[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5043 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5043

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2006

 Mr. Cardin (for himself and Mr. Levin) 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoring 
America's Competitiveness Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--IMPLEMENTING A 21ST CENTURY STRATEGIC TRADE POLICY FOR THE 
                             UNITED STATES

Sec. 101. National Commission on International Economic Policy.
Sec. 102. ITC reports on trade agreements.
Sec. 103. Negotiating objectives regarding trade remedy laws.
Sec. 104. Consultations and assessments regarding trade Agreements.
Sec. 105. Effective date.
            TITLE II--AMERICAN MANUFACTURING COMPETITIVENESS

Sec. 201. Affirmation of negotiating objective on border taxes.
Sec. 202. Presidential certification; application of U.S. 
                            countervailing duty law.
                     TITLE III--DISPUTE SETTLEMENT

Subtitle A--Congressional Advisory Commission on WTO Dispute Settlement

Sec. 301. Congressional findings and purpose.
Sec. 302. Establishment of Commission.
Sec. 303. Duties of the Commission.
Sec. 304. Powers of the Commission.
Sec. 305. Definitions.
Sec. 306. Effective date.
           Subtitle B--Participation in WTO Panel Proceedings

Sec. 311. Participation in WTO panel proceedings.
Sec. 312. Definitions.
                  Subtitle C--Trade Dispute Functions

Sec. 321. Responsibility of USTR.
                          TITLE IV--SUBSIDIES

Sec. 401. Application of countervailing duties to nonmarket economy 
                            countries.
Sec. 402. Clarification to include exchange-rate manipulation as 
                            countervailable subsidy under title VII of 
                            the Tariff Act of 1930.
Sec. 403. ITC study of subsidies by People's Republic of China.
             TITLE V--STRENGTHENING U.S. UNFAIR TRADE LAWS

                  Subtitle A--Determination of Dumping

Sec. 501. Polling of industry support in antidumping cases.
Sec. 502. New shipper bonding privilege.
Sec. 503. Prevention of circumvention.
Sec. 504. Absorption of antidumping duties.
Sec. 505. Absorption of antidumping duties in sunset review.
Sec. 506. Export price and constructed export price.
Sec. 507. Nonmarket economy methodology.
Sec. 508. Adjustment of constructed values for imputed credit costs.
Sec. 509. Determinations on the basis of facts available.
               Subtitle B--Determination of Subsidization

Sec. 521. Countervailable subsidy.
              Subtitle C--Determination of Material Injury

Sec. 531. Period to determine material injury.
Sec. 532. Captive production.
Sec. 533. Price.
Sec. 534. Vulnerability of industry; cumulation.
Sec. 535. Causal relationship between imports and injury.
Sec. 536. Perishable agricultural products.
Sec. 537. Antidumping cases against the European Union.
Sec. 538. Verification by the commission.
                     Subtitle D--General Provisions

Sec. 541. Determination of cash deposit rates.
Sec. 542. Exchange of information between and among agencies.
Sec. 543. Liquidation of certain entries.
Sec. 544. Assistant Attorney General for Trade Law Enforcement.
                       Subtitle E--Effective Date

Sec. 551. Effective date.
                     TITLE VI--SAFEGUARD AMENDMENTS

                   Subtitle A--Safeguards in General

Sec. 601. Amendments to chapter 1 of title II of the Trade Act of 1974.
                   Subtitle B--Fair Trade With China

Sec. 611. Clarification of standard for Presidential action on ITC 
                            finding of market disruption.
                    Subtitle C--Report on Doha Round

Sec. 621. Report.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Construction.
Sec. 702. Application to goods from Canada and Mexico.

