(35)(A), unless the producer or exporter is able to 
        demonstrate that the importer was in no way reimbursed for any 
        antidumping duties paid; and
            ``(5) if the importer is the producer or exporter, or the 
        importer and the producer or exporter are affiliated persons, 
        an amount equal to the net countervailable subsidy calculated 
        under section 771(6), unless the producers or exporter is able 
        to demonstrate that the importer was in no way reimbursed for 
        any countervailing duties paid.''.

SEC. 109. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.

    Section 772(c)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1677a(c)(2)(A)) is amended by inserting ``(including countervailing 
duties imposed under this title)'' after ``duties''.

SEC. 110. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to 
determinations made under title VII of the Tariff Act of 1930 that--
            (1) are made with respect to investigations initiated or 
        petitions filed on or after the date of the enactment of this 
        Act; or
            (2) have not become final as of such date of enactment.

                     TITLE II--SAFEGUARD AMENDMENTS

SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF 1974.

    (a) Test for Positive Adjustments to Import Competition.--Section 
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by 
striking ``be a substantial cause of serious injury, or the threat 
thereof,'' and inserting ``cause or threaten to cause serious injury''.
    (b) Investigations and Determinations.--Section 202 of such Act (19 
U.S.C. 2252) is amended--
            (1) in subsection (b)(1)(A), by striking ``be a substantial 
        cause of serious injury, or the threat thereof,'' and inserting 
        ``cause or threaten to cause serious injury'';
            (2) by amending subsection (b)(1)(B) to read as follows:
            ``(B) For purposes of this section, the term `cause' refers 
        to a cause that contributes significantly to serious injury, or 
        the threat thereof, to the domestic industry but need not be 
        equal to or greater than any other cause.'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1)(A) to read as 
                follows:
                    ``(A) with respect to serious injury--
                            ``(i) change in the level of sales, 
                        production, productivity, capacity utilization, 
                        profits and losses, and employment;
                            ``(ii) the significant idling of productive 
                        facilities in the domestic industry;
                            ``(iii) the inability of a significant 
                        number of firms to carry out domestic 
                        production operations at a reasonable level of 
                        profit; and
                            ``(iv) significant unemployment or 
                        underemployment within the domestic 
                        industry;'';
                    (B) in paragraph (1)(B)--
                            (i) in clause (iii) by striking ``; and'' 
                        and inserting ``, and''; and
                            (ii) by inserting after clause (iii) the 
                        following:
                            ``(iv) foreign production capacity, foreign 
                        inventories, the level of demand in third 
                        country markets, and the availability of other 
                        export markets to absorb any additional 
                        exports; and'';
                    (C) by amending paragraph (1)(C) to read as 
                follows:
                    ``(C) with respect to cause--
                            ``(i) the rate, amount, and timing of the 
                        increase in imports of the product concerned in 
                        absolute and relative terms, including whether 
                        there has been a substantial increase in 
                        imports over a short period of time; and
                            ``(ii) the share of the domestic market 
                        taken by increased imports.'';
                    (D) by redesignating paragraphs (3) through (6) as 
                paragraphs (5) through (8), respectively;
                    (E) by striking paragraph (2) and inserting the 
                following:
            ``(2) In making determinations under paragraph (1)(A) and 
        (B), if domestic producers internally transfer, including to 
        affiliated persons as defined in section 771(33) of the Tariff 
        Act of 1930, significant production of the article like or 
        directly competitive with the imported article for the 
        production of a downstream article and sell significant 
        production of the article like or directly competitive with the 
        imported article in the merchant market, then the Commission, 
        in determining market share and the factors affecting financial 
        performance set forth in paragraph (1)(A) and (B), shall focus 
        primarily on the merchant market for the article like or 
        directly competitive with the imported article.
            ``(3) In making determinations under subsection (b), the 
        Commission shall--
                    ``(A) consider the condition of the domestic 
                industry over the course of the relevant business 
                cycle, but may not aggregate the causes of declining 
                demand associated with a recession or economic downturn 
                in the United States economy into a single cause of 
                serious injury or threat of injury; and
                    ``(B) examine factors other than imports which may 
                cause or threaten to cause serious injury to the 
                domestic industry.
         The Commission shall include the results of its examination 
