[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 5110 Enrolled Bill (ENR)]
H.R.5110
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To approve and implement the trade agreements concluded in the Uruguay
Round of multilateral trade negotiations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Uruguay Round
Agreements Act''.
(b) Table of Contents.--

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ROUND AGREEMENTS
Subtitle A--Approval of Agreements and Related Provisions

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TITLE I

-APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY

regulations.
Subtitle B--Tariff Modifications

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Subtitle C--Uruguay Round Implementation and Dispute Settlement

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distilled spirits used in perfume manufacture.

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TITLE II

-ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS

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Subtitle B--Subsidies Provisions
Part 1--Countervailable Subsidies

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Part 2--Repeal of Section 303 and Conforming Amendments

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Part 3--Section 303 Injury Investigations

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303 countervailing duty orders and investigations.
Part 4--Enforcement of United States Rights Under the Subsidies
Agreement

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TITLE III

-ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Subtitle B--Foreign Trade Barriers and Unfair Trade Practices

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Subtitle C--Unfair Practices in Import Trade

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Subtitle A--Agriculture
Part I--Market Access

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TITLE IV

-AGRICULTURE-RELATED PROVISIONS

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Subtitle B--Sanitary and Phytosanitary Measures

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TITLE V

-INTELLECTUAL PROPERTY

in sound recordings and music videos of live musical
performances.

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trafficking in sound recordings and music videos or live
musical performances.

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TITLE VI

-RELATED PROVISIONS

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TITLE VII

-REVENUE PROVISIONS

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unemployment compensation.
Subtitle B--Provisions Relating to Estimated Taxes and Payments and
Deposits of Taxes

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using annualized method for estimated tax.

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overpayments.
Subtitle C--Earned Income Tax Credit

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tax credit.
Subtitle D--Provisions Relating To Retirement Benefits

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nonresidents.
Subtitle E--Other Provisions

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corporations participating in tax shelters.

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savings bonds.
Subtitle F--Pension Plan Funding and Premiums

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Part I--Pension Plan Funding
SUBPART A--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

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SUBPART B--AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974

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Part II--Amendments Related to Title IV of the Employee Retirement
Income Security Act of 1974

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For purposes of this Act:
(1) GATT 1947; gatt 1994.--
(A) GATT 1947.--The term ``GATT 1947'' means the General
Agreement on Tariffs and Trade, dated October 30, 1947, annexed
to the Final Act Adopted at the Conclusion of the Second
Session of the Preparatory Committee of the United Nations
Conference on Trade and Employment, as subsequently rectified,
amended, or modified by the terms of legal instruments which
have entered into force before the date of entry into force of
the WTO Agreement.
(B) GATT 1994.--The term ``GATT 1994'' means the General
Agreement on Tariffs and Trade annexed to the WTO Agreement.
(2) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule
of the United States.
(3) International trade commission.--The term ``International
Trade Commission'' means the United States International Trade
Commission.
(4) Multilateral trade agreement.--The term ``multilateral
trade agreement'' means an agreement described in section 101(d) of
this Act (other than an agreement described in paragraph (17) or
(18) of such section).
(5) Schedule xx.--The term ``Schedule XX'' means Schedule XX--
United States of America annexed to the Marrakesh Protocol to the
GATT 1994.
(6) Trade representative.--The term ``Trade Representative''
means the United States Trade Representative.
(7) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' means the agreements approved by the Congress under
section 101(a)(1).
(8) World trade organization and wto.--The terms ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(9) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered into on
April 15, 1994.
(10) WTO member and wto member country.--The terms ``WTO
member'' and ``WTO member country'' mean a state, or separate
customs territory (within the meaning of Article XII of the WTO
Agreement), with respect to which the United States applies the WTO
Agreement.
ROUND AGREEMENTS
Subtitle A--Approval of Agreements and Related Provisions

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TITLE VIII

-PIONEER PREFERENCES

AGREEMENTS.
(a) Approval of Agreements and Statement of Administrative
Action.--Pursuant to section 1103 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of the
Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--
(1) the trade agreements described in subsection (d) resulting
from the Uruguay Round of multilateral trade negotiations under the
auspices of the General Agreement on Tariffs and Trade, entered
into on April 15, 1994, and submitted to the Congress on September
27, 1994; and
(2) the statement of administrative action proposed to
implement the agreements that was submitted to the Congress on
September 27, 1994.
(b) Entry Into Force.--At such time as the President determines
that a sufficient number of foreign countries are accepting the
obligations of the Uruguay Round Agreements, in accordance with article
XIV of the WTO Agreement, to ensure the effective operation of, and
adequate benefits for the United States under, those Agreements, the
President may accept the Uruguay Round Agreements and implement article
VIII of the WTO Agreement.
(c) Authorization of Appropriations.--There are authorized to be
appropriated annually such sums as may be necessary for the payment by
the United States of its share of the expenses of the WTO.
(d) Trade Agreements to Which This Act Applies.--Subsection (a)
applies to the WTO Agreement and to the following agreements annexed to
that Agreement:
(1) The General Agreement on Tariffs and Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of Sanitary and
Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to Trade.
(6) The Agreement on Trade-Related Investment Measures.
(7) The Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994.
(8) The Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994.
(9) The Agreement on Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing Procedures.
(12) The Agreement on Subsidies and Countervailing Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in Services.
(15) The Agreement on Trade-Related Aspects of Intellectual
Property Rights.
(16) The Understanding on Rules and Procedures Governing the
Settlement of Disputes.
(17) The Agreement on Government Procurement.
(18) The International Bovine Meat Agreement.

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STATE LAW.
(a) Relationship of Agreements to United States Law.--
(1) United states law to prevail in conflict.--No provision of
any of the Uruguay Round Agreements, nor the application of any
such provision to any person or circumstance, that is inconsistent
with any law of the United States shall have effect.
(2) Construction.--Nothing in this Act shall be construed--
(A) to amend or modify any law of the United States,
including any law relating to--
(i) the protection of human, animal, or plant life or
health,
(ii) the protection of the environment, or
(iii) worker safety, or
(B) to limit any authority conferred under any law of the
United States, including section 301 of the Trade Act of 1974,
unless specifically provided for in this Act.
(b) Relationship of Agreements to State Law.--
(1) Federal-state consultation.--
(A) In general.--Upon the enactment of this Act, the
President shall, through the intergovernmental policy advisory
committees on trade established under section 306(c)(2)(A) of
the Trade and Tariff Act of 1984 (19 U.S.C. 2114c(2)(A)),
consult with the States for the purpose of achieving conformity
of State laws and practices with the Uruguay Round Agreements.
(B) Federal-state consultation process.--The Trade
Representative shall establish within the Office of the United
States Trade Representative a Federal-State consultation
process for addressing issues relating to the Uruguay Round
Agreements that directly relate to, or will potentially have a
direct effect on, the States. The Federal-State consultation
process shall include procedures under which--
(i) the States will be informed on a continuing basis
of matters under the Uruguay Round Agreements that directly
relate to, or will potentially have a direct impact on, the
States;
(ii) the States will be provided an opportunity to
submit, on a continuing basis, to the Trade Representative
information and advice with respect to matters referred to
in clause (i); and
(iii) the Trade Representative will take into account
the information and advice received from the States under
clause (ii) when formulating United States positions
regarding matters referred to in clause (i).
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Federal-State consultation process established by
this paragraph.
(C) Federal-state cooperation in wto dispute settlement.--
(i) When a WTO member requests consultations with the
United States under Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes
referred to in section 101(d)(16) (hereafter in this
subsection referred to as the ``Dispute Settlement
Understanding'') concerning whether the law of a State is
inconsistent with the obligations undertaken by the United
States in any of the Uruguay Round Agreements, the Trade
Representative shall notify the Governor of the State or
the Governor's designee, and the chief legal officer of the
jurisdiction whose law is the subject of the consultations,
as soon as possible after the request is received, but in
no event later than 7 days thereafter.
(ii) Not later than 30 days after receiving such a
request for consultations, the Trade Representative shall
consult with representatives of the State concerned
regarding the matter. If the consultations involve the laws
of a large number of States, the Trade Representative may
consult with an appropriate group of representatives of the
States concerned, as determined by those States.
(iii) The Trade Representative shall make every effort
to ensure that the State concerned is involved in the
development of the position of the United States at each
stage of the consultations and each subsequent stage of
dispute settlement proceedings regarding the matter. In
particular, the Trade Representative shall--
(I) notify the State concerned not later than 7
days after a WTO member requests the establishment of a
dispute settlement panel or gives notice of the WTO
member's decision to appeal a report by a dispute
settlement panel regarding the matter; and
(II) provide the State concerned with the
opportunity to advise and assist the Trade
Representative in the preparation of factual
information and argumentation for any written or oral
presentations by the United States in consultations or
in proceedings of a panel or the Appellate Body
regarding the matter.
(iv) If a dispute settlement panel or the Appellate
Body finds that the law of a State is inconsistent with any
of the Uruguay Round Agreements, the Trade Representative
shall consult with the State concerned in an effort to
develop a mutually agreeable response to the report of the
panel or the Appellate Body and shall make every effort to
ensure that the State concerned is involved in the
development of the United States position regarding the
response.
(D) Notice to states regarding consultations on foreign
subcentral government laws.--
(i) Subject to clause (ii), the Trade Representative
shall, at least 30 days before making a request for
consultations under Article 4 of the Dispute Settlement
Understanding regarding a subcentral government measure of
another WTO member, notify, and solicit the views of,
appropriate representatives of each State regarding the
matter.
(ii) In exigent circumstances clause (i) shall not
apply, in which case the Trade Representative shall notify
the appropriate representatives of each State not later
than 3 days after making the request for consultations
referred to in clause (i).
(2) Legal challenge.--
(A) In general.--No State law, or the application of such a
State law, may be declared invalid as to any person or
circumstance on the ground that the provision or application is
inconsistent with any of the Uruguay Round Agreements, except
in an action brought by the United States for the purpose of
declaring such law or application invalid.
(B) Procedures governing action.--In any action described
in subparagraph (A) that is brought by the United States
against a State or any subdivision thereof--
(i) a report of a dispute settlement panel or the
Appellate Body convened under the Dispute Settlement
Understanding regarding the State law, or the law of any
political subdivision thereof, shall not be considered as
binding or otherwise accorded deference;
(ii) the United States shall have the burden of proving
that the law that is the subject of the action, or the
application of that law, is inconsistent with the agreement
in question;
(iii) any State whose interests may be impaired or
impeded in the action shall have the unconditional right to
intervene in the action as a party, and the United States
shall be entitled to amend its complaint to include a claim
or cross-claim concerning the law of a State that so
intervenes; and
(iv) any State law that is declared invalid shall not
be deemed to have been invalid in its application during
any period before the court's judgment becomes final and
all timely appeals, including discretionary review, of such
judgment are exhausted.
(C) Reports to congressional committees.--At least 30 days
before the United States brings an action described in
subparagraph (A), the Trade Representative shall provide a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate--
(i) describing the proposed action;
(ii) describing efforts by the Trade Representative to
resolve the matter with the State concerned by other means;
and
(iii) if the State law was the subject of consultations
under the Dispute Settlement Understanding, certifying that
the Trade Representative has substantially complied with
the requirements of paragraph (1)(C) in connection with the
matter.
Following the submission of the report, and before the action is
brought, the Trade Representative shall consult with the committees
referred to in the preceding sentence concerning the matter.
(3) Definition of state law.--For purposes of this subsection--
(A) the term ``State law'' includes--
(i) any law of a political subdivision of a State; and
(ii) any State law regulating or taxing the business of
insurance; and
(B) the terms ``dispute settlement panel'' and ``Appellate
Body'' have the meanings given those terms in section 121.
(c) Effect of Agreement With Respect to Private Remedies.--
(1) Limitations.--No person other than the United States--
(A) shall have any cause of action or defense under any of
the Uruguay Round Agreements or by virtue of congressional
approval of such an agreement, or
(B) may challenge, in any action brought under any
provision of law, any action or inaction by any department,
agency, or other instrumentality of the United States, any
State, or any political subdivision of a State on the ground
that such action or inaction is inconsistent with such
agreement.
(2) Intent of congress.--It is the intention of the Congress
through paragraph (1) to occupy the field with respect to any cause
of action or defense under or in connection with any of the Uruguay
Round Agreements, including by precluding any person other than the
United States from bringing any action against any State or
political subdivision thereof or raising any defense to the
application of State law under or in connection with any of the
Uruguay Round Agreements--
(A) on the basis of a judgment obtained by the United
States in an action brought under any such agreement; or
(B) on any other basis.
(d) Statement of Administrative Action.--The statement of
administrative action approved by the Congress under section 101(a)
shall be regarded as an authoritative expression by the United States
concerning the interpretation and application of the Uruguay Round
Agreements and this Act in any judicial proceeding in which a question
arises concerning such interpretation or application.