  TITLE I--IMPLEMENTING A 21st CENTURY STRATEGIC TRADE POLICY FOR THE 
                             UNITED STATES

SEC. 101. NATIONAL COMMISSION ON INTERNATIONAL ECONOMIC POLICY.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on International Economic Policy'' (in 
this section referred to as the ``Commission'').
    (b) Responsibilities.--The Commission shall prepare and submit to 
the Congress, not later than 12 months after the members of the 
Commission are first appointed, a report containing the Commission's 
recommendations for a comprehensive trade negotiating strategy for the 
United States. In the report, the Commission shall address the 
following:
            (1) Burgeoning United States trade deficits and their 
        consequences for the United States and global economies.
            (2) Historically unprecedented levels of foreign holdings 
        of United States debt arising out of the deficits, and the 
        consequences of those levels for the United States and global 
        economies.
            (3) New evidence and reports that increased trade alone 
        does not increase standards of living in the United States or 
        around the world.
            (4) The causes and impact of badly stalled multilateral 
        trade negotiations and options for moving the negotiations to 
        closure speedily.
            (5) Disturbing data that most of the world's poorest 
        countries account for a smaller share of world trade in 2006 
        than they did a generation ago.
            (6) Challenges and new responsibilities facing more 
        advanced developing countries.
            (7) The impact of the People's Republic of China on global 
        trade flows.
            (8) The impact of unfair trade practices by the People's 
        Republic of China, including currency manipulation and 
        subsidies.
            (9) The adequacy of existing international trade rules to 
        address resurgent government industrial policies aborad, such 
        as in the People's Republic of China, the Russian Federation, 
        and the European Union, and in sectors such as large commercial 
        aircraft and commercial aircraft engines.
            (10) The decline of the United States manufacturing sector 
        in general and employment in the United States manufacturing 
        sector in particular.
            (11) Outsourcing and temporary entry issues in the services 
        sector.
    (c) Membership.--
            (1) Appointment.--The Commission shall be composed of 9 
        members, who shall be appointed as follows:
                    (A) 2 members shall be appointed by the Speaker of 
                the House of Representatives.
                    (B) 2 members shall be appointed by the minority 
                leader of the House of Representatives.
                    (C) 2 members shall be appointed by the majority 
                leader of the Senate.
                    (D) 2 members shall be appointed by the minority 
                leader of the Senate.
                    (E) 1 member, who shall be the chairperson of the 
                Commission, shall be appointed by the other 8 members 
                of the Commission.
            (2) Qualifications.--Members of the Commission shall be 
        appointed from among persons who, because of their knowledge 
        and experience, are leaders in the field of international trade 
        and finance, including leaders in the fields of labor, 
        business, nongovernmental organizations, and academia. Members 
        shall be appointed without regard to political affiliation and 
        solely on the basis of their fitness to perform the duties of 
        the Commission.
            (3) Date.--The appointments of the initial members of the 
        Commission shall be made not later than 30 days after the date 
        of the enactment of this Act.
            (4) Period of appointment; vacancies.--
                    (A) In general.--Members of the Commission shall 
                each be appointed for the life of the Commission.
                    (B) Vacancies.--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.
    (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) 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.
    (h) Information From Federal Agencies and Departments.--
            (1) In general.--The Commission may secure directly from 
        any Federal department or agency such information as the 
        Commission considers necessary to carry out the provisions of 
        this section. 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.
            (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.
    (i) Hearings.--The Commission may hold such hearings as the 
Commission considers necessary to carry out its functions.
    (j) Termination of Commission.--The Commission shall terminate 30 
days after the date on which it submits its report to the Congress 
under subsection (b).
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 102. ITC REPORTS ON TRADE AGREEMENTS.

    Section 2104 of the Bipartisan Trade Promotion Authority Act of 
2002 (19 U.S.C. 3804) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Reports by ITC.--
            ``(1) Prior to negotiations.--At least 120 days before 
        initiating negotiations with respect to any agreement that is 
        subject to the provisions of section 2103(b), the President 
        shall notify the International Trade Commission of the proposed 
        negotiations. The Commission shall, by not later than the end 
        of that 120-day period, prepare and submit to the Congress a 
        comprehensive report on the effects the proposed agreement may 
        have on industries in the United States, both in terms of 
        effects of increased imports into the United States and 
        benefits of potential increases in exports of products and 
        services of the United States to foreign countries that would 
        be parties to the agreement.
            ``(2) Subsequent reports.--The International Trade 
        Commission shall prepare and submit to the Congress reports on 
        the effects of any agreement subject to the provisions of 
        section 2103(b) that is entered into pursuant to the 
        negotiations on which a report is submitted under paragraph 
        (1), both in terms of effects of increased imports into the 
        United States and benefits of increased exports of products and 
        services of the United States to foreign countries that are 
        parties to the agreement. Reports under this paragraph shall be 
        submitted to the Congress not later than 1 year, 3 years, 5 
        years, and 10 years after the agreement is entered into.''.

SEC. 103. 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 not 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 those provisions more difficult, uncertain, or 
costly for domestic industries to achieve or maintain over time.''.

SEC. 104. 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. 105. EFFECTIVE DATE.

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

            TITLE II--AMERICAN MANUFACTURING COMPETITIVENESS

SEC. 201. AFFIRMATION OF NEGOTIATING OBJECTIVE ON BORDER TAXES.

    The Congress reaffirms the negotiating objective relating to border 
taxes set forth in section 2102(b)(15) of the Trade Act of 2002 (19 
U.S.C. 3802(b)(15).

SEC. 202. PRESIDENTIAL CERTIFICATION; APPLICATION OF U.S. 
              COUNTERVAILING DUTY LAW.

    (a) Certification by the President.--If by January 1, 2008, the 
President does not certify to the Congress that, under the Agreement on 
Subsidies and Countervailing Measures or subsequent agreement of the 
World Trade Organization, the full or partial exemption, remission, or 
deferral specifically related to exports of direct taxes is treated in 
the same manner as the full or partial exemption, remission, or 
deferral specifically related to exports of indirect taxes, then as of 
January 1, 2008, the Secretary of Commerce, in any investigation 
conducted under subchapter A of title VII of the Tariff Act of 1930 to 
determine whether a countervailable subsidy is being provided with 
respect to a product of a country that provides the full or partial 
exemption, remission, or deferral specifically related to exports of 
indirect taxes on products exported from that country, shall treat as a 
countervailable subsidy the full or partial exemption, remission, or 
deferral specifically related to exports of indirect taxes paid on that 
product.
    (b) Definitions.--In this section:
            (1) Agreement on subsidies and countervailing measures.--
        The term ``Agreement on Subsidies and Countervailing Measures'' 
        means the agreement referred to in section 101(d)(12) of the 
        Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
            (2) Direct taxes.--The term ``direct taxes'' means taxes on 
        wages, profits, interest, rents, royalties, and all other forms 
        of income, and taxes on the ownership of real property.
            (3) Import charges.--The term ``import charges'' means 
        tariffs, duties, and other fiscal charges that are levied on 
        imports.
            (4) Indirect taxes.--The term ``indirect taxes'' means 
        sales, excise, turnover, value added, franchise, stamp, 
        transfer, inventory, and equipment taxes, border taxes, and all 
        taxes other than direct taxes and import charges.
            (5) Full or partial exemption, remission, or deferral 
        specifically related to exports of direct taxes.--The term 
        ``full or partial exemption, remission, or deferral 
        specifically related to exports of direct taxes'' means direct 
        taxes that are paid to the United States Government by a 
        business concern and are fully or partially exempted, remitted, 
        or deferred by the Government by reason of the export by that 
        business concern of its products from the United States.
            (6) Full or partial exemption, remission, or deferral 
        specifically related to exports of indirect taxes.--The term 
        ``full or partial exemption, remission, or deferral 
        specifically related to exports of indirect taxes'' means 
        indirect taxes that are paid to the government of a country by 
        a business concern and are fully or partially exempted, 
        remitted, or deferred by that government by reason of the 
        export by that business concern of its products from that 
        country.
    (c) Effective Period.--
            (1) In general.--Subsection (a) shall cease to be effective 
        on the date on which the President makes a certification 
        described in subsection (a).
            (2) Termination of cvd orders.--Any countervailing duty 
        order that is issued pursuant to an investigation conducted 
        under subsection (a) and is still in effect on the date 
        described in paragraph (1) shall terminate on that date.