        under subparagraph (B) in the report submitted by the 
        Commission to the President under subsection (e).
            ``(4) In making determinations under subsection (b), the 
        Commission shall consider whether any change in the volume of 
        imports that has occurred since a petition under subsection (a) 
        was filed or a request under subsection (b) was made is related 
        to the pendency of the investigation, and if so, the Commission 
        may reduce the weight accorded to the data for the period after 
        the petition under subsection (a) was filed or the request 
        under subsection (b) was made in making its determination of 
        serious injury, or the threat thereof.''; and
                    (F) in paragraph (5), as so redesignated--
                            (i) by striking ``and (B)'' and inserting 
                        ``, (B), and (C)''; and
                            (ii) by striking ``be a substantial cause 
                        of serious injury, or the threat thereof,'' and 
                        inserting ``cause or threaten to cause serious 
                        injury'';
            (4) in subsection (d)--
                    (A) in paragraph (1)(A)(ii), by striking ``be, or 
                likely to be a substantial cause of serious injury, or 
                the threat thereof,'' and inserting ``cause, or be 
                likely to cause, or threaten to cause, or be likely to 
                threaten to cause, serious injury'';
                    (B) in paragraph (1)(C), in the matter following 
                clause (ii), by striking ``a substantial cause of 
                serious injury, or the threat thereof,'' and inserting 
                ``causing or threatening to cause serious injury'';
                    (C) by amending paragraph (2)(A) to read as 
                follows:
            ``(2)(A) When a petition filed under subsection (a) or a 
        request filed under subsection (b) alleges that critical 
        circumstances exist and requests that provisional relief be 
        provided under this subsection with respect to imports of the 
        article identified in the petition or request, the Commission 
        shall, not later than 45 days after the petition or request is 
        filed, determine, on the basis of available information, 
        whether--
                    ``(i) there is clear evidence that increased 
                imports (either actual or relative to domestic 
                production) of the article are causing or threatening 
                to cause serious injury to the domestic industry 
                producing an article like or directly competitive with 
                the imported article; and
                    ``(ii) delay in taking action under this chapter 
                would cause damage to that industry that would be 
                difficult to repair.
        In making the evaluation under clause (ii), the Commission 
        should consider, among other factors that it considers 
        relevant, the timing and volume of the imports, including 
        whether there has been a substantial increase in imports over a 
        short period of time, and any other circumstances indicating 
        that delay in taking action under this chapter would cause 
        damage to the industry that would be difficult to repair.''; 
        and
                    (D) in paragraph (2)(D), by striking ``30'' and 
                inserting ``20''.
    (c) Presidential Determinations.--
            (1) Action by president.--Section 203(a) of the Trade Act 
        of 1974 (19 U.S.C. 2253(a)) is amended--
                    (A) in paragraph (1)(A), by striking ``and provide 
                greater economic and social benefits than costs'' and 
                inserting ``and will not have an adverse impact on the 
                United States clearly greater than the benefits of such 
                action'';
                    (B) in paragraph (2)(F), by striking 
                ``compensation;'' at the end of clause (iii) and 
                inserting the following: ``compensation, except that 
                the President shall give substantially greater weight 
                to the factors set out in clause (i) than to those set 
                out in clauses (ii) and (iii);''; and
                    (C) by amending paragraph (2)(I) to read as 
                follows:
                    ``(I) the potential for harm to the national 
                security of the United States; and''.
            (2) Implementation of action recommended by commission.--
        (A) Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c)) 
        is amended by striking ``90'' and inserting ``60''.
            (B) Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C. 
        2192(c)(1)) is amended by striking ``not counting any day which 
        is excluded under section 154(b),'' and inserting ``counting 
        all calendar days in the case of a resolution described in 
        subsection (a)(1)(A), and not counting any day which is 
        excluded under section 154(b) in the case of a resolution 
        described in subsection (a)(1)(B),''.
    (d) Conforming Amendments.--
            (1) Section 203(e)(6)(B) of the Trade Act of 1974 (19 
        U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''.
            (2) Section 264(c) of the Trade Act of 1974 (19 U.S.C. 
        2354(c)) is amended by striking ``a substantial cause of 
        serious injury or threat thereof'' and inserting ``causing or 
        threatening to cause serious injury''.
            (3) Section 154(b) of the Trade Act of 1974 (19 U.S.C. 
        2194(b)) is amended by striking the matter that precedes 
        paragraph (1) and inserting the following:
    ``(b) The 60-day period referred to in section 203(c) and the 90-
day period referred to in section 407(c)(2) shall be computed by 
excluding--''.