9eeb58fec17a66f685544a09dfd97127020bd3363e4de4e91eed6e8297576fd1

REGULATIONS.
(a) Implementing Actions.--After the date of the enactment of this
Act--
(1) the President may proclaim such actions, and
(2) other appropriate officers of the United States Government
may issue such regulations,
as may be necessary to ensure that any provision of this Act, or
amendment made by this Act, that takes effect on the date any of the
Uruguay Round Agreements enters into force with respect to the United
States is appropriately implemented on such date. Such proclamation or
regulation may not have an effective date earlier than the date of
entry into force with respect to the United States of the agreement to
which the proclamation or regulation relates.
(b) Regulations.--Any interim regulation necessary or appropriate
to carry out any action proposed in the statement of administrative
action approved under section 101(a) to implement an agreement
described in section 101(d) (7), (12), or (13) shall be issued not
later than 1 year after the date on which the agreement enters into
force with respect to the United States.
Subtitle B--Tariff Modifications

c8056f29e492fe1486df8fced9b7299244bdd29e2deefa09551f75c575c46e88

(a) In General.--In addition to the authority provided by section
1102 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C.
2902), the President shall have the authority to proclaim--
(1) such other modification of any duty,
(2) such other staged rate reduction, or
(3) such additional duties,
as the President determines to be necessary or appropriate to carry out
Schedule XX.
(b) Other Tariff Modifications.--Subject to the consultation and
layover requirements of section 115, the President may proclaim--
(1) the modification of any duty or staged rate reduction of
any duty set forth in Schedule XX if--
(A) the United States agrees to such modification or staged
rate reduction in a multilateral negotiation under the auspices
of the WTO, and
(B) such modification or staged rate reduction applies to
the rate of duty on an article contained in a tariff category
that was the subject of reciprocal duty elimination or
harmonization negotiations during the Uruguay Round of
multilateral trade negotiations, and
(2) such modifications as are necessary to correct technical
errors in Schedule XX or to make other rectifications to the
Schedule.
(c) Authority To Increase Duties on Articles From Certain
Countries.--
(1) In general.--
(A) Determination with respect to certain countries.--
Notwithstanding section 251 of the Trade Expansion Act of 1962
(19 U.S.C. 1881), after the entry into force of the WTO
Agreement with respect to the United States, if the President--
(i) determines that a foreign country (other than a
foreign country that is a WTO member country) is not
according adequate trade benefits to the United States,
including substantially equal competitive opportunities for
the commerce of the United States, and
(ii) consults with the Committee on Ways and Means of
the House of Representatives and the Committee on Finance
of the Senate,
the President may proclaim an increase in the rate of duty with
respect to any article of such country in accordance with
subparagraph (B).
(B) Rate of duty described.--The President may proclaim a
rate of duty on any article of a country identified under
subparagraph (A) that is equal to the greater of--
(i) the rate of duty set forth for such article in the
base rate of duty column of Schedule XX, or
(ii) the rate of duty set forth for such article in the
bound rate of duty column of Schedule XX.
(2) Termination of increased duties.--The President shall
terminate any increase in the rate of duty proclaimed under this
subsection by a proclamation which shall be effective on the
earlier of--
(A) the date set out in such proclamation of termination,
or
(B) the date the WTO Agreement enters into force with
respect to the foreign country with respect to which the
determination under paragraph (1) was made.
(3) Publication of determination and termination.--The
President shall publish in the Federal Register notice of a
determination made under paragraph (1) and a termination occurring
by reason of paragraph (2).
(d) Adjustments to Certain Column 2 Rates of Duty.--At such time as
the President proclaims any modification to the HTS to implement the
provisions of Schedule XX, the President shall also proclaim the rate
of duty set forth in Column B as the column 2 rate of duty for the
subheading of the HTS that corresponds to the subheading in Schedule XX
listed in Column A.
---------------------------------------------------------------------------
Column A                     Column B
Schedule XX subheading:      Rate of duty for column 2 of the HTS:
0201.10.50.................  31.1%
0201.20.80.................  31.1%
0201.30.80.................  31.1%
0202.10.50.................  31.1%
0202.20.80.................  31.1%
0202.30.80.................  31.1%
0401.30.25.................  90.8 cents/liter
0401.30.75.................  $1.936/kg
0402.10.50.................  $1.018/kg
0402.21.25.................  $1.018/kg
0402.21.50.................  $1.285/kg
0402.21.90.................  $1.831/kg
0402.29.50.................  $1.299/kg + 17.5%
0402.91.60.................  36.8 cents/kg
0402.99.50.................  58.4 cents/kg
0402.99.90.................  54.5 cents/kg + 17.5%
0403.10.50.................  $1.217/kg + 20%
0403.90.16.................  90.8 cents/liter
0403.90.45.................  $1.03/kg
0403.90.55.................  $1.285/kg
0403.90.65.................  $1.831/kg
0403.90.78.................  $1.936/kg
0403.90.95.................  $1.217/kg + 20%
0404.10.11.................  20%
0404.10.15.................  $1.217/kg + 10%
0404.10.90.................  $1.03/kg
0404.90.30.................  25%
0404.90.50.................  $1.399/kg + 10%
0405.00.40.................  $1.813/kg
0405.00.90.................  $2.194/kg + 10%
0406.10.08.................  $1.775/kg
0406.10.18.................  $2.67/kg
0406.10.28.................  $1.443/kg
0406.10.38.................  $1.241/kg
0406.10.48.................  $2.121/kg
0406.10.58.................  $2.525/kg
0406.10.68.................  $1.631/kg
0406.10.78.................  $1.328/kg
0406.10.88.................  $1.775/kg
0406.20.28.................  $2.67/kg
0406.20.33.................  $1.443/kg
0406.20.39.................  $1.241/kg
0406.20.48.................  $2.121/kg
0406.20.53.................  $2.525/kg
0406.20.63.................  $2.67/kg
0406.20.67.................  $1.443/kg
0406.20.71.................  $1.241/kg
0406.20.75.................  $2.121/kg
0406.20.79.................  $2.525/kg
0406.20.83.................  $1.631/kg
0406.20.87.................  $1.328/kg
0406.20.91.................  $1.775/kg
0406.30.18.................  $2.67/kg
0406.30.28.................  $1.443/kg
0406.30.38.................  $1.241/kg
0406.30.48.................  $2.121/kg
0406.30.53.................  $1.631/kg
0406.30.63.................  $2.67/kg
0406.30.67.................  $1.443/kg
0406.30.71.................  $1.241/kg
0406.30.75.................  $2.121/kg
0406.30.79.................  $2.525/kg
0406.30.83.................  $1.631/kg
0406.30.87.................  $1.328/kg
0406.30.91.................  $1.775/kg
0406.40.70.................  $2.67/kg
0406.90.12.................  $1.443/kg
0406.90.18.................  $2.121/kg
0406.90.33.................  $2.525/kg
0406.90.38.................  $2.525/kg
0406.90.43.................  $2.525/kg
0406.90.48.................  $2.208/kg
0406.90.64.................  $1.241/kg
0406.90.68.................  $2.525/kg
0406.90.74.................  $2.67/kg
0406.90.78.................  $1.443/kg
0406.90.84.................  $1.241/kg
0406.90.88.................  $2.121/kg
0406.90.92.................  $1.631/kg
0406.90.94.................  $1.328/kg
0406.90.97.................  $1.775/kg
1202.10.80.................  192.7%
1202.20.80.................  155%
1517.90.60.................  40.2 cents/kg
1701.11.50.................  39.85 cents/kg
1701.12.10.................  6.58170 cents/kg less 0.0622005 cents/kg
for each degree under 100 degrees (and
fractions of a degree in proportion) but
not less than 5.031562 cents/kg
1701.12.50.................  42.05 cents/kg
1701.91.10.................  6.58170 cents/kg less 0.0622005 cents/kg
for each degree under 100 degrees (and
fractions of a degree in proportion) but
not less than 5.031562 cents/kg
1701.91.30.................  42.05 cents/kg
1701.91.48.................  39.9 cents/kg + 6%
1701.91.58.................  39.9 cents/kg + 6%
1701.99.10.................  6.58170 cents/kg less 0.0622005 cents/kg
for each degree under 100 degrees (and
fractions of a degree in proportion) but
not less than 5.031562 cents/kg
1701.99.50.................  42.05 cents/kg
1702.20.28.................  19.9 cents/kg of total sugars + 6%
1702.30.28.................  19.9 cents/kg of total sugars + 6%
1702.40.28.................  39.9 cents/kg of total sugars + 6%
1702.60.28.................  39.9 cents/kg of total sugars + 6%
1702.90.10.................  6.58170 cents/kg of total sugars
1702.90.20.................  42.05 cents/kg
1702.90.58.................  39.9 cents/kg of total sugars + 6%
1702.90.68.................  39.9 cents/kg + 6%
1704.90.58.................  47.4 cents/kg + 12.2%
1704.90.68.................  47.4 cents/kg + 12.2%
1704.90.78.................  47.4 cents/kg + 12.2%
1806.10.15.................  25.5 cents/kg
1806.10.28.................  39.5 cents/kg
1806.10.38.................  39.5 cents/kg
1806.10.55.................  39.5 cents/kg
1806.10.75.................  39.5 cents/kg
1806.20.26.................  43.8 cents/kg + 5%
1806.20.28.................  62.1 cents/kg + 5%
1806.20.36.................  43.8 cents/kg + 5%
1806.20.38.................  62.1 cents/kg + 5%
1806.20.73.................  35.9 cents/kg + 10%
1806.20.77.................  35.9 cents/kg + 10%
1806.20.82.................  43.8 cents/kg + 10%
1806.20.83.................  62.1 cents/kg + 10%
1806.20.87.................  43.8 cents/kg + 10%
1806.20.89.................  62.1 cents/kg + 10%
1806.20.92.................  43.8 cents/kg + 10%
1806.20.93.................  62.1 cents/kg + 10%
1806.20.96.................  43.8 cents/kg + 10%
1806.20.97.................  62.1 cents/kg + 10%
1806.32.06.................  43.8 cents/kg + 5%
1806.32.08.................  62.1 cents/kg + 5%
1806.32.16.................  43.8 cents/kg + 5%
1806.32.18.................  62.1 cents/kg + 5%
1806.32.70.................  43.8 cents/kg + 7%
1806.32.80.................  62.1 cents/kg + 7%
1806.90.08.................  43.8 cents/kg + 7%
1806.90.10.................  62.1 cents/kg + 7%
1806.90.18.................  43.8 cents/kg + 7%
1806.90.20.................  62.1 cents/kg + 7%
1806.90.28.................  43.8 cents/kg + 7%
1806.90.30.................  62.1 cents/kg + 7%
1806.90.38.................  43.8 cents/kg + 7%
1806.90.40.................  62.1 cents/kg + 7%
1806.90.48.................  43.8 cents/kg + 7%
1806.90.50.................  62.1 cents/kg + 7%
1806.90.58.................  43.8 cents/kg + 7%
1806.90.60.................  62.1 cents/kg + 7%
1901.10.30.................  $1.217/kg + 17.5%
1901.10.40.................  $1.217/kg + 17.5%
1901.10.75.................  $1.217/kg + 17.5%
1901.10.85.................  $1.217/kg + 17.5%
1901.20.15.................  49.8 cents/kg + 10%
1901.20.25.................  49.8 cents/kg + 10%
1901.20.35.................  49.8 cents/kg + 10%
1901.20.50.................  49.8 cents/kg + 10%
1901.20.60.................  49.8 cents/kg + 10%
1901.20.70.................  49.8 cents/kg + 10%
1901.90.36.................  $1.328/kg
1901.90.42.................  25%
1901.90.44.................  $1.217/kg + 16%
1901.90.46.................  25%
1901.90.48.................  $1.217/kg + 16%
1901.90.54.................  27.9 cents/kg + 10%
1901.90.58.................  27.9 cents/kg + 10%
2008.11.15.................  155%
2008.11.35.................  155%
2008.11.60.................  155%
2101.10.38.................  35.9 cents/kg + 10%
2101.10.48.................  35.9 cents/kg + 10%
2101.10.58.................  35.9 cents/kg + 10%
2101.20.38.................  35.9 cents/kg + 10%
2101.20.48.................  35.9 cents/kg + 10%
2101.20.58.................  35.9 cents/kg + 10%
2103.90.78.................  35.9 cents/kg + 7.5%
2105.00.20.................  59 cents/kg + 20%
2105.00.40.................  59 cents/kg + 20%
2106.90.02.................  $1.014/kg
2106.90.04.................  $2.348/kg
2106.90.08.................  $2.348/kg
2106.90.11.................  6.58170 cents/kg of total sugars
2106.90.12.................  42.05 cents/kg
2106.90.34.................  82.8 cents/kg + 10%
2106.90.38.................  82.8 cents/kg + 10%
2106.90.44.................  82.8 cents/kg + 10%
2106.90.48.................  82.8 cents/kg + 10%
2106.90.57.................  33.9 cents/kg + 10%
2106.90.67.................  33.9 cents/kg + 10%
2106.90.77.................  33.9 cents/kg + 10%
2106.90.87.................  33.9 cents/kg + 10%
2202.90.28.................  27.6 cents/liter + 17.5%
2309.90.28.................  94.6 cents/kg + 7.5%
2309.90.48.................  94.6 cents/kg + 7.5%
2401.10.70.................  85 cents/kg
2401.10.90.................  85 cents/kg
2401.20.30.................  $1.21/kg
2401.20.45.................  $1.15/kg
2401.20.55.................  $1.15/kg
2801.30.20.................  37%
2805.30.00.................  31.3%
2805.40.00.................  5.7%
2811.19.10.................  4.9%
2818.10.20.................  4.1%
2822.00.00.................  1.7%
2827.39.20.................  31.9%
2833.11.50.................  3.6%
2833.27.00.................  4.2%
2836.40.20.................  4.8%
2836.60.00.................  8.4%
2837.20.10.................  5.1%
2840.11.00.................  1.2%
2840.19.00.................  0.4%
2849.20.20.................  1.6%
2903.15.00.................  88%
2903.16.00.................  33.3%
2903.30.05.................  46.3%
2906.11.00.................  6.2%
2907.12.00.................  48.3%
2909.11.00.................  4%
2912.11.00.................  12.1%
2916.15.10.................  35.2%
2916.19.30.................  24.4%
2923.20.20.................  33.4%
3213.90.00.................  48.6%
3307.10.20.................  81.7%
3307.49.00.................  73.2%
3403.11.20.................  0.4%
3403.19.10.................  0.4%
3506.10.10.................  30.4%
3603.00.30.................  8.3%
3603.00.90.................  0.3%
3604.10.00.................  12.5%
3606.90.30.................  56.7%
3706.10.30.................  7%
3807.00.00.................  0.2%
3823.90.33.................  26.3%
3904.61.00.................  34.1%
3916.90.10.................  40.6%
3920.51.50.................  48.2%
3920.59.80.................  51.7%
3926.90.65.................  8.4%
5201.00.18.................  36.9 cents/kg
5201.00.28.................  36.9 cents/kg
5201.00.38.................  36.9 cents/kg
5201.00.80.................  36.9 cents/kg
5202.99.30.................  9.2 cents/kg
5203.00.30.................  36.9 cents/kg
(e) Authority To Consolidate Subheadings and Modify Column 2 Rates
of Duty for Tariff Simplification Purposes.--
(1) In general.--Whenever the HTS column 1 general rates of
duty for 2 or more 8-digit subheadings are at the same level and
such subheadings are subordinate to a provision required by the
International Convention on the Harmonized Commodity Description
and Coding System, the President may proclaim, subject to the
consultation and layover requirements of section 115, that the
goods described in such subheadings be provided for in a single 8-
digit subheading of the HTS, and that--
(A) the HTS column 1 general rate of duty for such single
subheading be the column 1 general rate of duty common to all
such subheadings, and
(B) the HTS column 2 rate of duty for such single
subheading be the highest column 2 rate of duty for such
subheadings that is in effect on the day before the effective
date of such proclamation.
(2) Same level of duty.--The provisions of this subsection
apply to subheadings described in paragraph (1) that have the same
column 1 general rate of duty--
(A) on the date of the enactment of this Act, or
(B) after such date of enactment as a result of a staged
reduction in such column 1 rates of duty.

