I 112th CONGRESS 1st Session H. R. 3112 IN THE HOUSE OF REPRESENTATIVES October 5, 2011 Mr. Turner of Ohio introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that certain actions be taken with respect to complaints received by the Department of Commerce of nontariff barriers imposed by other countries, and for other purposes.

1.

Short title

This Act may be cited as the Trade Law Enforcement Act of 2011.

2.

Actions on complaints on nontariff barriers imposed by other countries

(a)

Actions by Secretary of Commerce

In any case in which the Secretary of Commerce receives a complaint from an interested person that a foreign country is engaging in an act, policy, or practice that acts as a nontariff barrier to United States commerce, and the Secretary is unable to resolve the complaint within the 180-day period beginning on the date on which the complaint is received, the Secretary, in consultation with the United States International Trade Commission, as appropriate, shall, within 45 days after the end of that 180-day period, issue an opinion as to whether, under section 301 of the Trade Act of 1974— (1)the rights of the United States under any trade agreement are being denied because of such act, policy, or practice; or (2)the act, policy, or practice— (A)violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or (B)is unjustifiable and burdens or restricts United States commerce. (b)

Referral to USTR

(1)

Referral

If the Secretary of Commerce, in an opinion issued under subsection (a), makes an affirmative determination with respect to the rights of the United States under subsection (a)(1), or with respect to an act, policy, or practice under subsection (a)(2), the Secretary shall refer the matter to the United States Trade Representative. (2)

Initiation of investigation

The United States Trade Representative shall, within 45 days after the date on which the opinion of the Secretary is issued, initiate an investigation under section 302(b) of the Trade Act of 1974 (19 U.S.C. 2412(b)) with respect to the matter that is the subject of the opinion of the Secretary. In conducting such investigation— (A)subsections (b)(2)(B) and (c) of section 302 of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)(B) and (c)) shall not apply; and (B)the Trade Representative shall publish in the Federal Register a summary of the issues involved in the investigation and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing— (i)within the 30-day period beginning on the date on which the opinion of the Secretary is issued, if a public hearing within such period is requested by an interested person; or (ii)at such other time if a timely request therefor is made by an interested person.