[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 708 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 708
To amend United States trade laws to address more effectively import
crises, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2007
Mr. English of Pennsylvania introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend United States trade laws to address more effectively import
crises, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Law Reform
Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930
Sec. 101. Captive production.
Sec. 102. Price.
Sec. 103. Vulnerability of industry; cumulation.
Sec. 104. Causal relationship between imports and injury.
Sec. 105. Prevention of circumvention.
Sec. 106. Perishable agricultural products.
Sec. 107. Export price and constructed export price.
Sec. 108. Drawback adjustment in antidumping cases.
Sec. 109. Expedited remedy where persistent dumping is present.
Sec. 110. Countervailable subsidy.
Sec. 111. Valuing freight for inputs in nonmarket economy country
antidumping calculations.
Sec. 112. Revocation of nonmarket economy country status.
Sec. 113. Application of countervailing duties to nonmarket economy
countries.
Sec. 114. Downstream dumping.
Sec. 115. Effective date.
TITLE II--SAFEGUARD AMENDMENTS
Sec. 201. Amendments to chapter 1 of title II of the Trade Act of 1974.
TITLE III--INTERNATIONAL TRADE NEGOTIATIONS
Sec. 301. Negotiating objectives regarding trade remedy laws.
Sec. 302. Consultations and assessments regarding trade Agreements.
Sec. 303. Effective date.
TITLE IV--CONGRESSIONAL ADVISORY COMMISSION ON WTO DISPUTE SETTLEMENT
Sec. 401. Short title.
Sec. 402. Congressional findings and purpose.
Sec. 403. Establishment of Commission.
Sec. 404. Duties of the Commission.
Sec. 405. Powers of the Commission.
Sec. 406. Report by United States Trade Representative.
Sec. 407. Definitions.
Sec. 408. Effective date.
TITLE V--STEEL IMPORT LICENSING AND MONITORING
Sec. 501. Maintenance and expansion of steel import licensing and
monitoring program.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Construction.
Sec. 602. Application to goods from Canada and Mexico.
Sec. 603. Participation in WTO panel proceedings.
TITLE I--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930
SEC. 101. CAPTIVE PRODUCTION.
Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C.
1677(7)(C)(iv)) is amended to read as follows:
``(iv) Captive production.--If domestic
producers transfer internally, including to
affiliated persons as defined in paragraph
(33), significant production of the domestic
like product for the production of a downstream
article and sell significant production of the
domestic like product in the merchant market,
then the Commission, in determining market
share and the factors affecting financial
performance set forth in clause (iii), shall
focus primarily on the merchant market for the
domestic like product.''.
SEC. 102. PRICE.
Section 771(7)(C)(ii) of the Tariff Act of 1930 (19 U.S.C.
1677(7)(C)(ii)) is amended by adding at the end the following flush
sentence:
``The Commission shall not conclude that
imports of the subject merchandise do not have
a significant effect on prices merely because
of the volume of imports of the subject
merchandise.''.
SEC. 103. VULNERABILITY OF INDUSTRY; CUMULATION.
(a) Vulnerability.--Section 771(7)(C)(iii) of the Tariff Act of
1930 (19 U.S.C. 1677(7)(C)(iii)) is amended in the last sentence by
striking the period at the end and inserting ``, including whether the
industry is vulnerable to the effects of imports of the subject
merchandise.''.
(b) Cumulation.--Section 771(7)(G)(i) of the Tariff Act of 1930 (19
U.S.C. 1677(7)(G)(i)) is amended to read as follows:
``(i) In General.--For purposes of clauses
(i) and (ii) of subparagraph (C), and subject
to clause (ii), the Commission shall
cumulatively assess the volume and effect of
imports of the subject merchandise from all
countries subject to petitions filed under
section 702(b) or 732(b), or subject to
investigations initiated under 702(a) or
732(a), if such petitions were filed, or such
investigations were initiated, within 90 days
before the date on which the Commission is
required to make its final injury
determination, and if such imports compete with
each other and with the domestic like product
in the United States market.''.
SEC. 104. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND INJURY.
Section 771(7)(E)(ii) of the Tariff Act of 1930 (19 U.S.C.
1677(7)(E)(ii)) is amended by adding at the end the following: ``The
Commission need not determine the significance of imports of the
subject merchandise relative to other economic factors.''.
SEC. 105. PREVENTION OF CIRCUMVENTION.
Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 1677j(c)) is
amended by adding at the end the following new paragraph:
``(3) Special rule.--The administering authority shall
apply paragraph (1) with respect to altered merchandise
excluded from the merchandise description used in an
outstanding order or finding, if such application is not
inconsistent with the affirmative determination of the
Commission on which the order or finding is based.''.
SEC. 106. PERISHABLE AGRICULTURAL PRODUCTS.
(a) Definition of Industries.--Section 771(4)(A) of the Tariff Act
of 1930 (19 U.S.C. 1677(4)(A)) is amended by adding at the end the
following: ``If the Commission determines that an agricultural product
has a short shelf life and is a perishable product, the Commission
shall treat the producers of the product in a defined period or season
as the domestic industry. If the subheading under the Harmonized Tariff
Schedules of the United States for an agricultural product has a 6- or
8-digit classification based on the period of time during the calendar
year in which the product is harvested or imported, such periods of
time constitute a defined period or season for purposes of this
paragraph.''.
(b) Determination of Injury.--Section 771(7)(D) of the Tariff Act
of 1930 (19 U.S.C. 1677(7)(D)) is amended by adding at the end the
following new clauses:
``(iii) In the case of an agricultural
industry involving a perishable product with a
short shelf life, if a request for seasonal
evaluation has been made by the petitioners,
the Commission shall consider the factors in
subparagraph (C) on a seasonal basis during the
period identified as relevant.
