To amend United States trade laws to address more effectively import crises, and for other purposes.

June 5, 2003

Mr. ENGLISH (for himself, Mr. LEVIN, and Mr. HOUGHTON) introduced the following bill; which was referred to the Committee on Ways and Means

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.

This Act may be cited as the `Trade Law Reform Act of 2003'.

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.

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. FULL RECOGNITION OF SUBSIDY CONFERRED THROUGH PROVISION OF GOODS AND SERVICES AND PURCHASE OF GOODS.

Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended by adding at the end the following: `If transactions in the country which is the subject of the investigation or review do not reflect market conditions due to government action associated with provision of the good or service or purchase of the good, determination of the adequacy of remuneration shall be through comparison with a market price for a comparable item elsewhere in the world.'.

SEC. 108. REIMBURSEMENT OF DUTIES.

Section 772(d) of the Tariff Act of 1930 (19 U.S.C. 1677a(d)) is amended--

(1) by striking `and' at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

`(4) if the importer is the producer or exporter, or the importer and the producer or exporter are affiliated persons, an amount equal to the dumping margin calculated under section 771(35)(A), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any antidumping duties paid; and

`(5) if the importer is the producer or exporter, or the importer and the producer or exporter are affiliated persons, an amount equal to the net countervailable subsidy calculated under section 771(6), unless the producers or exporter is able to demonstrate that the importer was in no way reimbursed for any countervailing duties paid.'.

SEC. 109. 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 `(including countervailing duties imposed under this title)' after `duties'.

SEC. 110. EFFECTIVE DATE.

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 and have acted, on balance, to the benefit of the United States.

(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 Uruaguay 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. SENSE OF CONGRESS REGARDING PARTICIPATION IN WORLD TRADE ORGANIZATION PANEL PROCEEDINGS.

It is the sense of the Congress that, to the maximum extent permissible under the rules and practices of the WTO--

(1) if the Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks--

(A) to enforce United States rights under a multilateral trade agreement; or

(B) 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 the Appellate Body and that has a direct and tangible interest in the panel's or the Appellate Body's resolution of the matters in dispute should be permitted to observe and have access to the proceedings;

(2) the Trade Representative should make available to United States persons described in paragraph (1) all information presented to or otherwise obtained by the Trade Representative in connection with the applicable WTO dispute settlement proceeding; and

(3) upon the request of a United States person described in paragraph (1), the Trade Representative should--

(A) consult in advance with such United States person regarding the content of written submissions from the United States to the panel concerned or to the other member countries involved;

(B) include, where appropriate, such United States person, or the appropriate representative of that person, as an advisory member of the United States delegation in sessions of the dispute settlement panel; and

(C) allow such United States person, if such person would bring special knowledge to the proceeding and would be useful to the United States case, to appear before the panel, directly or through counsel, under the supervision of responsible United States Government officials.

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 NOTIFICATION

SEC. 501. STEEL IMPORT LICENSING AND SURGE MONITORING PROGRAM.

(a) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish and implement a steel import licensing and surge monitoring program. The program shall include a requirement that any person importing a product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States, and any person importing a product which was classified under either such chapter but has been the subject of temporary modifications, established pursuant to trade remedy laws, under chapter 99 of the Harmonized Tariff Schedule of the United States, obtain a steel import license before such products are entered into the United States. The program established under this subsection shall remain in effect regardless of the termination of any measures imposed under section 201 of the Trade Act of 1974 with respect to any product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States.

(b) MODIFICATION OF EXISTING REGULATIONS- Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce shall modify regulations in effect under sections 360.101 through 360.108 of title 19, Code of Federal Regulations, on the date of the enactment of this Act to conform to the provisions of this title.

(c) STEEL IMPORT LICENSES-

(1) IN GENERAL- The Secretary of Commerce shall issue a steel import license to any person who files an application that meets the requirements of this section.

(2) APPLICATION- In order to obtain a steel import license, an importer, customs broker, or agent shall submit an application to the Secretary of Commerce containing--

(A) the filer's company name and address;

(B) the filer's contact name, phone number, fax number, and e-mail address;

(C) a statement as to whether the goods are being entered for consumption, or for entry into a bonded warehouse or foreign trade zone, or for entry under a temporary importation bond, or for being entered for transportation and exportation;

(D) the importer's name;

(E) the manufacturer's name;

(F) the country of origin;

(G) the country of exportation;

(H) the expected date of export;

(I) the expected date of import;

(J) the expected port of entry;

(K) a description of the goods, including the current classification of such goods under the Harmonized Tariff Schedule of the United States;

(L) the most recent classification of such goods under the Harmonized Tariff Schedule of the United States prior to temporary modifications established pursuant to trade remedy laws, if the current classification of such goods is under chapter 99 of the Harmonized Tariff Schedule of the United States;

(M) the quantity of such goods (in kilograms);

(N) the customs value of such goods in United States dollars; and

(O) any other information that the Secretary of Commerce determines to be necessary and appropriate.

