110 HR 2714 IH: To require the President to delay or reverse the U.S. House of Representatives 2007-06-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2714 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.

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. .

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. .