§ 2252. Investigations, determinations, and recommendations by Commission

Footnotes

1. 1 So in original.
2. 2 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Trade Act of 1974

   Pub. L. 93–618 title II § 202 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2252

   Pub. L. 93–618, title II, § 202, Jan. 3, 1975, 88 Stat. 2014

   Source evidence

   Code source credit
   Pub. L. 93–618, title II, § 202, Jan. 3, 1975, 88 Stat. 2014

   Enacted provision · exact public law section
   Ante, pp. 1986, 1994, 1999.SEC. 202. PRESIDENTIAL ACTION AFTER INVESTIGATIONS. (a) After receiving a report from the Commission containing an affirmative finding under section 201(b) that increased imports have been a substantial cause of serious injury or the threat thereof with respect to an industry, the President— (1) (A) shall provide import relief for such industry pursuant to section 203, unless he determines that provision of such relief is not in the national economic interest of the United States, and (B) shall evaluate the extent to which adjustment assistance has been made available (or can be made available.) under 19 USC 1330. chapters 2, 3, and 4 of this title to the workers and firms in such industry and to the communities in which such workers and firms are located, and, after such evaluation, may direct the Secretary of Labor and the Secretary of Commerce that expeditious consideration be given to the petitions for adjustment assistance; or (2) if the Commission, under section 201(d), recommends the provision of adjustment assistance, shall direct the Secretaries of Labor and Commerce as described in paragraph (1) (B). (b) Within 60 days (30 days in the case of a supplemental report under subsection (d)) after receiving a report from the Commission containing an affirmative finding under section 201(b) (or a finding under section 201(b) which he considers to be an affirmative finding, Publication in Federal Register. by reason of section 330(d) of the Tariff Act of 1930, within such 60-day (or 30-day) period), the President shall— (1) determine what method and amount of import relief he will provide, or determine that the provision of such relief is not in the national economic interest of the United States, and whether he will direct expeditious consideration of adjustment assistance petitions, Publication in Federal Register. and publish in the Federal Register that he has made such determination; or Additional considerations.(2) if such report recommends the provision of adjustment assistance, publish in the Federal Register his order to the Secretary of Labor and Secretary of Commerce for expeditious consideration of petitions. Request for additional information.(c) In determining whether to provide import relief and what method and amount of import relief he will provide pursuant to section 203, the President, shall take into account, in addition to such other considerations as he may deem relevant— (1) information and advice from the Secretary of Labor on the extent to which workers in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapter 2 or benefits from other manpower programs; (2) information and advice from the Secretary of Commerce on the extent to which firms in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapters 3 and 4; (3) the probable effectiveness of import relief as a means to promote adjustment, the efforts being made or to be implemented y the industry concerned to adjust to import competition, and other considerations relative to the position of the industry in the Nation’s economy; (4) the effect of import relief on consumers (including the price and availability of the imported article and the like or directly competitive article produced in the United States) and on competition in the domestic markets for such articles; (5) the effect of import relief on the international economic interests of the United States; (6) the impact on United States industries and firms as a consequence of any possible modification of duties or other import restrictions which may result from international obligations with respect to compensation; (7) the geographic concentration of imported products marketed in the United States; (8) the extent to which the United States market is the focal point for exports of such article by reason of restraints on exerts of such article to, or on imports of such article into, third country markets; and (9) the economic and social costs which would be incurred by taxpayers, communities, and workers, if import relief were or were not provided. (d) The President may, within 15 days after the date on which 19 USC 2253. he receives an affirmative finding of the Commission under section 201(b) with respect to an industry, request additional information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President’s request, furnish additional information with respect to such industry in a supplemental report.

2. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1401(a) · 102 Stat. 1107

   1. Changed · 19 U.S.C. § 2252

      Pub. L. 100–418, in amending section generally

   2. Substituted · 19 U.S.C. § 2252

      Pub. L. 100–418, in substituted provisions relating to investigations, determinations and recommendations by Commission for provisions relating to Presidential action after investigations. See section 2253 of this title

   Source evidence

   Code amendment note
   Pub. L. 100–418, in amending section generally, substituted provisions relating to investigations, determinations and recommendations by Commission for provisions relating to Presidential action after investigations. See section 2253 of this title.