              TITLE III--INTERNATIONAL TRADE NEGOTIATIONS

SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE REMEDY LAWS.

    Section 2102(b)(14) of the Trade Act of 2002 (19 U.S.C. 3801(b)) is 
amended by adding at the end the following flush sentence:
        ``In order to carry out subparagraph (A), the United States 
        Trade Representative should refuse to agree to any proposal, 
        whether in the context of a trade agreement entered into under 
        the auspices of the World Trade Organization, or a free trade 
        agreement with another country or group of countries, that 
        would, either individually or in combination with other 
        proposals, weaken existing United States trade remedy laws 
        contained in title VII of the Tariff Act of 1930 or chapter 1 
        of title II of the Trade Act of 1974, including any proposal 
        that would make obtaining relief under these provisions more 
        difficult, uncertain, or costly for domestic industries to 
        achieve or maintain over time.''.

SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING TRADE AGREEMENTS.

    Section 2104(d)(3)(A) of the Trade Act of 2002 (19 U.S.C. 
3804(d)(3)(A)) is amended--
            (1) in clause (i), by striking ``and'' after the semicolon;
            (2) in clause (ii), by striking the period and inserting a 
        semicolon; and
            (3) by adding after clause (ii) the following:
                            ``(iii) with respect to each specific 
                        proposal that could require amendments to title 
                        VII of the Tariff Act of 1930 or chapter 1 of 
                        title II of the Trade Act of 1974, whether and 
                        to what extent the proposal would, either 
                        individually or in combination with other 
                        proposals, make obtaining relief under these 
                        provisions more difficult, uncertain, or costly 
                        for domestic industries to achieve or maintain 
                        over time; and
                            ``(iv) for each specific proposal that the 
                        President reports would not (whether 
                        individually or in combination with other 
                        proposals) make obtaining relief under title 
                        VII of the Tariff Act of 1930 or chapter 1 of 
                        title II of the Trade Act of 1974 more 
                        difficult, uncertain, or costly for domestic 
                        industries to achieve or maintain over time, a 
                        detailed explanation providing the basis for 
                        this conclusion.''.

SEC. 303. EFFECTIVE DATE.

    The amendments made by this title take effect on the date of the 
enactment of this Act.

 TITLE IV--CONGRESSIONAL ADVISORY COMMISSION ON WTO DISPUTE SETTLEMENT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Congressional Advisory Commission 
on WTO Dispute Settlement Act''.

SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States joined the World Trade Organization 
        as an original member with the goal of creating an improved 
        global trading system and providing expanded economic 
        opportunities for United States firms and workers.
            (2) The dispute settlement rules of the WTO were created to 
        enhance the likelihood that governments will observe their WTO 
        obligations.
            (3) These dispute settlement rules help ensure that the 
        United States can reap the full benefits of its participation 
        in the WTO and have acted, on balance, to the benefit of the 
        United States.
            (4) Successful operation of the WTO dispute settlement 
        system was critical to congressional approval of the Uruguay 
        Round Agreements and is critical to continued support by the 
        United States for the WTO. In particular, it is imperative that 
        dispute settlement panels and the Appellate Body--
                    (A) operate with fairness and in an impartial 
                manner;
                    (B) strictly observe the terms of reference and any 
                applicable standard of review set forth in the Uruguay 
                Round Agreements; and
                    (C) not add to the obligations, or diminish the 
                rights, of WTO members under the Uruguay Round 
                Agreements in violation of Articles 3.2 and 19.2 of the 
                Dispute Settlement Understanding.
            (5) An increasing number of reports by dispute settlement 
        panels and the Appellate Body have raised serious concerns 
        within the Congress about the ability of the WTO dispute 
        settlement system to operate in accordance with paragraph (4).
            (6) In particular, several reports of dispute settlement 
        panels and the Appellate Body have added to the obligations and 
        diminished the rights of WTO members, particularly under the 
        Agreement on Implementation of Article VI of the General 
        Agreement on Tariffs and Trade 1994, the Agreement on Subsidies 
        and Countervailing Measures, and the Agreement on Safeguards.
            (7) In order to come into compliance with reports of 
        dispute settlement panels and the Appellate Body that have been 
        adopted by the Dispute Settlement Body, the Congress may need 
        to amend or repeal statutes of the United States. In such 
        cases, the Congress must have a high degree of confidence that 
        the reports are in accordance with paragraph (4).
            (8) The Congress needs impartial, objective, and juridical 
        advice to determine the appropriate response to reports of 
        dispute settlement panels and the Appellate Body.
            (9) The United States remains committed to the 
        multilateral, rules-based trading system.
    (b) Purpose.--It is the purpose of this title to provide for the 
establishment of the Congressional Advisory Commission on WTO Dispute 
Settlement to provide objective and impartial advice to the Congress on 
the operation of the dispute settlement system of the World Trade 
Organization.

SEC. 403. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Congressional Advisory Commission on WTO Dispute Settlement (in 
this title referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 5 
        members, all of whom shall be judges or former judges of the 
        Federal judicial circuits and shall be appointed by the Speaker 
        of the House of Representatives and the President pro tempore 
        of the Senate after considering the recommendations of the 
        Chairman and ranking member of the Committee on Finance of the 
        Senate and the Chairman and ranking member of the Committee on 
        Ways and Means of the House of Representatives. Commissioners 
        shall be chosen without regard to political affiliation and 
        solely on the basis of each Commissioner's fitness to perform 
        the duties of a Commissioner.
            (2) Date.--The appointments of the initial members of the 
        Commission shall be made not later than 90 days after the date 
        of the enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members of the Commission shall each be 
        appointed for a term of 5 years, except that of the members 
        first appointed, 3 members shall be appointed for terms of 3 
        years.
            (2) Vacancies.--
                    (A) In general.--Any vacancy on the Commission 
                shall not affect its powers, but shall be filled in the 
                same manner as the original appointment was made and 
                shall be subject to the same conditions as the original 
                appointment.
                    (B) Unexpired term.--An individual chosen to fill a 
                vacancy shall be appointed for the unexpired term of 
                the member replaced.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    (e) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among its members.
    (h) Funding.--Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence at rates authorized 
for employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.

SEC. 404. DUTIES OF THE COMMISSION.

