[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2714 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2714

 To require the President to delay or reverse the implementation of a 
decision of a World Trade Organization dispute settlement panel or the 
   Appellate Body that is adverse to the United States involving the 
 calculation of dumping margins and weighted average dumping margins, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2007

Mr. Barrett of South Carolina (for himself, Mr. Regula, Mr. Spratt, and 
  Mr. Neal of Massachusetts) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To require the President to delay or reverse the implementation of a 
decision of a World Trade Organization dispute settlement panel or the 
   Appellate Body that is adverse to the United States involving the 
 calculation of dumping margins and weighted average dumping margins, 
                        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. AMENDMENTS TO THE URUGUAY ROUND AGREEMENTS ACT.

    (a) Dispute Settlement Panels and Procedures.--Section 123 of the 
Uruguay Round Agreements Act (19 U.S.C. 3533) is amended by adding at 
the end the following new subsection:
    ``(i) Delay or Reversal of Implementation of Adverse Decisions.--
Notwithstanding any other provision of this section, the President 
shall delay or reverse the implementation of a decision of a dispute 
settlement panel or the Appellate Body that is adverse to the United 
States involving the calculation of dumping margins and weighted 
average dumping margins (commonly known as `zeroing' decisions) until 
the United States has obtained clarification of rights and obligations 
within WTO multilateral negotiations such that historic practices of 
the United States are permitted in investigations under section 731 of 
the Tariff Act of 1930 (19 U.S.C. 1673), reviews under section 751 of 
such Act (19 U.S.C. 1675), and under any other phase of an antidumping 
proceeding.''.
    (b) Administrative Action Following WTO Panel Reports.--Section 
129(b) of the Uruguay Round Agreements Act (19 U.S.C. 3538(b)) is 
amended by adding at the end the following new paragraph:
            ``(5) Delay or reversal of implementation of adverse 
        decisions.--Notwithstanding any other provision of this 
        section, the President shall delay or reverse the 
        implementation of a decision of a dispute settlement panel or 
        the Appellate Body that is adverse to the United States 
        involving the calculation of dumping margins and weighted 
        average dumping margins (commonly known as `zeroing' decisions) 
        until the United States has obtained clarification of rights 
        and obligations within WTO multilateral negotiations such that 
        historic practices of the United States are permitted in 
        investigations under section 731 of the Tariff Act of 1930 (19 
        U.S.C. 1673), reviews under section 751 of such Act (19 U.S.C. 
        1675), and under any other phase of an antidumping 
        proceeding.''.

SEC. 2. AMENDMENT TO THE TARIFF ACT OF 1930.

    Paragraph (7) of section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended by adding at the end the following new subparagraph:
                    ``(J) Additional requirements.--In evaluating 
                whether there is material injury, or threat thereof, by 
                reason of imports of the subject merchandise, the 
                Commission shall make its determination without regard 
                to--
                            ``(i) whether other imports are likely to 
                        replace subject imports; or
                            ``(ii) the effect of a potential order on 
                        the domestic industry.''.
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