a8388f3793aff758e1ca9d4ae9dd1ba9ad4701d2482e71e28aced6e584870876

(a) In General.--Section 484E(b) of the Customs and Trade Act of
1990 (19 U.S.C. 1466 note; 104 Stat. 710) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``, and''; and
(3) by adding at the end the following new paragraph:
``(3) any entry made pursuant to section 466(h) (1) or (2) of
the Tariff Act of 1930 (19 U.S.C. 1466(h) (1) or (2)), on or after
the date of the entry into force of the WTO Agreement with respect
to the United States.''.
(b) Exemption for Certain Spare Parts.--Section 466(h) of the
Tariff Act of 1930 (19 U.S.C. 1466(h)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(3) the cost of spare parts necessarily installed before the
first entry into the United States, but only if duty is paid under
appropriate commodity classifications of the Harmonized Tariff
Schedule of the United States upon first entry into the United
States of each such spare part purchased in, or imported from, a
foreign country.''.

fd67e2920e3f265d13dbfcae1297302c592141a3ecead11a9898853d7f13a07f

CERTAIN ENTRIES.
(a) Liquidation or Reliquidation.--Notwithstanding section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law,
and subject to subsection (b), the Secretary of the Treasury shall
liquidate or reliquidate the entries listed or otherwise described in
subsection (c) and refund any duty or excess duty that was paid, as
provided in subsection (c).
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry only if a request therefor is
filed with the Customs Service, within 180 days after the date on which
the WTO Agreement enters into force with respect to the United States,
that contains sufficient information to enable the Customs Service--
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be located.
(c) Entries.--The entries referred to in subsection (a) are as
follows:
(1) Agglomerated stone tiles.--Any goods--
(A) for which the importer claimed or would have claimed
entry under subheading 6810.19.12 of the HTS on or after
October 1, 1990, and before the effective date of a
proclamation issued by the President under section 103(a) of
this Act with respect to items under such subheading in order
to carry out Schedule XX, or
(B) entered on or after January 1, 1989, and before October
1, 1990, for which entry would have been claimed under
subheading 6810.19.12 of the HTS on or after October 1, 1990,
shall be liquidated or reliquidated as if the wording of that
subheading were ``Of stone agglomerated with binders other than
cement'', and the Secretary of the Treasury shall refund any excess
duties paid with respect to such entries.
(2) Clomiphene citrate.--
(A) Any entry, or withdrawal from warehouse for
consumption, of goods described in heading 9902.29.95 of the
HTS (relating to clomiphene citrate) which was made after
December 31, 1988, and before January 1, 1993, and with respect
to which there would have been no duty if the reference to
subheading ``2922.19.15'' in such heading were a reference to
subheading ``2922.19.15 or any subheading of chapter 30'' at
the time of such entry or withdrawal, shall be liquidated or
reliquidated as free of duty.
(B) The Secretary of the Treasury shall refund any duties
paid with respect to entries described in subparagraph (A).

b89deefa25c9e01aa9d3c13dc3b70bca618f6e103696a38ce7639e16ddd359a1

(a) Wool.--
(1) Amendments.--Chapter 51 of the HTS is amended--
(A) by striking subheading 5101.21.60 and inserting the
following new superior text and subheadings, with the superior
text having the same degree of indentation as the article
description in subheading 5101.11.60:
``                            Other:
5101.21.65        Unimproved wool;                                       81.6 cents/kg
other wool, not                                        +20%
finer than 46s......  Free
5101.21.70        Other................  7.7 cents/kg+  Free (MX) 0.8    81.6 cents/kg
6.25%          cents/kg+0.6%    +20%
(IL) 3 cents/
kg+2.5% (CA)
'';
(B) by striking subheading 5101.29.60 and inserting the
following new superior text and subheadings, with the superior
text having the same degree of indentation as the article
description in subheading 5102.10.20:
``                            Other:
5101.29.65        Unimproved wool;                                       81.6 cents/kg
other wool, not                                        +20%
finer than 46s......  Free
5101.29.70        Other................  7.7 cents/kg+  0.8 cents/kg+0.  81.6 cents/kg
6.25%          6% (IL) 3        +20%
cents/kg+2.5%
(CA) 6.1 cents/
kg+5% (MX)                         '';
and
(C) by striking subheading 5101.30.60 and inserting the
following new superior text and subheadings, with the superior
text having the same degree of indentation as the superior text
immediately preceding subheading 5102.10.20:
---------------------------------------------------------------------------
``                            Other:
5101.30.65        Unimproved wool;                                       81.6 cents/kg
other wool, not                                        +20%
finer than 46s......  Free
5101.30.70        Other................  7.7 cents/kg+  Free (MX) 0.8    81.6 cents/kg
6.25%          cents/kg+0.6%    +20%
(IL) 3 cents/
kg+2.5% (CA)                       ''.
(2) Effective date.--The amendments made by this subsection
take effect on the effective date of the proclamation issued by the
President under section 103(a) to carry out Schedule XX.
(b) Duty Free Treatment for Octadecyl Isocyanate and 5-Chloro-2-
(2,4-Dichloro-phenoxy)phenol.--The President--
(1) shall proclaim duty-free entry for octadecyl isocyanate and
5-Chloro-2-(2,4-dichloro-phenoxy)phenol, to be effective on the
effective date of the proclamation issued by the President under
section 103(a) to carry out Schedule XX, and
(2) shall take such actions as are necessary to reflect such
tariff treatment in Schedule XX.

616673294b17cda6eda60d5ef4f984c327c0f251bcc4661adb5a497866729e40

DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation of an
action by the President by proclamation is subject to the consultation
and layover requirements of this section, such action may be proclaimed
only if--
(1) the President has obtained advice regarding the proposed
action from--
(A) the appropriate advisory committees established under
section 135 of the Trade Act of 1974 (19 U.S.C. 2155), and
(B) the International Trade Commission;
(2) the President has submitted a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate that sets forth--
(A) the action proposed to be proclaimed and the reasons
for such actions, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the first day
on which the President has met the requirements of paragraphs (1)
and (2) with respect to such action, has expired; and
(4) the President has consulted with such committees regarding
the proposed action during the period referred to in paragraph (3).

4ac3d9b3efcc3203a1647f4f073e95ab4d1340e2d17c7ce30d8d485df21c8f94

(a) In General.--Except as provided in section 114(a) and
subsection (b) of this section, this subtitle and the amendments made
by this subtitle take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
(b) Section 115.--Section 115 takes effect on the date of the
enactment of this Act.
Subtitle C--Uruguay Round Implementation and Dispute Settlement

7212f33f1b5bc451d3e8150d4f0fa58c4c07e1d9c6515830cdbeb927020fadd2

For purposes of this subtitle:
(1) Administering authority.--The term ``administering
authority'' has the meaning given that term in section 771(1) of
the Tariff Act of 1930.
(2) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(3) Appropriate congressional committees; congressional
committees.--
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the committees
referred to in subparagraph (B) and any other committees of the
Congress that have jurisdiction involving the matter with
respect to which consultations are to be held.
(B) Congressional committees.--The term ``congressional
committees'' means the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate.
(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 body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body administering the rules
and procedures set forth in the Dispute Settlement Understanding.
(6) 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).
(7) General council.--The term ``General Council'' means the
General Council established under paragraph 2 of Article IV of the
WTO Agreement.
(8) Ministerial conference.--The term ``Ministerial
Conference'' means the Ministerial Conference established under
paragraph 1 of Article IV of the WTO Agreement.
(9) Other terms.--The terms ``Antidumping Agreement'',
``Agreement on Subsidies and Countervailing Measures'', and
``Safeguards Agreement'' mean the agreements referred to in section
101(d) (7), (12), and (13), respectively.

ba9bc6c050703d2da2322c5acb960f907d219d612a04aa7b4a9fbf75d2b40639

(a) Decisionmaking.--In the implementation of the Uruguay Round
Agreements and the functioning of the World Trade Organization, it is
the objective of the United States to ensure that the Ministerial
Conference and the General Council continue the practice of
decisionmaking by consensus followed under the GATT 1947, as required
by paragraph 1 of article IX of the WTO Agreement.
(b) Consultations With Congressional Committees.--In furtherance of
the objective set forth in subsection (a), the Trade Representative
shall consult with the appropriate congressional committees before any
vote is taken by the Ministerial Conference or the General Council
relating to--
(1) the adoption of an interpretation of the WTO Agreement or
another multilateral trade agreement,
(2) the amendment of any such agreement,
(3) the granting of a waiver of any obligation under any such
agreement,
(4) the adoption of any amendment to the rules or procedures of
the Ministerial Conference or the General Council,
(5) the accession of a state or separate customs territory to
the WTO Agreement, or
(6) the adoption of any other decision,
if the action described in paragraph (1), (2), (3), (4), (5), or (6)
would substantially affect the rights or obligations of the United
States under the WTO Agreement or another multilateral trade agreement
or potentially entails a change in Federal or State law.
(c) Report on Decisions.--
(1) In general.--Not later than 30 days after the end of any
calendar year in which the Ministerial Conference or the General
Council adopts by vote any decision to take any action described in
paragraph (1), (2), (4), or (6) of subsection (b), the Trade
Representative shall submit a report to the appropriate
congressional committees describing--
(A) the nature of the decision;
(B) the efforts made by the United States to have the
matter decided by consensus pursuant to paragraph 1 of article
IX of the WTO Agreement, and the results of those efforts;
(C) which countries voted for, and which countries voted
against, the decision;
(D) the rights or obligations of the United States affected
by the decision and any Federal or State law that would be
amended or repealed, if the President after consultation with
the Congress determined that such amendment or repeal was an
appropriate response; and
(E) the action the President intends to take in response to
the decision or, if the President does not intend to take any
action, the reasons therefor.
(2) Additional reporting requirements.--
(A) Grant of waiver.--In the case of a decision to grant a
waiver described in subsection (b)(3), the report under
paragraph (1) shall describe the terms and conditions of the
waiver and the rights and obligations of the United States that
are affected by the waiver.
(B) Accession.--In the case of a decision on accession
described in subsection (b)(5), the report under paragraph (1)
shall state whether the United States intends to invoke Article
XIII of the WTO Agreement.
(d) Consultation on Report.--Promptly after the submission of a
report under subsection (c), the Trade Representative shall consult
with the appropriate congressional committees with respect to the
report.