``(iv) In the case of agricultural
products, partially picked or unpicked crops
and abandoned acreage may be considered in lieu
of other measures of capacity and capacity
utilization.
``(v) The impact of other factors, such as
weather, on agricultural production and
producers shall not be weighed against the
contribution of the imported subject
merchandise to the condition of the domestic
industry.''.
SEC. 107. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.
Section 772(c)(2)(A) of the Tariff Act of 1930 (19 U.S.C.
1677a(c)(2)(A)) is amended by inserting after ``duties'' the following:
``(including any antidumping duties, any countervailing duties, and
those temporary duties that are proclaimed to provide import relief)''.
SEC. 108. DRAWBACK ADJUSTMENT IN ANTIDUMPING CASES.
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
1677a(c)(1)(B)) is amended by inserting after ``United States,'' the
following: ``but only to the extent necessary to offset import duties
that have been paid on inputs used in the production of subject
merchandise sold in the home market,''.
SEC. 109. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT.
Section 732(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2))
is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Initiation of expedited investigation.--An
expedited antidumping duty investigation shall be
initiated with respect to a particular class or kind of
merchandise that is subject to an existing antidumping
order within 20 days of the request of an interested
party described in subparagraph (C), (D), (E), (F), or
(G) of section 771(9), if the administering authority
determines, from information available to it, that
imports of such class or kind of merchandise have
increased materially from an additional supplier
country, as defined in subparagraph (C), during a
period of 90 days or during a longer period as
determined by the administering authority to be
appropriate. The request shall allege and present
supporting information that such imports are occurring.
The administering authority, in making a determination
under this subparagraph, shall consider the public
record of its investigation of imports of merchandise
subject to the existing antidumping order.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Increased materially.--The administering
authority shall consider imports of merchandise from an
additional supplier country to have increased
materially if such imports have increased by 15 percent
or more over the amount of such imports during a period
of comparable duration preceding initiation of the
antidumping investigation of imports of merchandise
subject to the existing antidumping order.''; and
(3) by striking subparagraph (D) and inserting the
following:
``(D) Procedures and injury determinations for
expedited investigations.--
``(i) The provisions of subsections (b)(3),
(c)(4), (d), and (e) of this section, section
733 (b), (d), and (e), section 734 (a), (b),
(c), (d), (e), (f), (i), (k), and (l), and
section 735 (a), (c), (d), and (e) shall apply
to expedited investigations under this
paragraph, except that the administering
authority shall issue a preliminary
determination within 90 days of receiving a
request for an investigation under subparagraph
(A).
``(ii) Not later than 45 days after the
date on which the request under subparagraph
(A) is received by the administering authority,
the Commission shall determine if there is a
reasonable indication of material injury or
threat of material injury as prescribed in
section 733(a)(1).
``(iii) If the Commission makes an
affirmative determination that there is a
reasonable indication of material injury and
the administering authority makes an
affirmative final determination, the Commission
shall make a final determination as prescribed
in section 735(b)(1) before the later of--
``(I) the 120th day after the day
on which the administering authority
makes its affirmative preliminary
determination under this subparagraph,
or
``(II) the 45th day after the day
on which the administering authority
makes its affirmative final
determination under section 735(a).
``(iv) The Commission shall make a
determination under this subparagraph from
reasonably available information (including
public information on the administrative record
of its investigation of imports of merchandise
subject to the existing antidumping order).
``(v) An affirmative final determination
shall not be made unless the Commission
determines pursuant to the factors described in
sections 735(b)(1) and 771(7) that an industry
in the United States is materially injured, or
threatened with material injury, by reason of
imports of the subject merchandise and that
imports of the subject merchandise are not
negligible.''.
SEC. 110. COUNTERVAILABLE SUBSIDY.
(a) Definition of Countervailable Subsidy.--Section 771(5)(E) of
the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)), as amended by this Act,
is further amended by adding at the end the following: ``If there is a
reasonable indication that a financial contribution by the provision of
goods or services has distorted prices for those goods or services in
the country that is subject to the investigation or review, or if data
regarding such prices are otherwise unavailable, then the administering
authority shall measure adequacy of remuneration by reference to data
regarding prices for the same or a similar good or service from outside
the country that is subject to the investigation or review. The
administering authority shall adjust such data to the extent
practicable to reflect prevailing market conditions in that country. If
there is a reasonable indication that prices within a political
subdivision, dependent territory, or possession of a foreign country
are distorted, or data are not available, then the administering
authority shall measure adequacy of remuneration in that political
subdivision, dependent territory, or possession by reference to data
from the most comparable area or region in which prices are not
distorted, regardless of whether it is in the same country.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any determination under section 705 or 751 of the Tariff Act
of 1930 (19 U.S.C. 1671d, 1675) that is made on or after January 1,
2002, including published determinations for which judicial or
binational panel review has been initiated or completed pursuant to
section 516A of that Act (19 U.S.C. 1516a). To the extent that the
amendment made by subsection (a) may be relevant to any such
determination that has already been made, the administering authority
shall amend the determination and associated countervailing duty order
to bring them into compliance with the amendment made by subsection
(a), and shall undertake new administrative proceedings, if necessary,
to do so.
SEC. 111. VALUING FREIGHT FOR INPUTS IN NONMARKET ECONOMY COUNTRY
ANTIDUMPING CALCULATIONS.
Section 773(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)(3))
is amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following:
``(E) transportation costs based upon the actual
freight distances required to transport material inputs
from the unaffiliated supplier or unaffiliated
suppliers, or from the first unaffiliated supplier
where the input is obtained from an affiliate, to the
producer or exporter of the foreign like product.''.