                     TITLE III--DISPUTE SETTLEMENT

Subtitle A--Congressional Advisory Commission on WTO Dispute Settlement

SEC. 301. 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 workers, farmers, and 
        businesses.
            (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.
            (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 subtitle 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. 302. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Congressional Advisory Commission on WTO Dispute Settlement (in 
this subtitle 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. 303. 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 Uruguay 
                        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) requires that the Commission not accord 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 304(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. 304. 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 303(a)(1), if the Commission 
considers such hearing to be necessary to carry out the purpose of this 
subtitle. 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 303(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 303(a)(1)(A).
                    (B) Under section 303(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 303(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 303(a)(1)(B) applies and that is adopted before 
                the date on which the first members of the Commission 
                are appointed under section 302(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 303(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 
                302(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 subtitle. 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 303(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. 305. DEFINITIONS.

    In this subtitle:
            (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 that 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) World trade organization; wto.--The terms ``World Trade 
        Organization'' and ``WTO'' mean the organization established 
        pursuant to the WTO Agreement.
            (10) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
            (11) 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. 306. EFFECTIVE DATE.

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

           Subtitle B--Participation in WTO Panel Proceedings

SEC. 311. PARTICIPATION IN WTO PANEL PROCEEDINGS.

    (a) In General.--If the United States Trade Representative, in 
proceedings before a dispute settlement panel or the Appellate Body of 
the WTO, seeks--
            (1) to enforce United States rights under a multilateral 
        trade agreement, or
            (2) 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 Appellate Body and that has a 
direct economic interest in the panel's or Appellate Body's resolution 
of the matters in dispute shall be permitted to participate in 
consultations and panel proceedings. The Trade Representative shall 
issue regulations, consistent with subsections (b) and (c), ensuring 
full and effective participation by any such private person.
    (b) Access to Information.--The United States Trade Representative 
shall make available to persons described in subsection (a) all 
information presented to or otherwise obtained by the Trade 
Representative in connection with a WTO dispute settlement proceeding. 
The United States Trade Representative shall promulgate regulations 
implementing a protective order system to protect information 
designated by the submitting member as confidential.
    (c) Participation in Panel Process.--Upon request from a person 
described in subsection (a), the United States Trade Representative 
shall--
            (1) consult in advance with such person regarding the 
        content of written submissions from the United States to the 
        WTO panel concerned or to the other member countries involved;
            (2) include, if appropriate, such person or its appropriate 
        representative as an advisory member of the delegation in 
        sessions of the dispute settlement panel;
            (3) allow such special delegation member, if such member 
        would bring special knowledge to the proceeding, to appear 
        before the panel, directly or through counsel, under the 
        supervision of responsible United States Government officials; 
        and
            (4) in proceedings involving confidential information, 
        allow the appearance of such person only through counsel as a 
        member of the special delegation.

SEC. 312. DEFINITIONS.

     In this subtitle:
            (1) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established under Article 17.1 of the Dispute 
        Settlement Understanding.
            (2) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (3) 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.
            (4) 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.
            (5) WTO.--The term ``WTO'' means the organization 
        established pursuant to the WTO Agreement.
            (6) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.

                  Subtitle C--Trade Dispute Functions

SEC. 321. RESPONSIBILITY OF USTR.

    Section 141(c)(1)(C) of the Trade Act of 1974 (19 U.S.C. 
2171(c)(1)(C)) is amended--
            (1) by striking ``(C)'' and inserting ``(C)(i)''; and
            (2) by adding at the end the following:
            ``(ii) have lead responsibility for investigating, and 
        representing the United States in, disputes before the World 
        Trade Organization and disputes arising under other trade 
        agreements to which the United States is a party;''.

                          TITLE IV--SUBSIDIES

SEC. 401. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMY 
              COUNTRIES.

    (a) In General.--Section 701(a)(1) of the Tariff Act of 1930 (19 
U.S.C. 1671(a)(1)) is amended by inserting ``(including a nonmarket 
economy country)'' after ``country'' each place it appears.
    (b) Use of Alternate Methodologies.--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 the administering authority, with respect to a 
nonmarket economy country, encounters special difficulties in 
calculating the amount of a benefit under clause (i), (ii), (iii), or 
(iv), the administering authority may use methodologies for identifying 
and measuring the subsidy benefit which take into account the 
possibility that prevailing terms and conditions in that country may 
not always be available as appropriate benchmarks.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
apply to petitions filed under section 702 of the Tariff Act of 1930 on 
or after the date of the enactment of this Act.
    (d) Antidumping Provisions not Affected.--The amendments made by 
subsections (a) and (b) shall not affect the status of a country as a 
nonmarket economy country for the purposes of any matter relating to 
antidumping duties under the Tariff Act of 1930.