730455ec2a19289b5021bf4c6ddc9678816303f9812f2cd7943fc195401d7253

(a) Review by President.--The President shall review annually the
WTO panel roster and shall include the panel roster and the list of
persons serving on the Appellate Body in the annual report submitted by
the President under section 163(a) of the Trade Act of 1974.
(b) Qualifications of Appointees to Panels.--The Trade
Representative shall--
(1) seek to ensure that persons appointed to the WTO panel
roster are well-qualified, and that the roster includes persons
with expertise in the subject areas covered by the Uruguay Round
Agreements; and
(2) inform the President of persons nominated to the roster by
other WTO member countries.
(c) Rules Governing Conflicts of Interest.--The Trade
Representative shall seek the establishment by the General Council and
the Dispute Settlement Body of rules governing conflicts of interest by
persons serving on panels and members of the Appellate Body and shall
describe, in the annual report submitted under section 124, any
progress made in establishing such rules.
(d) Notification of Disputes.--Promptly after a dispute settlement
panel is established to consider the consistency of Federal or State
law with any of the Uruguay Round Agreements, the Trade Representative
shall notify the appropriate congressional committees of--
(1) the nature of the dispute, including the matters set forth
in the request for the establishment of the panel, the legal basis
of the complaint, and the specific measures, in particular any
State or Federal law cited in the request for establishment of the
panel;
(2) the identity of the persons serving on the panel; and
(3) whether there was any departure from the rule of consensus
with respect to the selection of persons to serve on the panel.
(e) Notice of Appeals of Panel Reports.--If an appeal is taken of a
report of a panel in a proceeding described in subsection (d), the
Trade Representative shall, promptly after the notice of appeal is
filed, notify the appropriate congressional committees of--
(1) the issues under appeal; and
(2) the identity of the persons serving on the Appellate Body
who are reviewing the report of the panel.
(f) Actions Upon Circulation of Reports.--Promptly after the
circulation of a report of a panel or of the Appellate Body to WTO
members in a proceeding described in subsection (d), the Trade
Representative shall--
(1) notify the appropriate congressional committees of the
report;
(2) in the case of a report of a panel, consult with the
appropriate congressional committees concerning the nature of any
appeal that may be taken of the report; and
(3) if the report is adverse to the United States, consult with
the appropriate congressional committees concerning whether to
implement the report's recommendation and, if so, the manner of
such implementation and the period of time needed for such
implementation.
(g) Requirements for Agency Action.--
(1) Changes in agency regulations or practice.--In any case in
which a dispute settlement panel or the Appellate Body finds in its
report that a regulation or practice of a department or agency of
the United States is inconsistent with any of the Uruguay Round
Agreements, that regulation or practice may not be amended,
rescinded, or otherwise modified in the implementation of such
report unless and until--
(A) the appropriate congressional committees have been
consulted under subsection (f);
(B) the Trade Representative has sought advice regarding
the modification from relevant private sector advisory
committees established under section 135 of the Trade Act of
1974 (19 U.S.C. 2155);
(C) the head of the relevant department or agency has
provided an opportunity for public comment by publishing in the
Federal Register the proposed modification and the explanation
for the modification;
(D) the Trade Representative has submitted to the
appropriate congressional committees a report describing the
proposed modification, the reasons for the modification, and a
summary of the advice obtained under subparagraph (B) with
respect to the modification;
(E) the Trade Representative and the head of the relevant
department or agency have consulted with the appropriate
congressional committees on the proposed contents of the final
rule or other modification; and
(F) the final rule or other modification has been published
in the Federal Register.
(2) Effective date of modification.--A final rule or other
modification to which paragraph (1) applies may not go into effect
before the end of the 60-day period beginning on the date on which
consultations under paragraph (1)(E) begin, unless the President
determines that an earlier effective date is in the national
interest.
(3) Vote by congressional committees.--During the 60-day period
described in paragraph (2), the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
may vote to indicate the agreement or disagreement of the committee
with the proposed contents of the final rule or other modification.
Any such vote shall not be binding on the department or agency
which is implementing the rule or other modification.
(4) Inapplicability to itc.--This subsection does not apply to
any regulation or practice of the International Trade Commission.
(h) Consultations Regarding Review of WTO Rules and Procedures.--
Before the review is conducted of the dispute settlement rules and
procedures of the WTO that is provided for in the Decision on the
Application of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, as such decision is set forth in the
Ministerial Declarations and Decisions adopted on April 15, 1994,
together with the Uruguay Round Agreements, the Trade Representative
shall consult with the congressional committees regarding the policy of
the United States concerning the review.

362d271df59678003795ef15f3d2fc7905c8e39f55e515dcf4c5cc9f213fd55b

Not later than March 1 of each year beginning in 1996, the Trade
Representative shall submit to the Congress a report describing, for
the preceding fiscal year of the WTO--
(1) the major activities and work programs of the WTO,
including the functions and activities of the committees
established under article IV of the WTO Agreement, and the
expenditures made by the WTO in connection with those activities
and programs;
(2) the percentage of budgetary assessments by the WTO that
were accounted for by each WTO member country, including the United
States;
(3) the total number of personnel employed or retained by the
Secretariat of the WTO, and the number of professional,
administrative, and support staff of the WTO;
(4) for each personnel category described in paragraph (3), the
number of citizens of each country, and the average salary of the
personnel, in that category;
(5) each report issued by a panel or the Appellate Body in a
dispute settlement proceeding regarding Federal or State law, and
any efforts by the Trade Representative to provide for
implementation of the recommendations contained in a report that is
adverse to the United States;
(6) each proceeding before a panel or the Appellate Body that
was initiated during that fiscal year regarding Federal or State
law, the status of the proceeding, and the matter at issue;
(7) the status of consultations with any State whose law was
the subject of a report adverse to the United States that was
issued by a panel or the Appellate Body; and
(8) any progress achieved in increasing the transparency of
proceedings of the Ministerial Conference and the General Council,
and of dispute settlement proceedings conducted pursuant to the
Dispute Settlement Understanding.

078a95df0f95ab14a1a4888941fba957f4a808254e9fb51891917a7753e11de1

(a) Report on the Operation of the WTO.--The first annual report
submitted to the Congress under section 124--
(1) after the end of the 5-year period beginning on the date on
which the WTO Agreement enters into force with respect to the
United States, and
(2) after the end of every 5-year period thereafter,
shall include an analysis of the effects of the WTO Agreement on the
interests of the United States, the costs and benefits to the United
States of its participation in the WTO, and the value of the continued
participation of the United States in the WTO.
(b) Congressional Disapproval of U.S. Participation in the WTO.--
(1) General rule.--The approval of the Congress, provided under
section 101(a), of the WTO Agreement shall cease to be effective
if, and only if, a joint resolution described in subsection (c) is
enacted into law pursuant to the provisions of paragraph (2).
(2) Procedural provisions.--(A) The requirements of this
paragraph are met if the joint resolution is enacted under
subsection (c), and--
(i) the Congress adopts and transmits the joint resolution
to the President before the end of the 90-day period (excluding
any day described in section 154(b) of the Trade Act of 1974),
beginning on the date on which the Congress receives a report
referred to in subsection (a), and
(ii) if the President vetoes the joint resolution, each
House of Congress votes to override that veto on or before the
later of the last day of the 90-day period referred to in
clause (i) or the last day of the 15-day period (excluding any
day described in section 154(b) of the Trade Act of 1974)
beginning on the date on which the Congress receives the veto
message from the President.
(B) A joint resolution to which this section applies may be
introduced at any time on or after the date on which the President
transmits to the Congress a report described in subsection (a), and
before the end of the 90-day period referred to in subparagraph
(A).
(c) Joint Resolutions.--
(1) Joint resolutions.--For purposes of this section, the term
``joint resolution'' means only a joint resolution of the 2 Houses
of Congress, the matter after the resolving clause of which is as
follows: ``That the Congress withdraws its approval, provided under
section 101(a) of the Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that Act.''.
(2) Procedures.--(A) Joint resolutions may be introduced in
either House of the Congress by any member of such House.
(B) Subject to the provisions of this subsection, the
provisions of subsections (b), (d), (e), and (f) of section 152 of
the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply
to joint resolutions to the same extent as such provisions apply to
resolutions under such section.
(C) If the committee of either House to which a joint
resolution has been referred has not reported it by the close of
the 45th day after its introduction (excluding any day described in
section 154(b) of the Trade Act of 1974), such committee shall be
automatically discharged from further consideration of the joint
resolution and it shall be placed on the appropriate calendar.
(D) It is not in order for--
(i) the Senate to consider any joint resolution unless it
has been reported by the Committee on Finance or the committee
has been discharged under subparagraph (C); or
(ii) the House of Representatives to consider any joint
resolution unless it has been reported by the Committee on Ways
and Means or the committee has been discharged under
subparagraph (C).
(E) A motion in the House of Representatives to proceed to the
consideration of a joint resolution may only be made on the second
legislative day after the calendar day on which the Member making
the motion announces to the House his or her intention to do so.
(3) Consideration of second resolution not in order.--It shall
not be in order in either the House of Representatives or the
Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is deemed
a part of the rules of each House, respectively, and such
procedures supersede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and to
the same extent as any other rule of that House.

a94cd6a12f626ec277b2b091c10c803f9b21a7f7b68105d12944ab271be02097

The Trade Representative shall seek the adoption by the Ministerial
Conference and General Council of procedures that will ensure broader
application of the principle of transparency and clarification of the
costs and benefits of trade policy actions, through the observance of
open and equitable procedures in trade matters by the Ministerial
Conference and the General Council, and by the dispute settlement
panels and the Appellate Body under the Dispute Settlement
Understanding.

e74eb701cc2c785cb247b68109ecb4308d4c6d897a0c794e583f11e0ff71488e

(a) In General.--Whenever the United States is a party before a
dispute settlement panel established pursuant to Article 6 of the
Dispute Settlement Understanding, the Trade Representative shall, at
each stage of the proceeding before the panel or the Appellate Body,
consult with the appropriate congressional committees, the petitioner
(if any) under section 302(a) of the Trade Act of 1974 (19 U.S.C. 2412)
with respect to the matter that is the subject of the proceeding, and
relevant private sector advisory committees established under section
135 of the Trade Act of 1974 (19 U.S.C. 2155), and shall consider the
views of representatives of appropriate interested private sector and
nongovernmental organizations concerning the matter.
(b) Notice and Public Comment.--In any proceeding described in
subsection (a), the Trade Representative shall--
(1) promptly after requesting the establishment of a panel, or
receiving a request from another WTO member country for the
establishment of a panel, publish a notice in the Federal
Register--
(A) identifying the initial parties to the dispute,
(B) setting forth the major issues raised by the country
requesting the establishment of a panel and the legal basis of
the complaint,
(C) identifying the specific measures, including any State
or Federal law cited in the request for establishment of the
panel, and
(D) seeking written comments from the public concerning the
issues raised in the dispute; and
(2) take into account any advice received from appropriate
congressional committees and relevant private sector advisory
committees referred to in subsection (a), and written comments
received pursuant to paragraph (1)(D), in preparing United States
submissions to the panel or the Appellate Body.
(c) Access to Documents.--In each proceeding described in
subsection (a), the Trade Representative shall--
(1) make written submissions by the United States referred to
in subsection (b) available to the public promptly after they are
submitted to the panel or Appellate Body, except that the Trade
Representative is authorized to withhold from disclosure any
information contained in such submissions identified by the
provider of the information as proprietary information or
information treated as confidential by a foreign government;
(2) request each other party to the dispute to permit the Trade
Representative to make that party's written submissions to the
panel or the Appellate Body available to the public; and
(3) make each report of the panel or the Appellate Body
available to the public promptly after it is circulated to WTO
members, and inform the public of such availability.
(d) Requests for Nonconfidential Summaries.--In any dispute
settlement proceeding conducted pursuant to the Dispute Settlement
Understanding, the Trade Representative shall request each party to the
dispute to provide nonconfidential summaries of its written
submissions, if that party has not made its written submissions public,
and shall make those summaries available to the public promptly after
receiving them.
(e) Public File.--The Trade Representative shall maintain a file
accessible to the public on each dispute settlement proceeding to which
the United States is a party that is conducted pursuant to the Dispute
Settlement Understanding. The file shall include all United States
submissions in the proceeding and a listing of any submissions to the
Trade Representative from the public with respect to the proceeding, as
well as the report of the dispute settlement panel and the report of
the Appellate Body.
(f) Conforming Amendment.--Section 135(a)(1)(B) of the Trade Act of
1974 (19 U.S.C. 2155(a)(1)(B)) is amended to read as follows:
``(B) the operation of any trade agreement once entered
into, including preparation for dispute settlement panel
proceedings to which the United States is a party; and''.

c21425349afef6df81a28603123bc34531d4e93720d14342e7df6d6801af4648

Section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1))
is amended by inserting ``nongovernmental environmental and
conservation organizations,'' after ``retailers,''.