SEC. 112. REVOCATION OF NONMARKET ECONOMY COUNTRY STATUS.
(a) Amendment of Definition of ``Nonmarket Economy Country''.--
Section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C.
1877(18)(C)(i)) is amended by striking ``until revoked by the
administering authority'' and inserting ``until revoked by a resolution
enacted consistent with section 113 of the Trade Law Reform Act of
2007''.
(b) Notification by President.--Whenever the administering
authority makes a final determination under section 771(18)(C)(i) of
the Tariff Act of 1930 (19 U.S.C. 1877(18)(C)(i)) to revoke the
determination that a foreign country is a nonmarket economy country,
the President shall notify the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate of that
determination within 10 days after its publication in the Federal
Register.
(c) Rules of House of Representatives and Senate.--Subsections (c)
through (i) of this section are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
are deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of approval resolutions described in
subsection (d) of this section; and they supersede other rules
only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
(d) Definition.--For purposes of this section, the term ``approval
resolution'' means only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause of which is as follows:
``That the Congress approves the change of non-market economy status
with respect to the products of _____ transmitted by the President to
the Congress on _____.'', the first blank space being filled in with
the applicable country, and the second blank space being filled with
the appropriate date.
(e) Introduction.--When a notification submitted under subsection
(b) is transmitted to the House of Representatives and the Senate, an
approval resolution with respect to such agreement shall be introduced
(by request) in the House by the majority leader of the House, for
himself, or by Members of the House designated by the majority leader
of the House; and shall be introduced (by request) in the Senate by the
majority leader of the Senate, for himself, or by Members of the Senate
designated by the majority leader of the Senate.
(f) Amendments Prohibited.--No amendment to an approval resolution
shall be in order in either the House of Representatives or the Senate;
and no motion to suspend the application of this subsection shall be in
order in either House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the application of
this subsection by unanimous consent.
(g) Period for Committee and Floor Consideration.--
(1) In general.--Except as provided in paragraph (2), if
the committee or committees of either House to which an
approval resolution has been referred have not reported it at
the close of the 45th day after its introduction, such
committee or committees shall be automatically discharged from
further consideration of the bill or resolution and it shall be
placed on the appropriate calendar. A vote on final passage of
the bill or resolution shall be taken in each House on or
before the close of the 15th day after the bill or resolution
is reported by the committee or committees of that House to
which it was referred, or after such committee or committees
have been discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an approval
resolution of that House, that House receives the same approval
resolution from the other House, then--
(A) the procedure in that House shall be the same
as if no or approval resolution had been received from
the other House, but
(B) the vote on final passage shall be on the
approval resolution of the other House.
(2) Computation of days.--For purposes of paragraphs (1)
and (2), in computing a number of days in either House, there
shall be excluded any day on which that House is not in
session.
(h) Floor Consideration in the House.--
(1) Motion privileged.--A motion in the House of
Representatives to proceed to the consideration of an approval
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be
in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(2) Debate limited.--Debate in the House of Representatives
on an approval resolution shall be limited to not more than 20
hours, which shall be divided equally between those favoring
and those opposing the bill or resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit an approval resolution or to move to
reconsider the vote by which an approval resolution is agreed
to or disagreed to.
(3) Motions to postpone.--Motions to postpone, made in the
House of Representatives with respect to the consideration of
an approval resolution, and motions to proceed to the
consideration of other business, shall be decided without
debate.
(4) Appeals.--All appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to an approval
resolution shall be decided without debate.
(5) Other rules.--Except to the extent specifically
provided in the preceding provisions of this subsection,
consideration of an approval resolution shall be governed by
the Rules of the House of Representatives applicable to other
bills and resolutions in similar circumstances.
(i) Floor Consideration in the Senate.--
(1) Motion privileged.--A motion in the Senate to proceed
to the consideration of an approval resolution shall be
privileged and not debatable. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(2) Debate limited.--Debate in the Senate on an approval
resolution, and all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours. The time
shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(3) Control of debate.--Debate in the Senate on any
debatable motion or appeal in connection with an implementing
bill or approval resolution shall be limited to not more than 1
hour, to be equally divided between, and controlled by, the
mover and the manager of the bill or resolution, except that in
the event the manager of the bill or resolution is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of an or approval resolution, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
(4) Other motions.--A motion in the Senate to further limit
debate is not debatable. A motion to recommit an approval
resolution is not in order.
SEC. 113. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMY
COUNTRIES.
(a) In General.--Section 701(a)(1) of the Tariff Act of 1930 (19
U.S.C. 1671(a)(1)) is amended by inserting ``(including a nonmarket
economy country)'' after ``country'' each place it appears.
(b) Effective Date.--The amendments made by subsection (a) apply to
petitions filed under section 702 of the Tariff Act of 1930 on or after
the date of the enactment of this Act.
SEC. 114. DOWNSTREAM DUMPING.
(a) In General.--Subtitle D of title VII of the Tariff Act of 1930
(19 U.S.C. 1677 et seq.) is amended by inserting after section 771B the
following:
``SEC. 771C. DOWNSTREAM DUMPING.
``(a) Definitions.--As used in this section:
``(1) Downstream dumping.--The term `downstream dumping'
means the routine use of one or more depressed-price products
as a significant part, component, assembly, subassembly, or
material in the manufacture or production of merchandise.
``(2) Depressed-price product.--The term `depressed-price
product' means a product purchased at a price that is lower
than either or both of the following:
``(A) The generally available price of the product
in the country of manufacture or production.