SEC. 402. CLARIFICATION TO INCLUDE EXCHANGE-RATE MANIPULATION AS 
              COUNTERVAILABLE SUBSIDY UNDER TITLE VII OF THE TARIFF ACT 
              OF 1930.

    (a) Amendments to Definition of Countervailable Subsidy.--Section 
771(5)(D) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(D)) is amended--
            (1) by striking ``The term'' and inserting ``(i) The 
        term'';
            (2) by redesignating clauses (i) through (iv) as subclauses 
        (I) through (IV), respectively; and
            (3) by adding at the end the following:
                    ``(ii) In addition to clause (i), the term 
                `provides a financial contribution' means to engage in 
                exchange-rate manipulation (as defined in paragraph 
                (5C)).''.
    (b) Definition of Exchange-Rate Manipulation.--Section 771 of the 
Tariff Act of 1930 (19 U.S.C. 1677) is amended by inserting after 
paragraph (5B) the following new paragraph:
            ``(5C) Definition of exchange-rate manipulation.--
                    ``(A) In general.--For purposes of paragraphs (5) 
                and (5A), the term `exchange-rate manipulation' means 
                protracted large-scale intervention by an authority to 
                undervalue its currency in the exchange market that 
                prevents effective balance-of-payments adjustment or 
                that gains an unfair competitive advantage over any 
                other country.
                    ``(B) Factors.--In determining whether exchange-
                rate manipulation is occurring and a benefit thereby 
                conferred, the administering authority in each case--
                            ``(i) shall consider the exporting 
                        country's--
                                    ``(I) bilateral balance-of-trade 
                                surplus or deficit with the United 
                                States;
                                    ``(II) balance-of-trade surplus or 
                                deficit with its other trading partners 
                                individually and in the aggregate;
                                    ``(III) foreign direct investment 
                                in its territory;
                                    ``(IV) currency-specific and 
                                aggregate amounts of foreign currency 
                                reserves; and
                                    ``(V) mechanisms employed to 
                                maintain its currency at a fixed 
                                exchange rate relative to another 
                                currency and, particularly, the nature, 
                                duration, monetary expenditures, and 
                                potential monetary expenditures of 
                                those mechanisms;
                            ``(ii) may consider such other economic 
                        factors as are relevant; and
                            ``(iii) shall measure the trade surpluses 
                        or deficits described in subclauses (I) and 
                        (II) of clause (i) with reference to the trade 
                        data reported by the United States and the 
                        other trading partners of the exporting 
                        country, unless such trade data are not 
                        available or are demonstrably inaccurate, in 
                        which case the exporting country's trade data 
                        may be relied upon if shown to be sufficiently 
                        accurate and trustworthy.
                    ``(C) Type of economy.--An authority found to be 
                engaged in exchange-rate manipulation may have either a 
                market economy or a nonmarket economy or a combination 
                thereof.''.

SEC. 403. ITC STUDY OF SUBSIDIES BY PEOPLE'S REPUBLIC OF CHINA.

    (a) Investigation.--The United States International Trade 
Commission shall conduct a study, under section 332 of the Tariff Act 
of 1930 (19 U.S.C. 1332), regarding how the People's Republic of China 
uses government intervention to promote investment, employment, and 
exports. The study shall comprehensively catalog, and when possible 
quantify, the practices and policies that central, provincial, and 
local government bodies in the People's Republic of China use to 
support and to attempt to influence decisionmaking in China's 
manufacturing enterprises and industries. Chapters of this study shall 
include, but not be limited to, the following:
            (1) Privatization and private ownership.
            (2) Nonperforming loans.
            (3) Price coordination.
            (4) Selection of industries for targeted assistance.
            (5) Banking and finance.
            (6) Utility rates.
            (7) Infrastructure development.
            (8) Taxation.
            (9) Restraints on imports and exports.
            (10) Research and development.
            (11) Worker training and retraining.
            (12) Rationalization and closure of uneconomic enterprises.
    (b) Timing of Reports on Study.--The Congress requests that--
            (1) not later than 9 months after the date of the enactment 
        of this Act, the International Trade Commission complete its 
        study under subsection (a) and submit a report on the study to 
        the Committee on Ways and Means of the House of Representatives 
        and the Committee on Finance of the Senate; and
            (2) not later than 1 year after the report under paragraph 
        (1) is submitted, and annually thereafter through 2016, the 
        International Trade Commission prepare and submit to the 
        committees referred to in paragraph (1) an update of the 
        report.

             TITLE V--STRENGTHENING U.S. UNFAIR TRADE LAWS

                  Subtitle A--Determination of Dumping

SEC. 501. POLLING OF INDUSTRY SUPPORT IN ANTIDUMPING CASES.