645f1818f3d48fa45f8a0fcbc049541b4cc89775cc41882ad227ab9838534140

(a) Action by United States International Trade Commission.--
(1) Advisory report.--If a dispute settlement panel finds in an
interim report under Article 15 of the Dispute Settlement
Understanding, or the Appellate Body finds in a report under
Article 17 of that Understanding, that an action by the
International Trade Commission in connection with a particular
proceeding is not in conformity with the obligations of the United
States under the Antidumping Agreement, the Safeguards Agreement,
or the Agreement on Subsidies and Countervailing Measures, the
Trade Representative may request the Commission to issue an
advisory report on whether title VII of the Tariff Act of 1930 or
title II of the Trade Act of 1974, as the case may be, permits the
Commission to take steps in connection with the particular
proceeding that would render its action not inconsistent with the
findings of the panel or the Appellate Body concerning those
obligations. The Trade Representative shall notify the
congressional committees of such request.
(2) Time limits for report.--The Commission shall transmit its
report under paragraph (1) to the Trade Repre-sentative--
(A) in the case of an interim report described in paragraph
(1), within 30 calendar days after the Trade Representative
requests the report; and
(B) in the case of a report of the Appellate Body, within
21 calendar days after the Trade Representative requests the
report.
(3) Consultations on request for commission determination.--If
a majority of the Commissioners issues an affirmative report under
paragraph (1), the Trade Representative shall consult with the
congressional committees concerning the matter.
(4) Commission determination.--Notwithstanding any provision of
the Tariff Act of 1930 or title II of the Trade Act of 1974, if a
majority of the Commissioners issues an affirmative report under
paragraph (1), the Commission, upon the written request of the
Trade Representative, shall issue a determination in connection
with the particular proceeding that would render the Commission's
action described in paragraph (1) not inconsistent with the
findings of the panel or Appellate Body. The Commission shall issue
its determination not later than 120 days after the request from
the Trade Representative is made.
(5) Consultations on implementation of commission
determination.--The Trade Representative shall consult with the
congressional committees before the Commission's determination
under paragraph (4) is implemented.
(6) Revocation of order.--If, by virtue of the Commission's
determination under paragraph (4), an antidumping or countervailing
duty order with respect to some or all of the imports that are
subject to the action of the Commission described in paragraph (1)
is no longer supported by an affirmative Commission determination
under title VII of the Tariff Act of 1930 or this subsection, the
Trade Representative may, after consulting with the congressional
committees under paragraph (5), direct the administering authority
to revoke the antidumping or countervailing duty order in whole or
in part.
(7) Modification of action under title ii of trade act of
1974.--Section 204(b) of the Trade Act of 1974 (19 U.S.C. 2254(b))
is amended by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), the President may, after
receipt of a Commission determination under section 129(a)(4) of
the Uruguay Round Agreements Act and consulting with the Committee
on Ways and Means of the House of Representatives and the Committee
on Finance of the Senate, reduce, modify, or terminate action taken
under section 203.''.
(b) Action by Administering Authority.--
(1) Consultations with administering authority and
congressional committees.--Promptly after a report by a dispute
settlement panel or the Appellate Body is issued that contains
findings that an action by the administering authority in a
proceeding under title VII of the Tariff Act of 1930 is not in
conformity with the obligations of the United States under the
Antidumping Agreement or the Agreement on Subsidies and
Countervailing Measures, the Trade Representative shall consult
with the administering authority and the congressional committees
on the matter.
(2) Determination by administering authority.--Notwithstanding
any provision of the Tariff Act of 1930, the administering
authority shall, within 180 days after receipt of a written request
from the Trade Representative, issue a determination in connection
with the particular proceeding that would render the administering
authority's action described in paragraph (1) not inconsistent with
the findings of the panel or the Appellate Body.
(3) Consultations before implementation.--Before the
administering authority implements any determination under
paragraph (2), the Trade Representative shall consult with the
administering authority and the congressional committees with
respect to such determination.
(4) Implementation of determination.--The Trade Representative
may, after consulting with the administering authority and the
congressional committees under paragraph (3), direct the
administering authority to implement, in whole or in part, the
determination made under paragraph (2).
(c) Effects of Determinations; Notice of Implementation.--
(1) Effects of determinations.--Determinations concerning title
VII of the Tariff Act of 1930 that are implemented under this
section shall apply with respect to unliquidated entries of the
subject merchandise (as defined in section 771 of that Act) that
are entered, or withdrawn from warehouse, for consumption on or
after--
(A) in the case of a determination by the Commission under
subsection (a)(4), the date on which the Trade Representative
directs the administering authority under subsection (a)(6) to
revoke an order pursuant to that determination, and
(B) in the case of a determination by the administering
authority under subsection (b)(2), the date on which the Trade
Representative directs the administering authority under
subsection (b)(4) to implement that determination.
(2) Notice of implementation.--
(A) The administering authority shall publish in the
Federal Register notice of the implementation of any
determination made under this section with respect to title VII
of the Tariff Act of 1930.
(B) The Trade Representative shall publish in the Federal
Register notice of the implementation of any determination made
under this section with respect to title II of the Trade Act of
1974.
(d) Opportunity for Comment by Interested Parties.--Prior to
issuing a determination under this section, the administering authority
or the Commission, as the case may be, shall provide interested parties
with an opportunity to submit written comments and, in appropriate
cases, may hold a hearing, with respect to the determination.
(e) Judicial or Binational Panel Review.--
(1) Review of determinations on record.--Section 516A(a)(2) of
the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended--
(A) in subparagraph (A)(i)--
(i) in subclause (I) by striking ``(B), or'' and
inserting ``(B)'', and
(ii) by adding after subclause (II) the following:
``(III) notice of the implementation of any
determination described in clause (vii) of subparagraph
(B), or''; and
(B) in subparagraph (B), by adding at the end the following
new clause:
``(vii) A determination by the administering authority
or the Commission under section 129 of the Uruguay Round
Agreements Act concerning a deter-mination under title VII
of the Tariff Act of 1930.''.
(2) Time limits for cases involving free trade area
countries.--Section 516A(a)(5) of the Tariff Act of 1930 (19 U.S.C.
1516a(a)(5)) is amended by adding at the end the following new
subparagraph:
``(E) For a determination described in clause (vii) of
paragraph (2)(B), the 31st day after the date on which notice
of the implementation of the determination is published in the
Federal Register.''.
(3) Review of cases involving free trade area country
merchandise.--Section 516A(g)(8)(A)(i) of the Tariff Act of 1930
(19 U.S.C. 1516a(g)(8)(A)(i)) is amended by striking ``sub-
paragraph (A) or (B)'' and inserting ``subparagraph (A), (B), or
(E)''.

1fbc1043ab5ee47b14067ee11694a9807d48359fb0bb74d95d2e66e7d3854036

This subtitle and the amendments made by this subtitle take effect
on the date on which the WTO Agreement enters into force with respect
to the United States.
Subtitle D--Related Provisions

a36fb9f21935bfa277c8c02beaaa7a02799cd9918ff09073f64fbb1c29f0c74b

(a) In General.--The President shall seek the establishment in the
GATT 1947, and, upon entry into force of the WTO Agreement with respect
to the United States, in the WTO, of a working party to examine the
relationship of internationally recognized worker rights, as defined in
section 502(a)(4) of the Trade Act of 1974, to the articles,
objectives, and related instruments of the GATT 1947 and of the WTO,
respectively.
(b) Objectives of Working Party.--The objectives of the United
States for the working party described in subsection (a) are to--
(1) explore the linkage between international trade and
internationally recognized worker rights, as defined in section
502(a)(4) of the Trade Act of 1974, taking into account differences
in the level of development among countries;
(2) examine the effects on international trade of the
systematic denial of such rights;
(3) consider ways to address such effects; and
(4) develop methods to coordinate the work program of the
working party with the International Labor Organization.
(c) Report to Congress.--The President shall report to the
Congress, not later than 1 year after the date of the enactment of this
Act, on the progress made in establishing the working party under this
section, and on United States objectives with respect to the working
party's work program.

ec2fbbe0e86ef5183603139cb343415242f5213e684b8a7a69bbd9f5e45ee7ad

If the President enters into an agreement developed under the work
program described in Article 9 of the Agreement on Rules of Origin
referred to in section 101(d)(10), the President may implement United
States obligations under such an agreement under United States law only
pursuant to authority granted to the President for that purpose by law
enacted after the effective date of this title.

a45a4fc04a96a4691d535f3e66e58e0f63fafa6b46b202a11e1b9209dfe669bb

It is the sense of the Congress that the Trade Representative
should vigorously oppose the admission into the World Trade
Organization of any country which, through its laws, regulations,
official policies, or governmental practices, fosters, imposes,
complies with, furthers, or supports any boycott described in section
8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a))
(as in effect on August 20, 1994), including requiring or encouraging
entities within that country to refuse to do business with persons who
do not comply with requests to take any action prohibited under that
section.

ec9593c25aa6f1d5970c1fdd47279ffffa5f0ccca38804687d811abcf86007d1

(a) Development of Policy.--The President should develop and
implement a comprehensive trade and development policy for the
countries of Africa.
(b) Reports to Congress.--The President shall, not later than 12
months after the date of the enactment of this Act and annually
thereafter for a period of 4 years, submit to the Committee on Ways and
Means and the Committee on Foreign Affairs of the House of
Representatives, the Committee on Finance and the Committee on Foreign
Relations of the Senate, and other appropriate committees of the
Congress, a report on the steps taken to carry out subsection (a).

ec4fd2cc6e403021ac8ce90223c6b2ef24d813e9333ef7c8a62079f5a887c532

(a) Trade in Financial Services.--The principal negotiating
objective of the United States in the extended negotiations on
financial services to be conducted under the auspices of the WTO is to
seek to secure commitments, from a wide range of commercially important
developed and developing countries, to reduce or eliminate barriers to
the supply of financial services, including barriers that deny national
treatment or market access by restricting the establishment or
operation of financial services providers, as the condition for the
United States--
(1) offering commitments to provide national treatment and
market access in each of the financial services subsectors, and
(2) making such commitments on a most-favored-nation basis.
(b) Trade in Basic Telecommunications Services.--The principal
negotiating objective of the United States in the extended negotiations
on basic telecommunications services to be conducted under the auspices
of the WTO is to obtain the opening on nondiscriminatory terms and
conditions of foreign markets for basic telecommunications services
through facilities-based competition or through the resale of services
on existing networks.
(c) Trade in Civil Aircraft.--
(1) Negotiations.--The principal negotiating objectives of the
United States in the extended negotiations on trade in civil
aircraft to be conducted under the auspices of the WTO are--
(A) to obtain competitive opportunities for United States
exports in foreign markets substantially equivalent to those
afforded to foreign products in the United States,
(B) to obtain the reduction or elimination of specific
tariff and nontariff barriers, including through expanded
membership in the Agreement on Trade in Civil Aircraft and in
the US-EC bilateral agreement for large civil aircraft,
(C) to maintain vigorous and effective disciplines on
subsidies practices with respect to civil aircraft products
under the Agreement on Subsidies and Countervailing Measures
referred to in section 101(d)(12),
(D) to maintain the scope and coverage on indirect support
as specified in the US-EC bilateral agreement on large civil
aircraft, and
(E) to obtain increased transparency with respect to
foreign subsidy programs in the civil aircraft sector, both
through greater government disclosure with respect to the use
of taxpayer moneys and higher financial disclosure standards
for companies receiving government supports (including
disclosure comparable to that required under United States
securities laws).
(2) Definitions.--For purposes of paragraph (1)--
(A) the term ``civil aircraft'' means those products to
which the Agreement on Trade in Civil Aircraft applies,
(B) the term ``large civil aircraft'' has the meaning given
that term in Annex II to the US-EC bilateral agreement,
(C) the term ``indirect support'' means indirect government
support as defined in Annex II to the US-EC bilateral
agreement,
(D) the term ``Agreement on Trade in Civil Aircraft'' means
the Agreement on Trade in Civil Aircraft approved by the
Congress under section 2 of the Trade Agreements Act of 1979,
and
(E) the term ``US-EC bilateral agreement'' means the
Agreement Concerning the Application of the GATT Agreement on
Trade in Civil Aircraft Between the European Economic Community
and the Government of the United States of America on trade in
large civil aircraft, entered into on July 17, 1992.