``(B) The price that would be the generally
available price of the product in the country of
manufacture or production but for the depressing or
suppressing effect of subsidies or sales at below
foreign market value, or both, with respect to that
product.
``(3) Significant.--For purposes of this section, products
are a `significant' part, component, assembly, subassembly, or
material in the manufacture or production of merchandise if,
and only if, the cost, in the aggregate, of those products
represents 20 percent or more of the total cost of the
merchandise.
``(4) Presumption.--If an antidumping duty is imposed on
merchandise under section 731, the administering agency shall
presume for purposes of this section that the products used in
the manufacture or production of such merchandise are
depressed-price products.
``(b) Inclusion of Amount Attributable to Downstream Dumping.--If
the administering authority determines that downstream dumping of a
product is occurring or has occurred with respect to merchandise, the
antidumping duty imposed on such merchandise shall, for each such
product, be increased by an amount equal to the amount by which the
price at which the product was purchased exceeds the price specified in
subsection (a)(2)(A) or the price specified in subsection (a)(2)(B),
whichever is higher.
``(c) Scope of Inquiry of Administering Authority.--The
administering authority is not required, in undertaking an
investigation under subtitle B, to consider whether downstream dumping
of a product is occurring or has occurred with respect to merchandise,
beyond that state in the manufacture or production of the merchandise
that immediately precedes the final manufacturing or production state
before export to the United States, unless information reasonably
available to the administering authority indicates that such dumping is
occurring or has occurred before such immediately preceding stage and
is having or has had a significant effect on the price of the
merchandise.''.
(b) Imposition of Antidumping Duties.--Section 731(2) of the Tariff
Act of 1930 (19 U.S.C. 1673(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A)(ii);
(2) by inserting ``or'' at the end of subparagraph (B); and
(3) by inserting after subparagraph (B) the following:
``(C) an industry producing a product used in the
manufacture or production of the foreign merchandise
has been materially injured or threatened with material
injury, or the establishment of such an industry in the
United States has been materially retarded,''.
(c) Definition of Interested Party.--Subparagraphs (C), (D), (E),
and (F) of section 771(9) of the Tariff Act of 1930 (19 U.S.C. 1677(9))
are each amended by inserting after ``product'' the following: ``or a
product that is used in the manufacture or production of a like
product''.
(d) Conforming Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting after the item relating
to section 771B the following:
``Sec. 771C. Downstream dumping.''.
SEC. 115. EFFECTIVE DATE.
Except as otherwise specifically provided by this title, the
amendments made by this title shall apply with respect to
determinations made under title VII of the Tariff Act of 1930 that--
(1) are made with respect to investigations initiated or
petitions filed on or after the date of the enactment of this
Act; or
(2) have not become final as of such date of enactment.
TITLE II--SAFEGUARD AMENDMENTS
SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF 1974.
(a) Test for Positive Adjustments to Import Competition.--Section
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by
striking ``be a substantial cause of serious injury, or the threat
thereof,'' and inserting ``cause or threaten to cause serious injury''.
(b) Investigations and Determinations.--Section 202 of such Act (19
U.S.C. 2252) is amended--
(1) in subsection (b)(1)(A), by striking ``be a substantial
cause of serious injury, or the threat thereof,'' and inserting
``cause or threaten to cause serious injury'';
(2) by amending subsection (b)(1)(B) to read as follows:
``(B) For purposes of this section, the term `cause' refers
to a cause that contributes significantly to serious injury, or
the threat thereof, to the domestic industry but need not be
equal to or greater than any other cause.'';
(3) in subsection (c)--
(A) by amending paragraph (1)(A) to read as
follows:
``(A) with respect to serious injury--
``(i) change in the level of sales,
production, productivity, capacity utilization,
profits and losses, and employment;
``(ii) the significant idling of productive
facilities in the domestic industry;
``(iii) the inability of a significant
number of firms to carry out domestic
production operations at a reasonable level of
profit; and
``(iv) significant unemployment or
underemployment within the domestic
industry;'';
(B) in paragraph (1)(B)--
(i) in clause (iii) by striking ``; and''
and inserting ``, and''; and
(ii) by inserting after clause (iii) the
following:
``(iv) foreign production capacity, foreign
inventories, the level of demand in third
country markets, and the availability of other
export markets to absorb any additional
exports; and'';
(C) by amending paragraph (1)(C) to read as
follows:
``(C) with respect to cause--
``(i) the rate, amount, and timing of the
increase in imports of the product concerned in
absolute and relative terms, including whether
there has been a substantial increase in
imports over a short period of time; and
``(ii) the share of the domestic market
taken by increased imports.'';
(D) by redesignating paragraphs (3) through (6) as
paragraphs (5) through (8), respectively;
(E) by striking paragraph (2) and inserting the
following:
``(2) In making determinations under paragraph (1)(A) and
(B), if domestic producers internally transfer, including to
affiliated persons as defined in section 771(33) of the Tariff
Act of 1930, significant production of the article like or
directly competitive with the imported article for the
production of a downstream article and sell significant
production of the article like or directly competitive with the
imported article in the merchant market, then the Commission,
in determining market share and the factors affecting financial
performance set forth in paragraph (1)(A) and (B), shall focus
primarily on the merchant market for the article like or
directly competitive with the imported article.
``(3) In making determinations under subsection (b), the
Commission shall--
``(A) consider the condition of the domestic
industry over the course of the relevant business
cycle, but may not aggregate the causes of declining
demand associated with a recession or economic downturn
in the United States economy into a single cause of
serious injury or threat of injury; and
``(B) examine factors other than imports which may
cause or threaten to cause serious injury to the
domestic industry.