    Section 732(c)(4)(D) of the Tariff Act of 1930 (19 U.S.C. 
1673a(c)(5)(D)) is amended by adding at the end the following flush 
sentences:
                ``If a petitioner requests that polling be done because 
                of the large number of producers, the administering 
                authority shall obtain from relevant Federal agencies 
                lists of producers that are compiled for other 
                purposes, including reports of the Census Bureau and 
                the United States Department of Agriculture, to permit 
                such polling. If the agencies are unable or unwilling 
                to supply such information because of privacy or other 
                restrictions, the administering authority shall not 
                poll the industry, but shall exercise its authority to 
                initiate an investigation under subsection (a)(1) if 
                the information in the petition otherwise warrants the 
                initiation of such an investigation.''.

SEC. 502. NEW SHIPPER BONDING PRIVILEGE.

     Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1675(a)(2)(B)) is amended--
            (1) by striking clause (iii); and
            (2) by redesignating clause (iv) as clause (iii).

SEC. 503. 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. 504. ABSORPTION OF ANTIDUMPING DUTIES.

    Section 772(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1677a(d)(1)) 
is amended--
            (1) in subparagraph (C), by striking ``and'';
            (2) in subparagraph (D), by adding ``and'' after the 
        semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the amount of any antidumping duty determined 
                to be due, unless evidence of record demonstrates that 
                such duty will be paid by a purchaser not affiliated 
                with the producer or exporter.''.

SEC. 505. ABSORPTION OF ANTIDUMPING DUTIES IN SUNSET REVIEW.

    Section 751(a)(4) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(4)) 
is amended to read as follows:
            ``(4) Absorption of antidumping duties.--During any review 
        under this subsection initiated--
                    ``(A) 2 years or 4 years after the publication of 
                an antidumping duty order under section 736(a), or
                    ``(B) after publication of a determination under 
                this section to continue an order or suspension 
                agreement,
        the administering authority, if requested, shall determine 
        whether antidumping duties have been absorbed by a foreign 
        producer or exporter subject to the order if the subject 
        merchandise is sold in the United States through an importer 
        who is affiliated with that foreign producer or exporter. The 
        administering authority may make such a determination at its 
        discretion, if requested, during a review initiated in any 
        other year under this section. The administering authority 
        shall notify the Commission of its findings regarding such duty 
        absorption for the Commission to consider in conducting a 
        review under subsection (c).''.

SEC. 506. 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 to offset any nonexport subsidies)'' 
after ``duties''.

SEC. 507. NONMARKET ECONOMY METHODOLOGY.

    Section 773(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)(4)) 
is amended to read as follows:
            ``(4) Valuation of factors of production.--
                    ``(A) In general.--The administering authority, in 
                valuing factors of production under paragraph (1), 
                shall utilize, to the extent possible, the prices or 
                costs of factors of production in one or more market 
                economy countries that are--
                            ``(i) at a level of economic development 
                        comparable to that of the nonmarket economy 
                        country; and
                            ``(ii) significant producers of comparable 
                        merchandise.
                In this paragraph, the term `surrogate' refers to the 
                values, calculations, and market economy countries used 
                under this subparagraph.
                    ``(B) Valuing materials used in production.--In 
                determining the value of materials used in production 
                under subparagraph (A), the following applies:
                            ``(i) The administering authority may use 
                        the value of inputs that are purchased from 
                        market economy suppliers and are not suspected 
                        of being dumped or subsidized, only for the 
                        quantity of such purchases.
                            ``(ii) All materials purchased or otherwise 
                        obtained from nonmarket economy countries shall 
                        be valued using surrogate values under 
                        subparagraph (A).
                            ``(iii) A purchased material shall be 
                        viewed as suspected of being subsidized if 
                        there are any affirmative findings by the 
                        United States or another WTO member of export 
                        subsidy programs in the supplying country.
                            ``(iv) A purchased material shall be viewed 
                        as suspected of being dumped if there are any 
                        affirmative findings by the United States or 
                        other WTO member of dumping in the general 
                        category of merchandise, or if information 
                        supplied by the petitioner or otherwise of 
                        record suggests significant underpricing to the 
                        purchaser in the nonmarket economy country.
                            ``(v) Surrogate values for materials from a 
                        market economy country shall be disregarded as 
                        not reflective of prices in that surrogate 
                        market only if prices in that market are viewed 
                        as aberrational, such as a case in which prices 
                        undersell or exceed any reported price in that 
                        surrogate market by a large amount.
                            ``(vi) There shall be a presumption that 
                        the administering authority will include all 
                        market prices from a surrogate market. Prices 
                        that are high or low shall be excluded only 
                        when it is demonstrated that the prices are not 
                        reflective of prices in the surrogate country 
                        for the relevant category of merchandise.
                            ``(vii) If amounts pertaining to the cost 
                        of production of imports into a surrogate 
                        country from market economy suppliers are used 
                        for valuing the materials used, such amounts 
                        shall be valued on the basis of CIF (cost, 
                        insurance, and freight), plus duties paid, to 
                        provide a proxy for prices in the surrogate 
                        country competing with locally produced goods. 
                        Such values shall not be reduced by the import 
                        duties.
                    ``(C) Valuing labor.--
                            ``(i) The administering authority may use 
                        an average of wage rates for market economies, 
                        but shall ensure that labor rates used fully 
                        reflect all labor costs, including benefits, 
                        health care, and pension costs.
                            ``(ii) Labor shall be the total labor 
                        employed by a nonmarket economy country 
                        producer or used by a nonmarket economy country 
                        producer in the overall business, with 
                        allocations to other merchandise produced or 
                        sold by that producer that is not subject 
                        merchandise.
                            ``(iii) Labor shall reflect the average 
                        labor for all other producers in the nonmarket 
                        economy country that are producing the 
                        particular merchandise subject to investigation 
                        or review, and shall not be limited to 
                        operations used for export.
                    ``(D) Valuing factory overhead, general selling and 
                administrative expenses, and profit.--
                            ``(i) In general.--The administering 
                        authority shall use the best information 
                        available with respect to likely values of 
                        factory overhead, general selling and 
                        administrative expenses, and profit from a 
                        surrogate country. If the values determined 
                        under subparagraphs (B) and (C) for materials 
                        used and labor consumed result in amounts that 
                        are demonstrably larger or smaller than the 
                        amounts used in determining surrogate ratios 
                        from financial or other reports from a 
                        surrogate country, adjustments shall be made to 
                        the ratios to reflect fully the level of such 
                        costs and profits in the surrogate country on a 
                        per item produced basis.
                            ``(ii) Ratio defined.--For purposes of this 
                        subparagraph, the term `ratios' means--
                                    ``(I) the ratio of factory overhead 
                                to labor, materials, and energy;
                                    ``(II) the ratio of general selling 
                                and administrative costs to factory 
                                overhead, labor, materials, and energy; 
                                and
                                    ``(III) the ratio of profit to 
                                general selling and administrative 
                                costs, factory overhead, labor, 
                                materials, and energy.
                    ``(E) Use of confidential information from a 
                domestic producer in a surrogate country.--The 
                administering authority shall generally use publicly 
                available information to value factors of production, 
                except that, in a case in which any foreign producer in 
                the surrogate country used by the administering 
                authority is willing to provide information on factors 
                of production to produce the same class of merchandise 
                and such information is subject to verification, the 
                administering authority shall accept and use such 
                information. The relationship of the foreign producer 
                providing the information to a party to the proceeding 
                shall not be a basis for disqualification.''.