d9e9ea6eb7b62abb5bdcbb2f5b6d17ea703984d3901768e5c30678d7f9b3507f

DISTILLED SPIRITS USED IN PERFUME MANUFACTURE.
(a) Repeal of Tax on Imported Perfumes.--Subsection (a) of section
5001 of the Internal Revenue Code of 1986 is amended by striking
paragraph (3) and redesignating the following paragraphs accordingly.
(b) Drawback of Tax on Distilled Spirits Used in Perfume
Manufacture.--Sections 5131(a), 5132, 5134(c)(1), and 7652(g) of such
Code are each amended by striking ``or flavoring extracts'' and
inserting ``flavoring extracts, or perfume''.
(c) Conforming Amendments.--
(1) Subsection (b) of section 5002 of such Code is amended by
striking paragraph (1) and redesignating the following paragraphs
accordingly.
(2) Subsection (f) of section 5005 of such Code is amended--
(A) by striking ``section 5001(a)(6) and (7)'' in paragraph
(3) and inserting ``section 5001(a)(5) and (6)'', and
(B) by striking ``section 5001(a)(5)'' in paragraph (4) and
inserting ``section 5001(a)(4)''.
(3) Subsection (b) of section 5007 of such Code is amended to
read as follows:
``(b) Collection of Tax on Imported Distilled Spirits.--The
internal revenue tax imposed by section 5001(a)(1) and (2) upon
imported distilled spirits shall be collected by the Secretary and
deposited as internal revenue collections, under such regulations as
the Secretary may prescribe. Section 5688 shall be applicable to the
disposition of imported spirits.''.
(4) Paragraph (3) of section 5007(c) of such Code is amended by
striking ``section 5001(a)(5), (6), and (7)'' and inserting
``section 5001(a)(4), (5), and (6)''.
(5) Paragraph (1) of section 5061(b) of such Code is amended to
read as follows:
``(1) section 5001(a)(4), (5), or (6),''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 1995.

b04c994a1ec9fe366838a097be77290fa524f5e2714ff961d78a19c8086454f6

In the case of nonrubber footwear imported from Brazil--
(1) which is subject to Treasury Decision 74-233, dated
September 9, 1974,
(2) which was entered, or withdrawn from warehouse for
consumption, on or before October 28, 1981, and
(3) with respect to which entries are unliquidated on the date
of the enactment of this Act,
countervailing duties shall be assessed at rates equal to the amount of
the cash deposit of the estimated countervailing duties required on
such footwear at the time of entry or withdrawal from warehouse for
consumption. Interest on underpayments of amounts required to be
deposited as countervailing duties shall be paid in accordance with
section 778 of the Tariff Act of 1930 (19 U.S.C. 1677g).

fbd05d5276964d57039971214e18ad15e9f76737698353674cf485a70f508090

(a) In General.--Except as provided in section 136(d) and
subsection (b) of this section, this subtitle and the amendments made
by this subtitle take effect on the date of the enactment of this Act.
(b) Sections 132 and 135.--Sections 132 and 135 take effect on the
date on which the WTO Agreement enters into force with respect to the
United States.

94231c3274b31b6914a6015a74ce0f686e420b618a7412267d4a27a4ca187e95

Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Tariff Act of 1930.
Subtitle A--General Provisions

b21828533127ff1600bbb71d8ddfa3a443fa80060e0e39df617cb1319f96be7f

(a) Countervailing Duty Investigations.--Section 702(b) (19 U.S.C.
1671a(b)) is amended--
(1) in paragraph (3) by striking ``subsection 702(b)(1)'' and
inserting ``paragraph (1)'', and
(2) by adding at the end the following:
``(4) Action with respect to petitions.--
``(A) Notification of governments.--Upon receipt of a
petition filed under paragraph (1), the administering authority
shall--
``(i) notify the government of any exporting country
named in the petition by delivering a public version of the
petition to an appropriate representative of such country;
and
``(ii) provide the government of any exporting country
named in the petition that is a Subsidies Agreement country
an opportunity for consultations with respect to the
petition.
``(B) Acceptance of communications.--The administering
authority shall not accept any unsolicited oral or written
communication from any person other than an interested party
described in section 771(9) (C), (D), (E), (F), or (G) before
the administering authority makes its decision whether to
initiate an investigation, except as provided in subparagraph
(A)(ii) and subsection (c)(4)(D), and except for inquiries
regarding the status of the administering authority's
consideration of the petition.
``(C) Nondisclosure of certain information.--The
administering authority and the Commission shall not dis-close
information with regard to any draft petition sub-mitted for
review and comment before it is filed under paragraph (1).''.
(b) Antidumping Investigations.--Section 732(b) (19 U.S.C.
1673a(b)) is amended by adding at the end the following:
``(3) Action with respect to petitions.--
``(A) Notification of governments.--Upon receipt of a
petition filed under paragraph (1), the administering authority
shall notify the government of any exporting country named in
the petition by delivering a public version of the petition to
an appropriate representative of such country.
``(B) Acceptance of communications.--The administering
authority shall not accept any unsolicited oral or written
communication from any person other than an interested party
described in section 771(9) (C), (D), (E), (F), or (G) before
the administering authority makes its decision whether to
initiate an investigation, except as provided in subsection
(c)(4)(D), and except for inquiries regarding the status of the
administering authority's consideration of the petition.
``(C) Nondisclosure of certain information.--The
administering authority and the Commission shall not dis-close
information with regard to any draft petition sub-mitted for
review and comment before it is filed under paragraph (1).''.

e08d704ba90694783e0174b6ffc6c476978dc6c899ba344893941ce47368720f

(a) General Requirements.--
(1) Countervailing duty petition.--Section 702(c) (19 U.S.C.
1671a(c)) is amended to read as follows:
``(c) Petition Determination.--
``(1) In general.--
``(A) Time for initial determination.--Except as provided
in subparagraph (B), within 20 days after the date on which a
petition is filed under subsection (b), the administering
authority shall--
``(i) after examining, on the basis of sources readily
available to the administering authority, the accuracy and
adequacy of the evidence provided in the petition,
determine whether the petition alleges the elements
necessary for the imposition of a duty under section 701(a)
and contains information reasonably available to the
petitioner supporting the allegations, and
``(ii) determine if the petition has been filed by or
on behalf of the industry.
``(B) Extension of time.--In any case in which the
administering authority is required to poll or otherwise
determine support for the petition by the industry under
paragraph (4)(D), the administering authority may, in
exceptional circumstances, apply subparagraph (A) by
substituting `a maximum of 40 days' for `20 days'.
``(C) Time limits where petition involves same merchandise
as an order that has been revoked.--If a petition is filed
under this section with respect to merchandise that was the
subject merchandise of--
``(i) a countervailing duty order that was revoked
under section 751(d) in the 24 months preceding the date
the petition is filed, or
``(ii) a suspended investigation that was terminated
under section 751(d) in the 24 months preceding the date
the petition is filed,
the administering authority and the Commission shall, to the
maximum extent practicable, expedite any investigation
initiated under this section with respect to the petition.
``(2) Affirmative determinations.--If the determinations under
clauses (i) and (ii) of paragraph (1)(A) are affirmative, the
administering authority shall initiate an investigation to
determine whether a countervailable subsidy is being provided with
respect to the subject merchandise.
``(3) Negative determinations.--If the determination under
clause (i) or (ii) of paragraph (1)(A) is negative, the
administering authority shall dismiss the petition, terminate the
proceeding, and notify the petitioner in writing of the reasons for
the determination.
``(4) Determination of industry support.--
``(A) General rule.--For purposes of this subsection, the
administering authority shall determine that the petition has
been filed by or on behalf of the industry, if--
``(i) the domestic producers or workers who support the
petition account for at least 25 percent of the total
production of the domestic like product, and
``(ii) the domestic producers or workers who support
the petition account for more than 50 percent of the
production of the domestic like product produced by that
portion of the industry expressing support for or
opposition to the petition.
``(B)  Certain positions disregarded.--
``(i) Producers related to foreign producers.--In
determining industry support under subparagraph (A), the
administering authority shall disregard the position of
domestic producers who oppose the petition, if such
producers are related to foreign producers, as defined in
section 771(4)(B)(ii), unless such domestic producers
demonstrate that their interests as domestic producers
would be adversely affected by the imposition of a
countervailing duty order.
``(ii) Producers who are importers.--The administering
authority may disregard the position of domestic producers
of a domestic like product who are importers of the subject
merchandise.
``(C) Special rule for regional industries.--If the
petition alleges that the industry is a regional industry, the
administering authority shall determine whether the petition
has been filed by or on behalf of the industry by applying
subparagraph (A) on the basis of production in the region.
``(D) Polling the industry.--If the petition does not
establish support of domestic producers or workers accounting
for more than 50 percent of the total production of the
domestic like product, the administering authority shall--
``(i) poll the industry or rely on other information in
order to determine if there is support for the petition as
required by subparagraph (A), or
``(ii) if there is a large number of producers in the
industry, the administering authority may determine
industry support for the petition by using any
statistically valid sampling method to poll the industry.
``(E) Comments by interested parties.--Before the
administering authority makes a determination with respect to
initiating an investigation, any person who would qualify as an
interested party under section 771(9) if an investigation were
initiated, may submit comments or information on the issue of
industry support. After the administering authority makes a
determination with respect to initiating an investigation, the
determination regarding industry support shall not be
reconsidered.
``(5) Definition of domestic producers or workers.--For
purposes of this subsection, the term `domestic producers or
workers' means those interested parties who are eligible to file a
petition under subsection (b)(1)(A).''.
(2) Antidumping duty petition.--Section 732(c) (19 U.S.C.
1673a(c)) is amended to read as follows:
``(c) Petition Determination.--
``(1) In general.--
``(A) Time for initial determination.--Except as provided
in subparagraph (B), within 20 days after the date on which a
petition is filed under subsection (b), the administering
authority shall--
``(i) after examining, on the basis of sources readily
available to the administering authority, the accuracy and
adequacy of the evidence provided in the petition,
determine whether the petition alleges the elements
necessary for the imposition of a duty under section 731
and contains information reasonably available to the
petitioner supporting the allegations, and
``(ii) determine if the petition has been filed by or
on behalf of the industry.
``(B) Extension of time.--In any case in which the
administering authority is required to poll or otherwise
determine support for the petition by the industry under
paragraph (4)(D), the administering authority may, in
exceptional circumstances, apply subparagraph (A) by
substituting `a maximum of 40 days' for `20 days'.
``(C) Time limits where petition involves same merchandise
as an order that has been revoked.--If a petition is filed
under this section with respect to merchandise that was the
subject merchandise of--
``(i) an antidumping duty order or finding that was
revoked under section 751(d) in the 24 months preceding the
date the petition is filed, or
``(ii) a suspended investigation that was terminated
under section 751(d) in the 24 months preceding the date
the petition is filed,
the administering authority and the Commission shall, to the
maximum extent practicable, expedite any investigation
initiated under this section with respect to the petition.
``(2) Affirmative determinations.--If the determinations under
clauses (i) and (ii) of paragraph (1)(A) are affirmative, the
administering authority shall initiate an investigation to
determine whether the subject merchandise is being, or is likely to
be, sold in the United States at less than its fair value.
``(3) Negative determinations.--If the determination under
clause (i) or (ii) of paragraph (1)(A) is negative, the
administering authority shall dismiss the petition, terminate the
proceeding, and notify the petitioner in writing of the reasons for
the determination.
``(4) Determination of industry support.--
``(A) General rule.--For purposes of this subsection, the
administering authority shall determine that the petition has
been filed by or on behalf of the industry, if--
``(i) the domestic producers or workers who support the
petition account for at least 25 percent of the total
production of the domestic like product, and
``(ii) the domestic producers or workers who support
the petition account for more than 50 percent of the
production of the domestic like product produced by that
portion of the industry expressing support for or
opposition to the petition.
``(B)  Certain positions disregarded.--
``(i) Producers related to foreign producers.--In
determining industry support under subparagraph (A), the
administering authority shall disregard the position of
domestic producers who oppose the petition, if such
producers are related to foreign producers, as defined in
section 771(4)(B)(ii), unless such domestic producers
demonstrate that their interests as domestic producers
would be adversely affected by the imposition of an
antidumping duty order.
``(ii) Producers who are importers.--The administering
authority may disregard the position of domestic producers
of a domestic like product who are importers of the subject
merchandise.
``(C) Special rule for regional industries.--If the
petition alleges the industry is a regional industry, the
administering authority shall determine whether the petition
has been filed by or on behalf of the industry by applying
subparagraph (A) on the basis of production in the region.
``(D) Polling the industry.--If the petition does not
establish support of domestic producers or workers accounting
for more than 50 percent of the total production of the
domestic like product, the administering authority shall--
``(i) poll the industry or rely on other information in
order to determine if there is support for the petition as
required by subparagraph (A), or
``(ii) if there is a large number of producers in the
industry, the administering authority may determine
industry support for the petition by using any
statistically valid sampling method to poll the industry.
``(E) Comments by interested parties.--Before the
administering authority makes a determination with respect to
initiating an investigation, any person who would qualify as an
interested party under section 771(9) if an investigation were
initiated, may submit comments or information on the issue of
industry support. After the administering authority makes a
determination with respect to initiating an investigation, the
determination regarding industry support shall not be
reconsidered.
``(5) Definition of domestic producers or workers.--For
purposes of this subsection, the term `domestic producers or
workers' means those interested parties who are eligible to file a
petition under subsection (b)(1)(A).''.
(b) Determination by the Commission of Reasonable Indication of
Injury; Preliminary Determination by the Administering Authority.--
(1) Countervailing duty investigations.--
(A) Section 703(a) (19 U.S.C. 1671b(a)) is amended to read
as follows:
``(a) Determination by Commission of Reasonable Indication of
Injury.--
``(1) General rule.--Except in the case of a petition dismissed
by the administering authority under section 702(c)(3), the
Commission, within the time specified in paragraph (2), shall
determine, based on the information available to it at the time of
the determination, whether there is a reasonable indication that--
``(A) an industry in the United States--
``(i) is materially injured, or
``(ii) is threatened with material injury, or
``(B) the establishment of an industry in the United States
is materially retarded,
by reason of imports of the subject merchandise and that imports of
the subject merchandise are not negligible. If the Commission finds
that imports of the subject merchandise are negligible or otherwise
makes a negative determination under this paragraph, the
investigation shall be terminated.
``(2) Time for commission determination.--The Commission shall
make the determination described in paragraph (1)--
``(A) in the case of a petition filed under section
702(b)--
``(i) within 45 days after the date on which the
petition is filed, or
``(ii) if the time has been extended pursuant to
section 702(c)(1)(B), within 25 days after the date on
which the Commission receives notice from the administering
authority of initiation of the investigation, and
``(B) in the case of an investigation initiated under
section 702(a), within 45 days after the date on which the
Commission receives notice from the administering authority
that an investigation has been initiated under such section.''.
(B) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is amended by
adding at the end the following: ``If the Commission determines
that imports of the subject merchandise are negligible, the
investigation shall be terminated.''.
(C) Section 703(b) (19 U.S.C. 1671b(b)) is amended--
(i) in paragraph (1)--
(I) by striking ``85 days after the date on which
the petition is filed under section 702(b)'' and
inserting ``65 days after the date on which the
administering authority initiates an investigation
under section 702(c)'';
(II) by striking ``best information'' and inserting
``information''; and
(III) by striking the last sentence; and
(ii) in paragraph (2), by striking ``85 days after the
date on which the petition is filed under section 702(b)''
and inserting ``65 days after the date on which the
administering authority initiates an investigation under
section 702(c)''.
(D) Section 703(c)(1) (19 U.S.C. 1671b(c)) is amended by
striking ``150th day after the date on which a petition is
filed under section 702(b)'' and inserting ``130th day after
the date on which the administering authority initiates an
investigation under section 702(c)''.
(E) Section 702(b)(3) (19 U.S.C. 1671a(b)(3)) is amended by
striking ``twenty days'' and inserting ``5 days after the date
on which the administering authority initiates an investigation
under subsection (c),''.
(F) Section 703(f) (19 U.S.C. 1671b(f)) is amended to read
as follows:
``(f) Notice of Determination.--Whenever the Commission or the
administering authority makes a determination under this section, the
Commission or the administering authority, as the case may be, shall
notify the petitioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is appropriate) of
its determination. The administering authority shall include with such
notification the facts and conclusions on which its determination is
based. Not later than 5 days after the date on which the determination
is required to be made under subsection (a)(2), the Commission shall
transmit to the administering authority the facts and conclusions on
which its determination is based.''.
(2) Antidumping duty investigations.--
(A) Section 733(a) (19 U.S.C. 1673b(a)) is amended to read
as follows:
``(a) Determination by Commission of Reasonable Indication of
Injury.--
``(1) General rule.--Except in the case of a petition dismissed
by the administering authority under section 732(c)(3), the
Commission, within the time specified in paragraph (2), shall
determine, based on the information available to it at the time of
the determination, whether there is a reasonable indication that--
``(A) an industry in the United States--
``(i) is materially injured, or
``(ii) is threatened with material injury, or
``(B) the establishment of an industry in the United States
is materially retarded,
by reason of imports of the subject merchandise and that imports of
the subject merchandise are not negligible. If the Commission finds
that imports of the subject merchandise are negligible or otherwise
makes a negative determination under this paragraph, the
investigation shall be terminated.
``(2) Time for commission determination.--The Commission shall
make the determination described in paragraph (1)--
``(A) in the case of a petition filed under section
732(b)--
``(i) within 45 days after the date on which the
petition is filed, or
``(ii) if the time has been extended pursuant to
section 732(c)(1)(B), within 25 days after the date on
which the Commission receives notice from the administering
authority of initiation of the investigation, and
``(B) in the case of an investigation initiated under
section 732(a), within 45 days after the date on which the
Commission receives notice from the administering authority
that an investigation has been initiated under such section.''.
(B) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) is amended by
adding at the end the following: ``If the Commission determines
that imports of the subject merchandise are negligible, the
investigation shall be terminated.''.
(C) Section 733(b)(1) (19 U.S.C. 1673b(b)(1)) is amended--
(i) in subparagraph (A)--
(I) by striking ``160 days after the date on which
a petition is filed under section 732(b)'' and
inserting ``140 days after the date on which the
administering authority initiates an investigation
under section 732(c)''; and
(II) by striking ``best information'' and inserting
``information''; and
(ii) in subparagraph (B)--
(I) by striking ``120'' and inserting ``100'';
(II) by striking ``160'' and inserting ``140'';
(III) by striking ``100'' and inserting ``80''; and
(IV) by striking ``160'' and inserting ``140''.
(D) Section 733(c)(1) (19 U.S.C. 1673b(c)(1)) is amended by
striking ``210th day after the date on which a petition is
filed under section 732(b)'' and inserting ``190th day after
the date on which the administering authority initiates an
investigation under section 732(c)''.
(E) Section 733(f) (19 U.S.C. 1673b(f)) is amended to read
as follows:
``(f) Notice of Determination.--Whenever the Commission or the
administering authority makes a determination under this section, the
Commission or the administering authority, as the case may be, shall
notify the petitioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is appropriate) of
its determination. The administering authority shall include with such
notification the facts and conclusions on which its determination is
based. Not later than 5 days after the date on which the determination
is required to be made under subsection (a)(2), the Commission shall
transmit to the administering authority the facts and conclusions on
which its determination is based.''.