The Commission shall include the results of its examination
under subparagraph (B) in the report submitted by the
Commission to the President under subsection (e).
``(4) In making determinations under subsection (b), the
Commission shall consider whether any change in the volume of
imports that has occurred since a petition under subsection (a)
was filed or a request under subsection (b) was made is related
to the pendency of the investigation, and if so, the Commission
may reduce the weight accorded to the data for the period after
the petition under subsection (a) was filed or the request
under subsection (b) was made in making its determination of
serious injury, or the threat thereof.''; and
(F) in paragraph (5), as so redesignated--
(i) by striking ``and (B)'' and inserting
``, (B), and (C)''; and
(ii) by striking ``be a substantial cause
of serious injury, or the threat thereof,'' and
inserting ``cause or threaten to cause serious
injury'';
(4) in subsection (d)--
(A) in paragraph (1)(A)(ii), by striking ``be, or
likely to be a substantial cause of serious injury, or
the threat thereof,'' and inserting ``cause, or be
likely to cause, or threaten to cause, or be likely to
threaten to cause, serious injury'';
(B) in paragraph (1)(C), in the matter following
clause (ii), by striking ``a substantial cause of
serious injury, or the threat thereof,'' and inserting
``causing or threatening to cause serious injury'';
(C) by amending paragraph (2)(A) to read as
follows:
``(2)(A) When a petition filed under subsection (a) or a
request filed under subsection (b) alleges that critical
circumstances exist and requests that provisional relief be
provided under this subsection with respect to imports of the
article identified in the petition or request, the Commission
shall, not later than 45 days after the petition or request is
filed, determine, on the basis of available information,
whether--
``(i) there is clear evidence that increased
imports (either actual or relative to domestic
production) of the article are causing or threatening
to cause serious injury to the domestic industry
producing an article like or directly competitive with
the imported article; and
``(ii) delay in taking action under this chapter
would cause damage to that industry that would be
difficult to repair.
``In making the evaluation under clause (ii), the
Commission should consider, among other factors that it
considers relevant, the timing and volume of the imports,
including whether there has been a substantial increase in
imports over a short period of time, and any other
circumstances indicating that delay in taking action under this
chapter would cause damage to the industry that would be
difficult to repair.''; and
(D) in paragraph (2)(D), by striking ``30'' and
inserting ``20''.
(c) Presidential Determinations.--
(1) Action by president.--Section 203(a) of the Trade Act
of 1974 (19 U.S.C. 2253(a)) is amended--
(A) in paragraph (1)(A), by striking ``and provide
greater economic and social benefits than costs'' and
inserting ``and will not have an adverse impact on the
United States clearly greater than the benefits of such
action'';
(B) in paragraph (2)(F), by striking
``compensation;'' at the end of clause (iii) and
inserting the following: ``compensation, except that
the President shall give substantially greater weight
to the factors set out in clause (i) than to those set
out in clauses (ii) and (iii);''; and
(C) by amending paragraph (2)(I) to read as
follows:
``(I) the potential for harm to the national
security of the United States; and''.
(2) Implementation of action recommended by commission.--
(A) Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c))
is amended by striking ``90'' and inserting ``60''.
(B) Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C.
2192(c)(1)) is amended by striking ``not counting any day which
is excluded under section 154(b),'' and inserting ``counting
all calendar days in the case of a resolution described in
subsection (a)(1)(A), and not counting any day which is
excluded under section 154(b) in the case of a resolution
described in subsection (a)(1)(B),''.
(d) Conforming Amendments.--
(1) Section 203(e)(6)(B) of the Trade Act of 1974 (19
U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''.
(2) Section 264(c) of the Trade Act of 1974 (19 U.S.C.
2354(c)) is amended by striking ``a substantial cause of
serious injury or threat thereof'' and inserting ``causing or
threatening to cause serious injury''.
(3) Section 154(b) of the Trade Act of 1974 (19 U.S.C.
2194(b)) is amended by striking the matter that precedes
paragraph (1) and inserting the following:
``(b) The 60-day period referred to in section 203(c) and the 90-
day period referred to in section 407(c)(2) shall be computed by
excluding--''.
TITLE III--INTERNATIONAL TRADE NEGOTIATIONS
SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE REMEDY LAWS.
Section 2102(b)(14) of the Trade Act of 2002 (19 U.S.C. 3801(b)) is
amended by adding at the end the following flush sentence:
``In order to carry out subparagraph (A), the United States
Trade Representative should refuse to agree to any proposal,
whether in the context of a trade agreement entered into under
the auspices of the World Trade Organization, or a free trade
agreement with another country or group of countries, that
would, either individually or in combination with other
proposals, weaken existing United States trade remedy laws
contained in title VII of the Tariff Act of 1930 or chapter 1
of title II of the Trade Act of 1974, including any proposal
that would make obtaining relief under these provisions more
difficult, uncertain, or costly for domestic industries to
achieve or maintain over time.''.
SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING TRADE AGREEMENTS.
Section 2104(d)(3)(A) of the Trade Act of 2002 (19 U.S.C.
3804(d)(3)(A)) is amended--
(1) in clause (i), by striking ``and'' after the semicolon;
(2) in clause (ii), by striking the period and inserting a
semicolon; and
(3) by adding after clause (ii) the following:
``(iii) with respect to each specific
proposal that could require amendments to title
VII of the Tariff Act of 1930 or chapter 1 of
title II of the Trade Act of 1974, whether and
to what extent the proposal would, either
individually or in combination with other
proposals, make obtaining relief under these
provisions more difficult, uncertain, or costly
for domestic industries to achieve or maintain
over time; and
``(iv) for each specific proposal that the
President reports would not (whether
individually or in combination with other
proposals) make obtaining relief under title
VII of the Tariff Act of 1930 or chapter 1 of
title II of the Trade Act of 1974 more
difficult, uncertain, or costly for domestic
industries to achieve or maintain over time, a
detailed explanation providing the basis for
this conclusion.''.