SEC. 508. ADJUSTMENT OF CONSTRUCTED VALUES FOR IMPUTED CREDIT COSTS.

    Section 773(a)(8) of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(8)) 
is amended by inserting the following before the period: ``, except 
that constructed value may not be adjusted by deducting imputed credit 
expenses''.

SEC. 509. DETERMINATIONS ON THE BASIS OF FACTS AVAILABLE.

    Section 776(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1677e(a)(2)(B) is amended to read as follows:
                    ``(B) fails to provide such information by the 
                deadline for submission of the information or in the 
                form and manner required, and in conformity with prior 
                administering authority determinations in the 
                proceeding and final judicial decisions in the 
                proceeding, subject to subsections (c)(1) and (e) of 
                section 782,''.

               Subtitle B--Determination of Subsidization

SEC. 521. COUNTERVAILABLE SUBSIDY.

    (a) Definition of Countervailable Subsidy.--Section 771(5)(E) of 
the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)), as amended by section 
401(b) of this Act, is further amended by adding at the end the 
following: ``If there is a reasonable indication that a financial 
contribution by the provision of goods or services has distorted prices 
for those goods or services in the country that is subject to the 
investigation or review, or if data regarding such prices are otherwise 
unavailable, then the administering authority shall measure adequacy of 
remuneration by reference to data regarding prices for the same or a 
similar good or service from outside the country that is subject to the 
investigation or review. The administering authority shall adjust such 
data to the extent practicable to reflect prevailing market conditions 
in that country. If there is a reasonable indication that prices within 
a political subdivision, dependent territory, or possession of a 
foreign country are distorted, or data are not available, then the 
administering authority shall measure adequacy of remuneration in that 
political subdivision, dependent territory, or possession by reference 
to data from the most comparable area or region in which prices are not 
distorted, regardless of whether it is in the same country.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to any determination under section 705 or 751 of the Tariff Act 
of 1930 (19 U.S.C. 1671d, 1675) that is made on or after January 1, 
2002, including published determinations for which judicial or 
binational panel review has been initiated or completed pursuant to 
section 516A of that Act (19 U.S.C. 1516a). To the extent that the 
amendment made by subsection (a) may be relevant to any such 
determination that has already been made, the administering authority 
shall amend the determination and associated countervailing duty order 
to bring them into compliance with the amendment made by subsection 
(a), and shall undertake new administrative proceedings, if necessary, 
to do so.

              Subtitle C--Determination of Material Injury

SEC. 531. PERIOD TO DETERMINE MATERIAL INJURY.

    Section 771(7)(A) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(A)) 
is amended by adding at the end thereof the following: ``In cases other 
than critical circumstances, the Commission shall, in making its 
preliminary and final determinations of material injury under this 
title, select an appropriate period for evaluating the applicable 
statutory criteria up to the date on which the petition is filed or on 
which the administering authority initiates the investigation, as the 
case may be.''.

SEC. 532. 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. 533. 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. 534. VULNERABILITY OF INDUSTRY; CUMULATION.

    (a) 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. 535. 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. 536. 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 
Schedule 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 under 
                        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. 537. ANTIDUMPING CASES AGAINST THE EUROPEAN UNION.

    Section 771(3) of the Tariff Act of 1930 (19 U.S.C. 1677(3)) is 
amended by adding ``other than those involving the European Union'' 
after ``except for the purpose of antidumping proceedings''.

SEC. 538. VERIFICATION BY THE COMMISSION.

    (a) In General.--Section 782 of the Tariff Act of 1930 (19 U.S.C. 
1677m) is amended by adding at the end the following:
    ``(j) Verification by the Commission.--The Commission shall verify 
information submitted by any foreign producer relied upon in making--
            ``(1) a final determination in an investigation, and
            ``(2) a final determination in a review under section 
        751(c).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to any investigation or review that is pending on, 
or is commenced on or after, the date of the enactment of this Act.