    (a) Advising Congress on the Operation of the WTO Dispute 
Settlement System.--
            (1) In general.--The Commission shall review--
                    (A) all adverse reports of dispute settlement 
                panels and the Appellate Body which are--
                            (i) adopted by the Dispute Settlement Body; 
                        and
                            (ii) the result of a proceeding initiated 
                        against the United States by a WTO member; and
                    (B) upon the request of the Committee on Ways and 
                Means of the House of Representatives or the Committee 
                on Finance of the Senate--
                            (i) any adverse report of a dispute 
                        settlement panel or the Appellate Body--
                                    (I) which is adopted by the Dispute 
                                Settlement Body; and
                                    (II) in which the United States is 
                                a complaining party; or
                            (ii) any other finding which is contained 
                        in a report of a dispute settlement panel or 
                        the Appellate Body that is adopted by the 
                        Dispute Settlement Body.
            (2) Scope of review.--The Commission shall advise the 
        Congress in connection with each adverse finding or other 
        finding under paragraph (1) (B) only whether--
                    (A) the dispute settlement panel or the Appellate 
                Body, as the case may be--
                            (i) exceeded its authority or its terms of 
                        reference;
                            (ii) added to the obligations, or 
                        diminished the rights, of the United States 
                        under the Uruguay Round Agreement which is the 
                        subject of the finding;
                            (iii) acted arbitrarily or capriciously, 
                        engaged in misconduct, or demonstrably departed 
                        from the procedures specified for panels and 
                        the Appellate Body in the applicable Uruaguay 
                        Round Agreement; and
                            (iv) deviated from the applicable standard 
                        of review, including in antidumping, 
                        countervailing duty, and other unfair trade 
                        remedy cases, the standard of review set forth 
                        in Article 17.6 of the Agreement on 
                        Implementation of Article VI of the General 
                        Agreement on Tariffs and Trade 1994; and
                    (B) the finding is consistent with the original 
                understanding by the United States of the Uruguay Round 
                Agreement that is the subject of the finding as 
                explained in the statement of administrative action 
                approved under section 101(a) of the Uruguay Round 
                Agreements Act (19 U.S.C. 3511(a)).
            (3) No deference.--Applying the standards set forth in 
        paragraph (2) does not require deference to findings of law 
        made by the dispute settlement panel or the Appellate Body, as 
        the case may be.
    (b) Determination; Report.--
            (1) Determination.--
                    (A) In general.--Not later than 150 days after the 
                date on which the Commission receives notice of a 
                report or request under section 405(b), the Commission 
                shall make a written determination with respect to the 
                matters described in paragraph (2) of subsection (a), 
                including a full analysis of the basis for its 
                determination. A vote by a majority of the members of 
                the Commission shall constitute a determination of the 
                Commission, although the members need not agree on the 
                basis for their vote.
                    (B) Dissenting or concurring opinions.--Any member 
                of the Commission who disagrees with a determination of 
                the Commission or who concurs in such a determination 
                on a basis different from that of the Commission or 
                other members of the Commission, may write an opinion 
                expressing such disagreement or concurrence, as the 
                case may be.
            (2) Report.--The Commission shall promptly report the 
        determinations described in paragraph (1)(A) to the Committee 
        on Ways and Means of the House of Representatives and the 
        Committee on Finance of the Senate. The Commission shall 
        include with the report any opinions written under paragraph 
        (1)(B) with respect to the determination.
    (c) Availability to the Public.--Each report of the Commission 
under subsection (b)(2), together with the opinions included with the 
report, shall be made available to the public.

SEC. 405. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold a public hearing to solicit 
views concerning a report of a dispute settlement panel or the 
Appellate Body described in section 404(a)(1), if the Commission 
considers such hearing to be necessary to carry out the purpose of this 
title. The Commission shall provide reasonable notice of a hearing held 
pursuant to this subsection.
    (b) Information From Interested Parties and Federal Agencies.--
            (1) Notice to commission.--
                    (A) Under section 404(a)(1)(A).--The Trade 
                Representative shall advise the Commission not later 
                than 5 business days after the date the Dispute 
                Settlement Body adopts a report of a panel or the 
                Appellate Body that is to be reviewed by the Commission 
                under section 404(a)(1)(A).
                    (B) Under section 404(a)(1)(B).--The Committee on 
                Ways and Means or the Committee on Finance, as the case 
                may be, may make and notify the Commission of a request 
                under section 404(a)(1)(B) not later than 1 year after 
                the Dispute Settlement Body adopts the report that is 
                the subject of the request.
                    (C) Reports adopted prior to appointment of 
                commission.--With respect to any report to which 
                section 404(a)(1)(B) applies and that is adopted before 
                the date on which the first members of the Commission 
                are appointed under section 403(b)(2), the Committee on 
                Ways and Means or the Committee on Finance, as the case 
                may be, may make and notify the Commission of a request 
                under section 404(a)(1)(B) with respect to that report 
                not later than 1 year after the date on which the first 
                members of the Commission are appointed under section 
                403(b)(2).
            (2) Submissions and requests for information.--
                    (A) In general.--The Commission shall promptly 
                publish in the Federal Register notice of the notice 
                received under paragraph (1) from the Trade 
                Representative, the Committee on Ways and Means, or the 
                Committee on Finance, as the case may be, along with 
                notice of an opportunity for interested parties to 
                submit written comments to the Commission. The 
                Commission shall make comments submitted pursuant to 
                the preceding sentence available to the public.
                    (B) Information from federal agencies and 
                departments.--The Commission may also secure directly 
                from any Federal department or agency such information 
                as the Commission considers necessary to carry out the 
provisions of this title. Upon the request of the chairperson of the 
Commission, the head of such department or agency shall furnish the 
information requested to the Commission in a timely manner.
            (3) Access to panel and appellate body documents.--
                    (A) In general.--The Trade Representative shall 
                make available to the Commission all submissions and 
                relevant documents relating to a report of a panel or 
                the Appellate Body described in section 404(a)(1), 
                including any information contained in such submissions 
                identified by the provider of the information as 
                proprietary information or information designated as 
                confidential by a foreign government.
                    (B) Public access.--Any document which the Trade 
                Representative submits to the Commission shall be 
                available to the public, except information which is 
                identified as proprietary or confidential or the 
                disclosure of which would otherwise violate the rules 
                of the WTO.
    (c) Assistance From Federal Agencies; Confidentiality.--
            (1) Administrative assistance.--Any agency or department of 
        the United States that is designated by the President shall 
        provide administrative services, funds, facilities, staff, or 
        other support services to the Commission to assist the 
        Commission with the performance of the Commission's functions.
            (2) Confidentiality.--The Commission shall protect from 
        disclosure any document or information submitted to it by a 
        department or agency of the United States which the agency or 
        department requests be kept confidential. The Commission shall 
        not be considered to be an agency for purposes of section 552 
        of title 5, United States Code.