SEC. 303. EFFECTIVE DATE.
The amendments made by this title take effect on the date of the
enactment of this Act.
TITLE IV--CONGRESSIONAL ADVISORY COMMISSION ON WTO DISPUTE SETTLEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Congressional Advisory Commission
on WTO Dispute Settlement Act''.
SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The United States joined the World Trade Organization
as an original member with the goal of creating an improved
global trading system and providing expanded economic
opportunities for United States firms and workers.
(2) The dispute settlement rules of the WTO were created to
enhance the likelihood that governments will observe their WTO
obligations.
(3) These dispute settlement rules help ensure that the
United States can reap the full benefits of its participation
in the WTO.
(4) Successful operation of the WTO dispute settlement
system was critical to congressional approval of the Uruguay
Round Agreements and is critical to continued support by the
United States for the WTO. In particular, it is imperative that
dispute settlement panels and the Appellate Body--
(A) operate with fairness and in an impartial
manner;
(B) strictly observe the terms of reference and any
applicable standard of review set forth in the Uruguay
Round Agreements; and
(C) not add to the obligations, or diminish the
rights, of WTO members under the Uruguay Round
Agreements in violation of Articles 3.2 and 19.2 of the
Dispute Settlement Understanding.
(5) An increasing number of reports by dispute settlement
panels and the Appellate Body have raised serious concerns
within the Congress about the ability of the WTO dispute
settlement system to operate in accordance with paragraph (4).
(6) In particular, several reports of dispute settlement
panels and the Appellate Body have added to the obligations and
diminished the rights of WTO members, particularly under the
Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994, the Agreement on Subsidies
and Countervailing Measures, and the Agreement on Safeguards.
(7) In order to come into compliance with reports of
dispute settlement panels and the Appellate Body that have been
adopted by the Dispute Settlement Body, the Congress may need
to amend or repeal statutes of the United States. In such
cases, the Congress must have a high degree of confidence that
the reports are in accordance with paragraph (4).
(8) The Congress needs impartial, objective, and juridical
advice to determine the appropriate response to reports of
dispute settlement panels and the Appellate Body.
(9) The United States remains committed to the
multilateral, rules-based trading system.
(b) Purpose.--It is the purpose of this title to provide for the
establishment of the Congressional Advisory Commission on WTO Dispute
Settlement to provide objective and impartial advice to the Congress on
the operation of the dispute settlement system of the World Trade
Organization.
SEC. 403. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Congressional Advisory Commission on WTO Dispute Settlement (in
this title referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 5
members, all of whom shall be judges or former judges of the
Federal judicial circuits and shall be appointed by the Speaker
of the House of Representatives and the President pro tempore
of the Senate after considering the recommendations of the
Chairman and ranking member of the Committee on Finance of the
Senate and the Chairman and ranking member of the Committee on
Ways and Means of the House of Representatives. Commissioners
shall be chosen without regard to political affiliation and
solely on the basis of each Commissioner's fitness to perform
the duties of a Commissioner.
(2) Date.--The appointments of the initial members of the
Commission shall be made not later than 90 days after the date
of the enactment of this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--Members of the Commission shall each be
appointed for a term of 5 years, except that of the members
first appointed, 3 members shall be appointed for terms of 3
years.
(2) Vacancies.--
(A) In general.--Any vacancy on the Commission
shall not affect its powers, but shall be filled in the
same manner as the original appointment was made and
shall be subject to the same conditions as the original
appointment.
(B) Unexpired term.--An individual chosen to fill a
vacancy shall be appointed for the unexpired term of
the member replaced.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
(h) Funding.--Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
SEC. 404. DUTIES OF THE COMMISSION.
(a) Advising Congress on the Operation of the WTO Dispute
Settlement System.--
(1) In general.--The Commission shall review--
(A) all adverse reports of dispute settlement
panels and the Appellate Body which are--
(i) adopted by the Dispute Settlement Body;
and
(ii) the result of a proceeding initiated
against the United States by a WTO member; and
(B) upon the request of the Committee on Ways and
Means of the House of Representatives or the Committee
on Finance of the Senate--
(i) any adverse report of a dispute
settlement panel or the Appellate Body--
(I) which is adopted by the Dispute
Settlement Body; and
(II) in which the United States is
a complaining party; or
(ii) any other finding which is contained
in a report of a dispute settlement panel or
the Appellate Body that is adopted by the
Dispute Settlement Body.
(2) Scope of review.--The Commission shall advise the
Congress in connection with each adverse finding or other
finding under paragraph (1) (B) only whether--
(A) the dispute settlement panel or the Appellate
Body, as the case may be--
(i) exceeded its authority or its terms of
reference;
(ii) added to the obligations, or
diminished the rights, of the United States
under the Uruguay Round Agreement which is the
subject of the finding;
(iii) acted arbitrarily or capriciously,
engaged in misconduct, or demonstrably departed
from the procedures specified for panels and
the Appellate Body in the applicable Uruguay
Round Agreement; and
(iv) deviated from the applicable standard
of review, including in antidumping,
countervailing duty, and other unfair trade
remedy cases, the standard of review set forth
in Article 17.6 of the Agreement on
Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994; and
(B) the finding is consistent with the original
understanding by the United States of the Uruguay Round
Agreement that is the subject of the finding as
explained in the statement of administrative action
approved under section 101(a) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(a)).