                     Subtitle D--General Provisions

SEC. 541. DETERMINATION OF CASH DEPOSIT RATES.

    Section 751(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 
1675(a)(2)(C)) is amended by adding at the end the following: ``The ad 
valorem rate calculated for the assessment of duties shall be used as 
the ad valorem rate for deposits of estimated duties.''.

SEC. 542. EXCHANGE OF INFORMATION BETWEEN AND AMONG AGENCIES.

    (a) Proprietary Information.--Section 777(b) of the Tariff Act of 
1930 (19 U.S.C. 1677f(b)) is amended by adding at the end the 
following:
            ``(4) Exchange of information between and among agencies.--
        Notwithstanding any other provision of law, proprietary 
        information submitted to the administering authority, the 
        Commission, or the Bureau of Customs and Border Protection may 
        be exchanged between and among those agencies upon their 
        request or upon the request of an interested party, under the 
        following circumstances:
                    ``(A) Proprietary information submitted to the 
                administering authority or to the Commission may be 
                exchanged between such agencies if--
                            ``(i) an interested party identifies 
                        proprietary information submitted for the 
                        record at one agency that is inconsistent with 
                        information of record at the other agency;
                            ``(ii) an interested party identifies 
                        proprietary information submitted at one agency 
                        that is directly relevant to an issue presented 
                        in proceedings before the other agency; or
                            ``(iii) the administering authority or the 
                        Commission believes that the incorporation of 
                        proprietary information submitted at the other 
                        agency would be helpful in reaching its 
                        determination in the proceeding.
                    ``(B) Proprietary information submitted to the 
                administering authority, the Commission, or the Bureau 
                of Customs and Border Protection may be exchanged 
                between and among such agencies at the request of the 
                agency or the request of an interested party if such 
                exchange would facilitate the administration and 
                enforcement of the law.
            ``(5) Use during proceedings.--Proprietary as well as 
        nonproprietary information of record submitted to or generated 
        by the administering authority or the Commission during any 
        segment of a proceeding (including information from the Bureau 
        of Customs and Border Protection) may be incorporated into the 
        record of any other segment of the same proceeding and released 
        by the administering authority under a protective order to 
        qualified applicants if--
                    ``(A) an interested party identifies proprietary 
                information submitted during one segment of the 
                proceeding that is inconsistent with information 
                submitted in another segment of the proceeding;
                    ``(B) an interested party identifies proprietary 
                information submitted during one segment of the 
                proceeding that is directly relevant to an issue 
                presented in another segment of the proceeding; or
                    ``(C) the administering authority or the Commission 
                believes that the incorporation of a selected portion 
                of the record from one segment of the proceeding would 
                be helpful in reaching its determination in another 
                segment of the proceeding.''.
    (b) Limited Disclosure Under Protective Order.--Section 
777(c)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1677f(c)(1)(A)) is 
amended by adding at the end the following: ``The proprietary 
information released pursuant to this subparagraph under a protective 
order shall include the records of the Bureau of Customs and Border 
Protection and the administering authority that are used by those 
agencies to liquidate entries and assess and collect antidumping and 
countervailing duties, including the underlying entry documents.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to any proceeding under title VII of the Tariff Act 
of 1930 that is pending on, or is commenced on or after, the date of 
the enactment of this Act.

SEC. 543. LIQUIDATION OF CERTAIN ENTRIES.

    Section 504(d) of the Tariff Act of 1930 (19 U.S.C. 1504(d)) is 
amended by adding at the end the following: ``In the case of any entry 
that is subject to a antidumping or countervailing duty order, the 
preceding sentence shall not apply, and such entry shall be liquidated 
at the rate finally determined by the administering authority or 
reviewing court.''.

SEC. 544. ASSISTANT ATTORNEY GENERAL FOR TRADE LAW ENFORCEMENT.

    (a) Appointment.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.) is amended by adding at the end the following 
new section:

``SEC. 784. ASSISTANT ATTORNEY GENERAL FOR TRADE LAW ENFORCEMENT.

    ``The President shall appoint, by and with the advice and consent 
of the Senate, an Assistant Attorney General for Trade Law Enforcement. 
The Assistant Attorney General for Trade Law Enforcement shall be 
responsible for investigating and prosecuting fraud in any proceeding 
under this title.''.
    (b) Conforming Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by inserting after the item relating 
to section 783 the following new item:

``Sec. 784. Assistant Attorney General for Trade law Enforcement.''.
    (c) Compensation.--Section 5315 of title 5, United States Code, is 
amended by inserting after ``Assistant Attorneys General (10)'' the 
following:
            ``Assistant Attorney General for Trade Law Enforcement.''.

                       Subtitle E--Effective Date

SEC. 551. EFFECTIVE DATE.

    Except as provided in sections 521(b), 538(b), and 542(c), 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 VI--SAFEGUARD AMENDMENTS

                   Subtitle A--Safeguards in General

SEC. 601. 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 subparagraphs (A) and 
        (B) of paragraph (1), 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 
        subparagraphs (A) and (B) of paragraph (1), 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 or 
                threat of serious 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 predesignated--
                            (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)(ii), by striking 
                ``compensation;'' 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 clause (ii) and 
                this clause;''; 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--''.