SEC. 406. SENSE OF CONGRESS REGARDING PARTICIPATION IN WORLD TRADE 
              ORGANIZATION PANEL PROCEEDINGS.

    It is the sense of the Congress that, to the maximum extent 
permissible under the rules and practices of the WTO--
            (1) if the Trade Representative, in proceedings before a 
        dispute settlement panel or the Appellate Body of the WTO, 
        seeks--
                    (A) to enforce United States rights under a 
                multilateral trade agreement; or
                    (B) to defend a challenged action or determination 
                of the United States Government,
         a private United States person that is supportive of the 
        United States Government's position before the panel or the 
        Appellate Body and that has a direct and tangible interest in 
        the panel's or the Appellate Body's resolution of the matters 
        in dispute should be permitted to observe and have access to 
        the proceedings;
            (2) the Trade Representative should make available to 
        United States persons described in paragraph (1) all 
        information presented to or otherwise obtained by the Trade 
        Representative in connection with the applicable WTO dispute 
        settlement proceeding; and
            (3) upon the request of a United States person described in 
        paragraph (1), the Trade Representative should--
                    (A) consult in advance with such United States 
                person regarding the content of written submissions 
                from the United States to the panel concerned or to the 
                other member countries involved;
                    (B) include, where appropriate, such United States 
                person, or the appropriate representative of that 
                person, as an advisory member of the United States 
                delegation in sessions of the dispute settlement panel; 
                and
                    (C) allow such United States person, if such person 
                would bring special knowledge to the proceeding and 
                would be useful to the United States case, to appear 
                before the panel, directly or through counsel, under 
                the supervision of responsible United States Government 
                officials.

SEC. 407. DEFINITIONS.

     In this title:
            (1) Adverse finding.--The term ``adverse finding'' means--
                    (A) in a proceeding of a panel or the Appellate 
                Body that is initiated against the United States, a 
                finding by the panel or the Appellate Body that any law 
                or regulation of, or application thereof by, the United 
                States, or any State, is inconsistent with the 
                obligations of the United States under a Uruguay Round 
                Agreement (or nullifies or impairs benefits accruing to 
                a WTO member under such an Agreement); or
                    (B) in a proceeding of a panel or the Appellate 
                Body in which the United States is a complaining party, 
                any finding by the panel or the Appellate Body that a 
                measure of the party complained against is not 
                inconsistent with that party's obligations under a 
                Uruguay Round Agreement (or does not nullify or impair 
                benefits accruing to the United States under such an 
                Agreement).
            (2) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established by the Dispute Settlement Body 
        pursuant to Article 17.1 of the Dispute Settlement 
        Understanding.
            (3) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body established pursuant 
        to the Dispute Settlement Understanding.
            (4) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (5) Dispute settlement understanding.--The term ``Dispute 
        Settlement Understanding'' means the Understanding on Rules and 
        Procedures Governing the Settlement of Disputes referred to 
in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(16)).
            (6) Terms of reference.--The term ``terms of reference'' 
        has the meaning given such term in the Dispute Settlement 
        Understanding.
            (7) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (8) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the Agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            (9) United States person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien admitted 
                for permanent residence into the United States; and
                    (B) a corporation, partnership, or other legal 
                entity organized under the laws of the United States or 
                of any State, the District of Columbia, or any 
                commonwealth, territory, or possession of the United 
                States.
            (10) World trade organization; wto.--The terms ``World 
        Trade Organization'' and ``WTO'' mean the organization 
        established pursuant to the WTO Agreement.
            (11) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
            (12) WTO member.--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)).