(3) No deference.--Applying the standards set forth in
paragraph (2) does not require deference to findings of law
made by the dispute settlement panel or the Appellate Body, as
the case may be.
(b) Determination; Report.--
(1) Determination.--
(A) In general.--Not later than 150 days after the
date on which the Commission receives notice of a
report or request under section 405(b), the Commission
shall make a written determination with respect to the
matters described in paragraph (2) of subsection (a),
including a full analysis of the basis for its
determination. A vote by a majority of the members of
the Commission shall constitute a determination of the
Commission, although the members need not agree on the
basis for their vote.
(B) Dissenting or concurring opinions.--Any member
of the Commission who disagrees with a determination of
the Commission or who concurs in such a determination
on a basis different from that of the Commission or
other members of the Commission, may write an opinion
expressing such disagreement or concurrence, as the
case may be.
(2) Report.--The Commission shall promptly report the
determinations described in paragraph (1)(A) to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate. The Commission shall
include with the report any opinions written under paragraph
(1)(B) with respect to the determination.
(c) Availability to the Public.--Each report of the Commission
under subsection (b)(2), together with the opinions included with the
report, shall be made available to the public.
SEC. 405. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold a public hearing to solicit
views concerning a report of a dispute settlement panel or the
Appellate Body described in section 404(a)(1), if the Commission
considers such hearing to be necessary to carry out the purpose of this
title. The Commission shall provide reasonable notice of a hearing held
pursuant to this subsection.
(b) Information From Interested Parties and Federal Agencies.--
(1) Notice to commission.--
(A) Under section 404(a)(1)(A).--The Trade
Representative shall advise the Commission not later
than 5 business days after the date the Dispute
Settlement Body adopts a report of a panel or the
Appellate Body that is to be reviewed by the Commission
under section 404(a)(1)(A).
(B) Under section 404(a)(1)(B).--The Committee on
Ways and Means or the Committee on Finance, as the case
may be, may make and notify the Commission of a request
under section 404(a)(1)(B) not later than 1 year after
the Dispute Settlement Body adopts the report that is
the subject of the request.
(C) Reports adopted prior to appointment of
commission.--With respect to any report to which
section 404(a)(1)(B) applies and that is adopted before
the date on which the first members of the Commission
are appointed under section 403(b)(2), the Committee on
Ways and Means or the Committee on Finance, as the case
may be, may make and notify the Commission of a request
under section 404(a)(1)(B) with respect to that report
not later than 1 year after the date on which the first
members of the Commission are appointed under section
403(b)(2).
(2) Submissions and requests for information.--
(A) In general.--The Commission shall promptly
publish in the Federal Register notice of the notice
received under paragraph (1) from the Trade
Representative, the Committee on Ways and Means, or the
Committee on Finance, as the case may be, along with
notice of an opportunity for interested parties to
submit written comments to the Commission. The
Commission shall make comments submitted pursuant to
the preceding sentence available to the public.
(B) Information from federal agencies and
departments.--The Commission may also secure directly
from any Federal department or agency such information
as the Commission considers necessary to carry out the
provisions of this title. Upon the request of the
chairperson of the Commission, the head of such
department or agency shall furnish the information
requested to the Commission in a timely manner.
(3) Access to panel and appellate body documents.--
(A) In general.--The Trade Representative shall
make available to the Commission all submissions and
relevant documents relating to a report of a panel or
the Appellate Body described in section 404(a)(1),
including any information contained in such submissions
identified by the provider of the information as
proprietary information or information designated as
confidential by a foreign government.
(B) Public access.--Any document which the Trade
Representative submits to the Commission shall be
available to the public, except information which is
identified as proprietary or confidential or the
disclosure of which would otherwise violate the rules
of the WTO.
(c) Assistance From Federal Agencies; Confidentiality.--
(1) Administrative assistance.--Any agency or department of
the United States that is designated by the President shall
provide administrative services, funds, facilities, staff, or
other support services to the Commission to assist the
Commission with the performance of the Commission's functions.
(2) Confidentiality.--The Commission shall protect from
disclosure any document or information submitted to it by a
department or agency of the United States which the agency or
department requests be kept confidential. The Commission shall
not be considered to be an agency for purposes of section 552
of title 5, United States Code.
SEC. 406. REPORT BY UNITED STATES TRADE REPRESENTATIVE.
(a) In General.--Not later than 90 days after the third instance in
which the Commission, under section 402(a)(2), advises Congress in the
affirmative with respect to one or more actions specified in section
402(a)(2)(A), the United States Trade Representative shall submit to
the congressional committees specified in subsection (c) a report
detailing a course of action for reforming the WTO dispute settlement
process so as to ensure that dispute settlement panels and the
Appellate Body do not take actions specified in section 402(a)(2)(A).
(b) Follow-up Reports.--Once the United States Trade Representative
submits to the congressional committees a report under subsection (a),
the United States Trade Representative shall thereafter submit to those
committees, not less frequently than once every six months, a report
detailing the progress made with respect to reforming the WTO dispute
settlement process (as described in subsection (a)).
(c) Specified Committees.--The committees referred to in subsection
(a) are the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate.
SEC. 407. DEFINITIONS.
In this title:
(1) Adverse finding.--The term ``adverse finding'' means--
(A) in a proceeding of a panel or the Appellate
Body that is initiated against the United States, a
finding by the panel or the Appellate Body that any law
or regulation of, or application thereof by, the United
States, or any State, is inconsistent with the
obligations of the United States under a Uruguay Round
Agreement (or nullifies or impairs benefits accruing to
a WTO member under such an Agreement); or
(B) in a proceeding of a panel or the Appellate
Body in which the United States is a complaining party,
any finding by the panel or the Appellate Body that a
measure of the party complained against is not
inconsistent with that party's obligations under a
Uruguay Round Agreement (or does not nullify or impair
benefits accruing to the United States under such an
Agreement).