                   Subtitle B--Fair Trade With China

SEC. 611. CLARIFICATION OF STANDARD FOR PRESIDENTIAL ACTION ON ITC 
              FINDING OF MARKET DISRUPTION.

    (a) Amendments to Standard for Trade Representative's 
Recommendation to the President.--Section 421(h)(2) of the Trade Act of 
1974 (19 U.S.C. 2451(h)(2)) is amended--
            (1) by striking ``(2) Within'' and inserting ``(2)(A) 
        Within''; and
            (2) by adding at the end the following:
    ``(B) In making a recommendation to the President under 
subparagraph (A), the Trade Representative shall consider the facts 
found, or conclusions drawn, by the Commission as they are reported to 
the Trade Representative, and the Trade Representative may not conduct 
an additional review or reconsideration of the facts found or 
conclusions reached by the Commission.
    ``(C) If the Commission in its report makes an affirmative finding 
of market disruption, the Trade Representative shall apply a 
presumption in favor of relief to prevent or remedy the market 
disruption.
    ``(D) The following factors may not be used as the basis of a 
recommendation by the Trade Representative to recommend denying relief 
under this section:
            ``(i) The presence or absence (whether actual or potential) 
        of third-country imports of the product under investigation.
            ``(ii) Any results of the econometric model known as the 
        Commercial Policy Analysis System (COMPAS) or equivalent 
        model.''.
    (b) Amendments to Standard for Presidential Action.--Section 421(k) 
of the Trade Act of 1974 (19 U.S.C. 2451(k)) is amended by adding at 
the end the following:
    ``(3) The President's determination shall be based on the facts 
found, or conclusions drawn, by the Commission as they are reported to 
the Trade Representative under subsection (g).
    ``(4) If the Commission in its report makes an affirmative finding 
of market disruption, the President shall apply a presumption in favor 
of relief to prevent or remedy the market disruption.
    ``(5) Any determination by the President under paragraph (1) that 
providing import relief is not in the national economic interest of the 
United States may not be based on the following factors:
            ``(A) The presence or absence (whether actual or potential) 
        of third-country imports of the product under investigation.
            ``(B) Any results of the econometric model known as the 
        Commercial Policy Analysis System (COMPAS) or equivalent 
        model.''.

                    Subtitle C--Report on Doha Round

SEC. 621. REPORT.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the United States Trade Representative shall 
submit to the Congress a report explaining in detail how agreements 
resulting from negotiations on the Doha Development Agenda of the World 
Trade Organization will implement the provisions of the Agreement on 
Antidumping, the Agreement of Subsidies and Countervailing Measures, 
and the Agreement on Safeguards, as such agreements were approved by 
the Congress under section 101 of the Uruguay Round Agreements Act (19 
U.S.C. 3511), as those provisions relate to the following issues:
            (1) The standard of review in the application of the 
        Agreement on Antidumping, the Agreement on Subsidies and 
        Countervailing Measures (SCM), and the Agreement on Safeguards.
            (2) Analysis of injury causation nonattribution under the 
        WTO in the agreements referred to in paragraph (1).
            (3) The use of threat of injury analysis under the 
        agreements referred to in paragraph (1).
            (4) The use of advisory opinions under the agreements 
        referred to in paragraph (1).
            (5) Consideration of sunset review waivers under the 
        Agreement on Antidumping and the Agreement on SCM.
            (6) The application of a facts available standard under the 
        Agreement on Antidumping and the Agreement on SCM.
            (7) Analysis of subsidies in the context of a privatization 
        under the Agreement on SCM.
            (8) The treatment of export restraints under the Agreement 
        on SCM.
            (9) The use of benchmark prices under the Agreement on SCM.
            (10) The application of pass-through analysis under the 
        Agreement on SCM.
            (11) The treatment of equity infusions under the Agreement 
        on SCM.
            (12) The treatment of nonperforming loans under the 
        Agreement on SCM
            (13) The absence of a requirement to investigate unforeseen 
        developments in analyses under the Agreement on Safeguards.
            (14) The absence of a requirement to show sudden and sharp 
        increases in imports in analyses under the Agreement on 
        Safeguards.
            (15) The use of multiple averaging periods under the 
        Agreement on Antidumping.
            (16) The calculation of the all others rate under the 
        Agreement on Antidumping.
            (17) Analysis of zeroing under the Agreement on 
        Antidumping.
            (18) Analysis of selling, general and administrative 
        expenses, and profit under article 2.2.2(ii) of the Agreement 
        on Antidumping.
    (b) Definitions.--In this section:
            (1) Agreement on antidumping.--The term ``Agreement on 
        Antidumping'' means the Agreement on Implementation of Article 
        VI of the General Agreement on Tariffs and Trade 1994 referred 
        to in section 101(d)(7) of the Uruguay Round Agreements Act (19 
        U.S.C. 3511(d)(7).
            (2) Agreement on subsidies and countervailing measures; 
        agreement on scm.--The terms ``Agreement on Subsidies and 
        Countervailing Measures'' and ``Agreement on SCM'' means the 
        Agreement on Subsidies and Countervailing Measures referred to 
        in section 101(d)(12) of the Uruguay Round Agreements Act (19 
        U.S.C. 3511(d)(12)).
            (3) Agreement on safeguards.--The term ``Agreement on 
        Safeguards'' means the Agreement on Safeguards referred to in 
        section 101(d)(13) of the Uruguay Round Agreements Act (19 
        U.S.C. 3511(d)(13)).

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. 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. 702. 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>