e3af7fd145e886f024c2c1ee7695a09a41d7100f85cde6af55f6080734aeca03

(a) Preliminary Determinations.--Section 733(b) (19 U.S.C.
1673b(b)) is amended by adding at the end the following new paragraph:
``(3) De minimis dumping margin.--In making a determination
under this subsection, the administering authority shall disregard
any weighted average dumping margin that is de minimis. For
purposes of the preceding sentence, a weighted average dumping
margin is de minimis if the administering authority determines that
it is less than 2 percent ad valorem or the equivalent specific
rate for the subject merchandise.''.
(b) Final Determinations.--Section 735(a) (19 U.S.C. 1673d(a)) is
amended by adding at the end the following new paragraph:
``(4) De minimis dumping margin.--In making a determination
under this subsection, the administering authority shall disregard
any weighted average dumping margin that is de minimis as defined
in section 733(b)(3).''.

42fe39a8d8e24b67c51cb008e6240ccf893aa689f80a333eec962ff58eb42d43

(a) Countervailing Duty Investigations.--
(1) Preliminary determinations.--Section 703(e)(1) (19 U.S.C.
1671b(e)(1)) is amended--
(A) in the matter preceding subparagraph (A) by striking
``best information'' and inserting ``information''; and
(B) by amending subparagraphs (A) and (B) to read as
follows:
``(A) the alleged countervailable subsidy is inconsistent
with the Subsidies Agreement, and
``(B) there have been massive imports of the subject
merchandise over a relatively short period.''.
(2) Final determinations.--(A) Section 705(a)(2) (19 U.S.C.
1671d(a)(2)) is amended--
(i) in subparagraph (A) by inserting ``Subsidies'' before
``Agreement''; and
(ii) in subparagraph (B) by striking ``class or kind of
merchandise involved'' and inserting ``subject merchandise''.
(B) Section 705(b)(4)(A) (19 U.S.C. 1671d(b)(4)) is amended to
read as follows:
``(A) Commission standard for retroactive application.--
``(i) In general.--If the finding of the administering
authority under subsection (a)(2) is affirmative, then the
final determination of the Commission shall include a
finding as to whether the imports subject to the
affirmative determination under subsection (a)(2) are
likely to undermine seriously the remedial effect of the
countervailing duty order to be issued under section 706.
``(ii) Factors to consider.--In making the evaluation
under clause (i), the Commission shall consider, among
other factors it considers relevant--
``(I) the timing and the volume of the imports,
``(II) any rapid increase in inventories of the
imports, and
``(III) any other circumstances indicating that the
remedial effect of the countervailing duty order will
be seriously undermined.''.
(b) Antidumping Investigations.--
(1) Preliminary determinations.--Section 733(e)(1) (19 U.S.C.
1673b(e)(1)) is amended--
(A) in the matter preceding subparagraph (A) by striking
``best information'' and inserting ``information''; and
(B) by amending subparagraphs (A) and (B) to read as
follows:
``(A)(i) there is a history of dumping and material injury
by reason of dumped imports in the United States or elsewhere
of the subject merchandise, or
``(ii) the person by whom, or for whose account, the
merchandise was imported knew or should have known that the
exporter was selling the subject merchandise at less than its
fair value and that there was likely to be material injury by
reason of such sales, and
``(B) there have been massive imports of the subject
merchandise over a relatively short period.''.
(2) Final determinations.--(A) Section 735(a)(3) (19 U.S.C.
1673d(a)(3)) is amended--
(i) in clause (i) of subparagraph (A)--
(I) by inserting ``and material injury by reason of
dumped imports'' after ``history of dumping''; and
(II) by striking ``class or kind of the merchandise
which is the subject of the investigation'' and inserting
``subject merchandise'';
(ii) in clause (ii) of subparagraph (A) by striking
``merchandise which is the subject of the investigation at less
than its fair value'' and inserting ``subject merchandise at
less than its fair value and that there would be material
injury by reason of such sales''; and
(iii) in subparagraph (B) by striking ``merchandise which
is the subject of the investigation'' and inserting ``subject
merchandise''.
(B) Section 735(b)(4)(A) (19 U.S.C. 1673d(b)(4)(A)) is amended
to read as follows:
``(A) Commission standard for retroactive application.--
``(i) In general.--If the finding of the administering
authority under subsection (a)(3) is affirmative, then the
final determination of the Commission shall include a
finding as to whether the imports subject to the
affirmative determination under subsection (a)(3) are
likely to undermine seriously the remedial effect of the
antidumping duty order to be issued under section 736.
``(ii) Factors to consider.--In making the evaluation
under clause (i), the Commission shall consider, among
other factors it considers relevant--
``(I) the timing and the volume of the imports,
``(II) a rapid increase in inventories of the
imports, and
``(III) any other circumstances indicating that the
remedial effect of the antidumping order will be
seriously undermined.''.