(3) CERTIFICATION- The importer, customs broker, or agent submitting the application under paragraph (2) must certify the accuracy and completeness of the information submitted.

(4) TIME PERIOD FOR APPLICATION- An application for a steel import license may be submitted on the date of importation or on any date up to 60 days before the expected date of importation or, in the case of products withdrawn for consumption from a bonded warehouse, until the date of entry summary.

(5) DURATION OF STEEL IMPORT LICENSE- A steel import license shall be valid for a period of 75 days beginning on the date on which it is issued.

(6) ENTRIES FOR CONSUMPTION- All entries for consumption of products classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States, or which were classified under such chapters 72 and 73 but have been the subject of temporary modifications, established pursuant to trade remedy laws, under chapter 99 of the Harmonized Tariff Schedule of the United States, other than informal entries described in paragraph (8), require an import license prior to the filing of Customs entry summary documents. The license numbers shall be reported on the entry summary at the time of filing.

(7) FOREIGN TRADE ZONE ENTRIES- All shipments of products classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States, or which were classified under either such chapter but have been the subject of temporary modifications, established pursuant to trade remedy laws under chapter 99 of the Harmonized Tariff Schedule of the United States, into foreign trade zones shall require an import license prior to the filing of foreign trade zone admission documents. The license numbers shall be reported on the application for foreign trade zone admission or status designation at the time of filing. An additional steel license shall not be required for shipments from the foreign trade zone into the commerce of the United States.

(8) INFORMAL ENTRIES- No import license shall be required for informal entries of products classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States, or which were classified under either such chapter but have been the subject of temporary modifications, established pursuant to trade remedy laws under chapter 99 of the Harmonized Tariff Schedule of the United States, if such merchandise is valued at less than $2,000.

(9) OTHER NON-CONSUMPTION ENTRIES- Import licenses shall not be required on temporary importation bond (`TIB') entries, transportation and exportation (T&E) entries, or entries into a bonded warehouse. Products that--

(A) are classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States, or were classified under either such chapter but have been the subject of temporary modifications, established pursuant to trade remedy laws under chapter 99 of the Harmonized Tariff Schedule of the United States, and

(B) are withdrawn for consumption from a bonded warehouse,

shall require a license at the entry summary.

(d) FAILURE TO REPORT LICENSE NUMBER-

(1) ENTRIES FOR CONSUMPTION- Entry summaries submitted without the required license numbers shall be considered incomplete and shall be subject to liquidated damages for violation of the bond condition requiring timely completion of entry.

(2) FOREIGN TRADE ZONE ENTRIES- Foreign trade zone admission documents submitted without the required license numbers shall not be considered complete and shall be subject to liquidated damages for violation of the bond condition requiring timely completion of admission.

(e) STEEL IMPORT SURGE MONITORING SYSTEM-

(1) IN GENERAL- The Secretary of Commerce shall compile and publish on a weekly basis information described in paragraph (2).

(2) INFORMATION- Information described in this paragraph means information obtained from steel import license applications concerning steel imported into the United States and includes with respect to such imports the Harmonized Tariff Schedule of the United States classification (to the tenth digit for entries of products under chapter 72 or 73 of such Schedule, or to the eighth digit for all entries of covered products under chapter 99 of such Schedule), the country of origin, the port of entry, quantity, value of steel imported, the average unit value of steel imported, and whether the imports were entered for consumption or entered into a foreign trade zone. Such information shall be compiled in aggregate form and made publicly available by the Secretary of Commerce on a weekly basis by public posting through an Internet website. The information provided under this section shall be in addition to any information otherwise required by law.

(f) FEES- The Secretary of Commerce may prescribe reasonable fees and charges to defray the costs of carrying out the provisions of this section, including a fee for issuing a license under this section. No fees shall be charged for accessing the information compiled and published by the Secretary of Commerce for the steel import surge monitoring system.

(g) SINGLE PRODUCER AND EXPORTER COUNTRIES- Notwithstanding any other provision of law, the Secretary of Commerce shall make publicly available all information required to be released pursuant to subsection (c), including information obtained regarding imports from a foreign producer or exporter that is the only producer or exporter of goods subject to this section from a foreign country.

(h) REGULATIONS- The Secretary of Commerce may prescribe such regulations relating to the steel import license and surge monitoring program as may be necessary to carry out the provisions of this section.

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.

END