(2) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established by the Dispute Settlement Body
pursuant to Article 17.1 of the Dispute Settlement
Understanding.
(3) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body established pursuant
to the Dispute Settlement Understanding.
(4) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(5) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(16)).
(6) Terms of reference.--The term ``terms of reference''
has the meaning given such term in the Dispute Settlement
Understanding.
(7) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(8) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the Agreements described in section
101(d) of the Uruguay Round Agreements Act.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien admitted
for permanent residence into the United States; and
(B) a corporation, partnership, or other legal
entity organized under the laws of the United States or
of any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States.
(10) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(11) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
(12) WTO member.--The term ``WTO member'' has the meaning
given that term in section 2(10) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(10)).
SEC. 408. EFFECTIVE DATE.
This title shall take effect on the date of the enactment of this
Act.
TITLE V--STEEL IMPORT LICENSING AND MONITORING
SEC. 501. MAINTENANCE AND EXPANSION OF STEEL IMPORT LICENSING AND
MONITORING PROGRAM.
(a) Maintenance of Program.--The steel import licensing and
monitoring program established by the Secretary of the Treasury and the
Secretary of Commerce pursuant to the Memorandum signed by the
President on March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pursuant
to the authority of the President under section 203(g) of the Trade Act
of 1974), shall, notwithstanding any other action taken by the
President under section 203 of the Trade Act of 1974 concerning the
steel products described in the Memorandum, remain in effect and be
established by the Secretary of Commerce as a permanent program.
(b) Expansion of Program.--
(1) In general.--In carrying out the program in accordance
with subsection (a), the Secretary of the Treasury and the
Secretary of Commerce shall expand the program to include all
iron and steel, and all articles of iron or steel, described in
paragraph (2). The import and licensing data made available to
the public as part of this program shall be released based upon
classifications at the tenth digit level of the Harmonized
Tariff Schedule of the United States.
(2) Iron and steel described.--The iron and steel, and
articles of iron or steel, referred to in subparagraph (A) are
the iron and steel, and articles of iron or steel, contained in
the following headings and subheadings of the Harmonized Tariff
Schedule of the United States:
(A) Each of the headings 7206 through 7229
(relating to mill products).
(B) Each of the headings 7301 through 7307
(relating to rails, structurals, pipe and tubes, and
fittings and flanges).
(C) Heading 7308 (relating to fabricated
structurals).
(D) Subheading 7310.10.00 (relating to barrels and
drums).
(E) Heading 7312 (relating to strand and rope).
(F) Heading 7313.00.00 (relating to barbed and
fence wire).
(G) Headings 7314, 7315, and 7317.00 (relating to
fabricated wire).
(H) Heading 7318 (relating to industrial
fasteners).
(I) Heading 7326 (relating to fence posts).
(c) Additional Authority.--The Secretary of the Treasury and the
Secretary of Commerce are hereby authorized and directed to take such
actions as are necessary--
(1) to maintain the program described in subsection (a) in
accordance with such subsection; and
(2) to expand, as necessary and appropriate, such program
in accordance with subsection (b).
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. CONSTRUCTION.
The amendments made by this Act shall not be construed to create
any inference with respect to the interpretation of the provisions of
law amended by this Act as such provisions were in effect before the
enactment of this Act.
SEC. 602. APPLICATION TO GOODS FROM CANADA AND MEXICO.
Pursuant to section 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply to
goods from Canada and Mexico.
SEC. 603. PARTICIPATION IN WTO PANEL PROCEEDINGS.
(a) In General.--If the United States Trade Representative, in
proceedings before a dispute settlement panel or the Appellate Body of
the WTO, seeks--
(1) to enforce United States rights under a multilateral
trade agreement, or
(2) to defend a challenged action or determination of the
United States Government,
a private United States person that is supportive of the United States
Government's position before the panel or Appellate Body and that has a
direct economic interest in the panel's or Appellate Body's resolution
of the matters in dispute shall be permitted to participate in
consultations and panel proceedings. The Trade Representative shall
issue regulations, consistent with subsections (b) and (c), ensuring
full and effective participation by any such private person.
(b) Access to Information.--The United States Trade Representative
shall make available to persons described in subsection (a) all
information presented to or otherwise obtained by the Trade
Representative in connection with a WTO dispute settlement proceeding.
The United States Trade Representative shall promulgate regulations
implementing a protective order system to protect information
designated by the submitting member as confidential.
(c) Participation in Panel Process.--Upon request from a person
described in subsection (a), the United States Trade Representative
shall--
(1) consult in advance with such person regarding the
content of written submissions from the United States to the
WTO panel concerned or to the other member countries involved;
(2) include, if appropriate, such person or its appropriate
representative as an advisory member of the delegation in
sessions of the dispute settlement panel;
(3) allow such special delegation member, if such member
would bring special knowledge to the proceeding, to appear
before the panel, directly or through counsel, under the
supervision of responsible United States Government officials;
and
(4) in proceedings involving confidential information,
allow the appearance of such person only through counsel as a
member of the special delegation.
(d) Definitions.--In this section:
(1) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(2) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(3) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien admitted
for permanent residence into the United States; and
(B) a corporation, partnership, or other legal
entity organized under the laws of the United States or
of any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States.
(5) WTO.--The term ``WTO'' means the organization
established pursuant to the WTO Agreement.
(6) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
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