39e7dc6ce81f6e72a68d5e535139c1e2306885d6201cc9d383d9c68c5a6a6244

(a) Countervailing Duties.--
(1) Suspension of liquidation.--Section 703(d) (19 U.S.C.
1671b(d)) is amended--
(A) in paragraph (1), by striking ``warehouse'' and all
that follows through ``Register,'' and inserting ``warehouse,
for consumption on or after the later of--
``(A) the date on which notice of the determination is
published in the Federal Register, or
``(B) the date that is 60 days after the date on which
notice of the determination to initiate the investigation is
published in the Federal Register,''; and
(B) by adding at the end the following:
``The instructions of the administering authority under paragraphs (1)
and (2) may not remain in effect for more than 4 months.''.
(2) Critical circumstances cases.--Section 703(e)(2) (19 U.S.C.
1671b(e)(2)) is amended by striking ``warehouse, for consumption on
or after the date which is 90 days before the date on which
suspension of liquidation was first ordered.'' and inserting
``warehouse, for consumption on or after the later of--
``(A) the date which is 90 days before the date on which
the suspension of liquidation was first ordered, or
``(B) the date on which notice of the determination to
initiate the investigation is published in the Federal
Register.''.
(b) Antidumping Duties.--
(1) Suspension of liquidation.--Section 733(d) (19 U.S.C.
1673b(d)) is amended--
(A) in paragraph (1), by striking ``warehouse'' and all
that follows through ``Register,'' and inserting ``warehouse,
for consumption on or after the later of--
``(A) the date on which notice of the determination is
published in the Federal Register, or
``(B) the date that is 60 days after the date on which
notice of the determination to initiate the investigation is
published in the Federal Register,''; and
(B) by adding at the end the following:
``The instructions of the administering authority under paragraphs (1)
and (2) may not remain in effect for more than 4 months, except that
the administering authority may, at the request of exporters
representing a significant proportion of exports of the subject
merchandise, extend that 4-month period to not more than 6 months.''.
(2) Critical circumstances cases.--Section 733(e)(2) (19 U.S.C.
1673b(e)(2)) is amended by striking ``warehouse, for consumption on
or after the date which is 90 days before the date on which
suspension of liquidation was first ordered.'' and inserting
``warehouse, for consumption on or after the later of--
``(A) the date which is 90 days before the date on which
the suspension of liquidation was first ordered, or
``(B) the date on which notice of the determination to
initiate the investigation is published in the Federal
Register.''.

1107091e788e24220e93a40a70d3c76d7333329c2fe6266ee73c9143757c7774

(a) Countervailing Duties.--Section 704(d)(1) (19 U.S.C.
1671c(d)(1)) is amended by striking ``In applying'' and inserting the
following:
``Where practicable, the administering authority shall provide to
the exporters who would have been subject to the agreement the
reasons for not accepting the agreement and, to the extent
possible, an opportunity to submit comments thereon. In applying''.
(b) Antidumping Duties.--Section 734(d) (19 U.S.C. 1673c(d)) is
amended by adding at the end the following flush sentence:
``Where practicable, the administering authority shall provide to the
exporters who would have been subject to the agreement the reasons for
not accepting the agreement and, to the extent possible, an opportunity
to submit comments thereon.''.

ae8a574d3ea411402b1ee0f813c509c3f713a9c10e7e0c97b60411a39a4dbe6b

(a) Countervailing Duty Investigations.--Section 704(a)(1) (19
U.S.C. 1671c(a)(1)) is amended--
(1) by striking ``Except'' and inserting ``(A) Withdrawal of
petition.--Except'';
(2) by indenting the text so as to align it with subparagraph
(B) (as added by paragraph (3) of this subsection); and
(3) by adding at the end the following:
``(B) Refiling of petition.--If, within 3 months after the
withdrawal of a petition under subparagraph (A), a new petition
is filed seeking the imposition of duties on both the subject
merchandise of the withdrawn petition and the subject
merchandise from another country, the administering authority
and the Commission may use in the investigation initiated
pursuant to the new petition any records compiled in an
investigation conducted pursuant to the withdrawn petition.
This subparagraph applies only with respect to the first
withdrawal of a petition.''.
(b) Antidumping Duty Investigations.--Section 734(a)(1) (19 U.S.C.
1673c(a)(1)) is amended--
(1) by striking ``Except'' and inserting ``(A) Withdrawal of
petition.--Except'';
(2) by indenting the text so as to align it with subparagraph
(B) (as added by paragraph (3) of this subsection); and
(3) by adding at the end the following:
``(B) Refiling of petition.--If, within 3 months after the
withdrawal of a petition under subparagraph (A), a new petition
is filed seeking the imposition of duties on both the subject
merchandise of the withdrawn petition and the subject
merchandise from another country, the administering authority
and the Commission may use in the investigation initiated
pursuant to the new petition any records compiled in an
investigation conducted pursuant to the withdrawn petition.
This subparagraph applies only with respect to the first
withdrawal of a petition.''.

f92f5fe4ff50b2eb096f6ecc7e81cad9e0528412a47645cd64bd3c99c18d39be

(a) Suspension Agreements.--
(1) Countervailing duty investigations.--Section 704 (19 U.S.C.
1671c) is amended by adding at the end the following new
subsection:
``(l) Special Rule for Regional Industry Investigations.--
``(1) Suspension agreements.--If the Commission makes a
regional industry determination under section 771(4)(C), the
administering authority shall offer exporters of the subject
merchandise who account for substantially all exports of that
merchandise for sale in the region concerned the opportunity to
enter into an agreement described in subsection (b) or (c).
``(2) Requirements for suspension agreements.--Any agreement
described in paragraph (1) shall be subject to all the requirements
imposed under this section for other agreements under subsection
(b) or (c), except that if the Commission makes a regional industry
determination described in paragraph (1) in the final affirmative
determination under section 705(b) but not in the preliminary
affirmative determination under section 703(a), any agreement
described in paragraph (1) may be accepted within 60 days after the
countervailing duty order is published under section 706.
``(3) Effect of suspension agreement on countervailing duty
order.--If an agreement described in paragraph (1) is accepted
after the countervailing duty order is published, the administering
authority shall rescind the order, refund any cash deposit and
release any bond or other security deposited under section
703(d)(1)(B), and instruct the Customs Service that entries of the
subject merchandise that were made during the period that the order
was in effect shall be liquidated without regard to countervailing
duties.''.
(2) Antidumping investigations.--Section 734 (19 U.S.C. 1673c)
is amended by adding at the end the following new subsection:
``(m) Special Rule for Regional Industry Investigations.--
``(1) Suspension agreements.--If the Commission makes a
regional industry determination under section 771(4)(C), the
administering authority shall offer exporters of the subject
merchandise who account for substantially all exports of that
merchandise for sale in the region concerned the opportunity to
enter into an agreement described in subsection (b), (c), or (l).
``(2) Requirements for suspension agreements.--Any agreement
described in paragraph (1) shall be subject to all the requirements
imposed under this section for other agreements under subsection
(b), (c), or (l), except that if the Commission makes a regional
industry determination described in paragraph (1) in the final
affirmative determination under section 735(b) but not in the
preliminary affirmative determination under section 733(a), any
agreement described in paragraph (1) may be accepted within 60 days
after the antidumping order is published under section 736.
``(3) Effect of suspension agreement on antidumping duty
order.--If an agreement described in paragraph (1) is accepted
after the antidumping duty order is published, the administering
authority shall rescind the order, refund any cash deposit and
release any bond or other security deposited under section
733(d)(1)(B), and instruct the Customs Service that entries of the
subject merchandise that were made during the period that the order
was in effect shall be liquidated without regard to antidumping
duties.''.
(b) Applicability of Orders to New Shippers.--
(1) Countervailing duty cases.--Section 706 (19 U.S.C. 1671e)
is amended by adding at the end the following new subsection:
``(c) Special Rule for Regional Industries.--
``(1) In general.--In an investigation under this subtitle in
which the Commission makes a regional industry determination under
section 771(4)(C), the administering authority shall, to the
maximum extent possible, direct that duties be assessed only on the
subject merchandise of the specific exporters or producers that
exported the subject merchandise for sale in the region concerned
during the period of investigation.
``(2) Exception for new exporters and producers.--After
publication of the countervailing duty order, if the administering
authority finds that a new exporter or producer is exporting the
subject merchandise for sale in the region concerned, the
administering authority shall direct that duties be assessed on the
subject merchandise of the new exporter or producer consistent with
the provisions of section 751(a)(2)(B).''.
(2) Antidumping duty cases.--Section 736 (19 U.S.C. 1673e) is
amended by adding at the end the following new subsection:
``(d) Special Rule for Regional Industries.--
``(1) In general.--In an investigation in which the Commission
makes a regional industry determination under section 771(4)(C),
the administering authority shall, to the maximum extent possible,
direct that duties be assessed only on the subject merchandise of
the specific exporters or producers that exported the subject
merchandise for sale in the region concerned during the period of
investigation.
``(2) Exception for new exporters and producers.--After
publication of the antidumping duty order, if the administering
authority finds that a new exporter or producer is exporting the
subject merchandise for sale in the region concerned, the
administering authority shall direct that duties be assessed on the
subject merchandise of the new exporter or producer consistent with
the provisions of section 751(a)(2)(B).''.

7ddae9ede2b0b58d4357751596429aeeed8ad5eef3bb84a2abfaa92014f08c3b

(a) Preliminary Determination.--
(1) In general.--Section 733(d) (19 U.S.C. 1673b(d)) is
amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (1), as amended by section
215(b)(1)(A), as paragraph (2);
(C) by inserting ``and'' at the end of paragraph (2), as so
redesignated; and
(D) by inserting before such paragraph (2) the following
new paragraph:
``(1)(A) shall--
``(i) determine an estimated weighted average dumping
margin for each exporter and producer individually
investigated, and
``(ii) determine, in accordance with section 735(c)(5), an
estimated all-others rate for all exporters and producers not
individually investigated, and
``(B) shall order the posting of a cash deposit, bond, or other
security, as the administering authority deems appropriate, for
each entry of the subject merchandise in an amount based on the
estimated weighted average dumping margin or the estimated all-
others rate, whichever is applicable,''.
(2) Conforming amendments.--Section 733(b)(1)(A) (19 U.S.C.
1673b(b)(1)(A)) is amended by striking the last sentence.
(b) Final Determination.--
(1) In general.--Section 735(c)(1) (19 U.S.C. 1673d(c)(1)) is
amended--
(A) in subparagraph (B)--
(i) by redesignating such subparagraph as subparagraph
(C); and
(ii) by striking ``under paragraphs (1) and (2)'' and
all that follows through ``security'' and inserting ``the
suspension of liquidation under section 733(d)(2)'';
(B) by striking ``and'' at the end of subparagraph (A); and
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) the administering authority shall--
``(I) determine the estimated weighted average dumping
margin for each exporter and producer individually
investigated, and
``(II) determine, in accordance with paragraph (5), the
estimated all-others rate for all exporters and producers
not individually investigated, and
``(ii) the administering authority shall order the posting
of a cash deposit, bond, or other security, as the
administering authority deems appropriate, for each entry of
the subject merchandise in an amount based on the estimated
weighted average dumping margin or the estimated all-others
rate, whichever is applicable, and''.
(2) Method for determining weighted average dumping margin.--
Section 735(c) (19 U.S.C. 1673d(c)) is amended by adding at the end
the following new paragraph:
``(5) Method for determining estimated all-others rate.--
``(A) General rule.--For purposes of this subsection and
section 733(d), the estimated all-others rate shall be an
amount equal to the weighted average of the estimated weighted
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776.
``(B) Exception.--If the estimated weighted average dumping
margins established for all exporters and producers
individually investigated are zero or de minimis margins, or
are determined entirely under section 776, the administering
authority may use any reasonable method to establish the
estimated all-others rate for exporters and producers not
individually investigated, including averaging the estimated
weighted average dumping margins determined for the exporters
and producers individually investigated.''.
(c) Technical and Conforming Amendments.--
(1) Section 733(e)(2) is amended by striking ``subsection
(d)(1)'' and inserting ``subsection (d)(2)''.
(2) Section 734(f)(2)(A) is amended--
(A) in clause (i), by striking ``section 733(d)(1)'' and
inserting ``section 733(d)(2)''; and
(B) in clause (iii), by striking ``section 733(d)(2)'' and
inserting ``section 733(d)(1)(B)''.
(3) Section 734(f)(2)(B) is amended--
(A) by striking ``section 733(d)(1)'' and inserting
``section 733(d)(2)''; and
(B) by striking ``section 733(d)(2)'' and inserting
``section 733(d)(1)(B)''.
(4) Section 734(h)(3) is amended--
(A) in subparagraph (A), by striking ``section 733(d)(1)''
and inserting ``section 733(d)(2)''; and
(B) in subparagraph (B), by striking ``section 733(d)(2)''
and inserting ``section 733(d)(1)(B)''.
(5) Section 734(i)(1)(A) is amended by striking ``section
733(d)(1)'' and inserting ``section 733(d)(2)''.
(6) Section 735(c)(2)(A) is amended by striking ``section
703(d)(1)'' and inserting ``section 733(d)(2)''.
(7) Section 735(c)(2)(B) is amended by striking ``section
733(d)(2)'' and inserting ``section 733(d)(1)(B)''.
(8) Section 735(c)(3)(B) is amended by striking ``section
733(d)(2)'' and inserting ``section 733(d)(1)(B)''.
(9) Section 736(b)(1) is amended by striking ``section
733(d)(1)'' each place it appears and inserting ``section
733(d)(2)''.
(10) Section 737(a) is amended by striking ``section
733(d)(2)'' each place it appears in the heading and in the text
and inserting ``section 733(d)(1)(B)''.

c7669a233fbaee8b6b936d88a61358014422a041a873edf0c732988d4cbe2863

7de29b33b3d84b1c247b3c443a97571a2d3eabfd4eec279afd35410c54049f38

Uruguay Round Agreements Act

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