SEC. 408. EFFECTIVE DATE.

    This title shall take effect on the date of the enactment of this 
Act.

                   TITLE V--STEEL IMPORT NOTIFICATION

SEC. 501. STEEL IMPORT LICENSING AND SURGE MONITORING PROGRAM.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Commerce, in consultation with 
the Secretary of the Treasury, shall establish and implement a steel 
import licensing and surge 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, and any person importing a product which was classified under 
either such chapter but has been the subject of temporary 
modifications, established pursuant to trade remedy laws, under chapter 
99 of the Harmonized Tariff Schedule of the United States, obtain a 
steel import license before such products are entered into the United 
States. The program established under this subsection shall remain in 
effect regardless of the termination of any measures imposed under 
section 201 of the Trade Act of 1974 with respect to any product 
classified under chapter 72 or 73 of the Harmonized Tariff Schedule of 
the United States.
    (b) Modification of Existing Regulations.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Commerce 
shall modify regulations in effect under sections 360.101 through 
360.108 of title 19, Code of Federal Regulations, on the date of the 
enactment of this Act to conform to the provisions of this title.
    (c) Steel Import Licenses.--
            (1) In general.--The Secretary of Commerce shall issue a 
        steel import license to any person who files an application 
        that meets the requirements of this section.
            (2) Application.--In order to obtain a steel import 
        license, an importer, customs broker, or agent shall submit an 
        application to the Secretary of Commerce containing--
                    (A) the filer's company name and address;
                    (B) the filer's contact name, phone number, fax 
                number, and e-mail address;
                    (C) a statement as to whether the goods are being 
                entered for consumption, or for entry into a bonded 
                warehouse or foreign trade zone, or for entry under a 
                temporary importation bond, or for being entered for 
                transportation and exportation;
                    (D) the importer's name;
                    (E) the manufacturer's name;
                    (F) the country of origin;
                    (G) the country of exportation;
                    (H) the expected date of export;
                    (I) the expected date of import;
                    (J) the expected port of entry;
                    (K) a description of the goods, including the 
                current classification of such goods under the 
                Harmonized Tariff Schedule of the United States;
                    (L) the most recent classification of such goods 
                under the Harmonized Tariff Schedule of the United 
                States prior to temporary modifications established 
                pursuant to trade remedy laws, if the current 
                classification of such goods is under chapter 99 of the 
                Harmonized Tariff Schedule of the United States;
                    (M) the quantity of such goods (in kilograms);
                    (N) the customs value of such goods in United 
                States dollars; and
                    (O) any other information that the Secretary of 
                Commerce determines to be necessary and appropriate.
            (3) Certification.--The importer, customs broker, or agent 
        submitting the application under paragraph (2) must certify the 
        accuracy and completeness of the information submitted.
            (4) Time period for application.--An application for a 
        steel import license may be submitted on the date of 
        importation or on any date up to 60 days before the expected 
        date of importation or, in the case of products withdrawn for 
        consumption from a bonded warehouse, until the date of entry 
        summary.
            (5) Duration of steel import license.--A steel import 
        license shall be valid for a period of 75 days beginning on the 
        date on which it is issued.
            (6) Entries for consumption.--All entries for consumption 
        of products classified under chapter 72 or 73 of the Harmonized 
        Tariff Schedule of the United States, or which were classified 
        under such chapters 72 and 73 but have been the subject of 
        temporary modifications, established pursuant to trade remedy 
        laws, under chapter 99 of the Harmonized Tariff Schedule of the 
        United States, other than informal entries described in 
        paragraph (8), require an import license prior to the filing of 
        Customs entry summary documents. The license numbers shall be 
        reported on the entry summary at the time of filing.
            (7) Foreign trade zone entries.--All shipments of products 
        classified under chapter 72 or 73 of the Harmonized Tariff 
        Schedule of the United States, or which were classified under 
        either such chapter but have been the subject of temporary 
        modifications, established pursuant to trade remedy laws under 
        chapter 99 of the Harmonized Tariff Schedule of the United 
        States, into foreign trade zones shall require an import 
        license prior to the filing of foreign trade zone admission 
        documents. The license numbers shall be reported on the 
        application for foreign trade zone admission or status 
        designation at the time of filing. An additional steel license 
        shall not be required for shipments from the foreign trade zone 
        into the commerce of the United States.
            (8) Informal entries.--No import license shall be required 
        for informal entries of products classified under chapter 72 or 
        73 of the Harmonized Tariff Schedule of the United States, or 
        which were classified under either such chapter but have been 
        the subject of temporary modifications, established pursuant to 
        trade remedy laws under chapter 99 of the Harmonized Tariff 
        Schedule of the United States, if such merchandise is valued at 
        less than $2,000.
            (9) Other non-consumption entries.--Import licenses shall 
        not be required on temporary importation bond (``TIB'') 
        entries, transportation and exportation (T&E) entries, or 
        entries into a bonded warehouse. Products that--
                    (A) are classified under chapter 72 or 73 of the 
                Harmonized Tariff Schedule of the United States, or 
                were classified under either such chapter but have been 
                the subject of temporary modifications, established 
                pursuant to trade remedy laws under chapter 99 of the 
                Harmonized Tariff Schedule of the United States, and
                    (B) are withdrawn for consumption from a bonded 
                warehouse,
        shall require a license at the entry summary.
    (d) Failure To Report License Number.--
            (1) Entries for consumption.--Entry summaries submitted 
        without the required license numbers shall be considered 
        incomplete and shall be subject to liquidated damages for 
        violation of the bond condition requiring timely completion of 
        entry.
            (2) Foreign trade zone entries.--Foreign trade zone 
        admission documents submitted without the required license 
        numbers shall not be considered complete and shall be subject 
        to liquidated damages for violation of the bond condition 
        requiring timely completion of admission.
    (e) Steel Import Surge Monitoring System.--
            (1) In general.--The Secretary of Commerce shall compile 
        and publish on a weekly basis information described in 
        paragraph (2).
            (2) Information.--Information described in this paragraph 
        means information obtained from steel import license 
        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 for entries of products under chapter 72 or 73 of such 
        Schedule, or to the eighth digit for all entries of covered 
        products under chapter 99 of such Schedule), the country of 
        origin, the port of entry, quantity, value of steel imported, 
        the average unit value of steel imported, and whether the 
        imports were entered for consumption or entered into a foreign 
        trade zone. Such information shall 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.
    (f) 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 license under this section. No 
fees shall be charged for accessing the information compiled and 
published by the Secretary of Commerce for the steel import surge 
monitoring system.
    (g) 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.
    (h) Regulations.--The Secretary of Commerce may prescribe such 
regulations relating to the steel import license and surge monitoring 
program as may be necessary to carry out the provisions of this 
section.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. CONSTRUCTION.

    The amendments made by this Act shall not be construed to create 
any inference with respect to the interpretation of the provisions of 
law amended by this Act as such provisions were in effect before the 
enactment of this Act.

SEC. 602. APPLICATION TO GOODS FROM CANADA AND MEXICO.

    Pursuant to section 1902 of the North American Free Trade Agreement 
and section 408 of the North American Free Trade Agreement 
Implementation Act, the amendments made by this Act shall apply to 
goods from Canada and Mexico.
                                 <all>