   Enacted provision · exact public law section
   (a) In General.— Chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251–2253) is amended to read as follows: “CHAPTER 1— POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS “SEC. 201. ACTION TO FACILITATE POSITIVE ADJUSTMENT TO IMPORT COMPETITION. “(a) Presidential Action.— If the United States International Trade Commission (hereinafter referred to in this chapter as the ‘Commission’) determines under section 202(b) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this chapter, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. “(b) Positive Adjustment to Import Competition.— “(1) For purposes of this chapter, a positive adjustment to import competition occurs when— “(A) the domestic industry— “(i) is able to compete successfully with imports after actions taken under section 204 terminate, or “(ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and “(B) dislocated workers in the industry experience an orderly transition to productive pursuits. “(2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under section 202(b). “SEC. 202. INVESTIGATIONS. DETERMINATIONS, AND RECOMMENDATIONS BY COMMISSION. “(a) Petitions and Adjustment Plans.— “(1) A petition requesting action under this chapter for the purpose of facilitating positive adjustment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. “(2) A petition under paragraph (1)— “(A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the orderly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of aqjustment to new conditions of competition; and “(B) may— “(i) subject to subsection (d)(1)(C)(i), request provisional relief under subsection (d)(1); or “(ii) request, or at any time before the 150th day after the date of filing be amended to request, provisional relief under subsection (d)(2). “(3) Whenever a petition is filed under paragraph (1), the Commission shall promptly transmit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned. “(4) A petitioner under paragraph (1) may submit to the Commission and the United States Trade Representative (here-after in this chapter referred to as the ‘Trade Representative’), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import competition. “(5) (A) Before submitting an adjustment plan under paragraph (4), the petitioner and other entities referred to in paragraph (1) that wish to participate may consult with the Trade Representative and the officers and employees of any Federal agency that is considered appropriate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion in the plan in relation to specific actions that may be taken under this chapter. “(B) A request for any consultation under subparagraph (A) must be made to the Trade Representative. Upon receiving such a request, the Trade Representative shall confer with the petitioner and provide such assistance, including publication of appropriate notice in the Federal Register, as may be practicable in obtaining other participants in the consultation. No consultation may occur under subparagraph (A) unless the Trade Representative, or his delegate, is in attendance. “(6) (A) In the course of any investigation under subsection (b), the Commission shall seek information (on a confidential basis, to the extent appropriate) on actions being taken, or planned-to be taken, or both, by firms and workers in the industry to make a positive adjustment to import competition. “(B) Regardless whether an adjustment plan is submitted under paragraph (4) by the petitioner, if the Commission makes an affirmative determination under subsection (b), any— “(i) firm in the domestic industry; “(ii) certified or recognized union or group of workers in the domestic industry; “(iii) State or local community; “(iv) trade association representing the domestic industry; or “(v) any other person or group of persons, may, individually, submit to the Commission commitments regarding actions such persons and entities intend to take to facilitate positive adjustment to import competition. “(7) Nothing in paragraphs (5) and (6) may be construed to provide immunity under the antitrust laws. “(b) Investigations and Determinations by Commission.— “(1) (A) Upon the filing of a petition under subsection (b), the request of the President or the Trade Representative, the resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the Commission shall promptly make an investigation to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. “(B) For purposes of this section, the term ‘substantial cause’ means a cause which is important and not less than any other cause. “(2) (A) Except as provided in subparagraph (B), the Commission shall make the determination under paragraph (1) within 120 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be. “(B) If before the 100th day after a petition is filed under subsection (a)(1) the Commission determines that the investigation is extraordinarily complicated, the Commission shall make the determination under paragraph (1) within 150 days after the date referred to in subparagraph (A). “(3) (A) If the Commission makes an affirmative determination under paragraph (1) and the petitioner alleges the existence of critical circumstances, the Commission shall make a determination regarding such allegation— “(i) on or before the 120th day after the day on which the petition was filed, if such allegation was included in the petition on or before the 90th day after such filing date; or “(ii) on or before the date the report required under subsection (f) regarding the determination is submitted to the President, if such allegation was included in the petition after the 90th day, and on or before the 150th day, sifter such filing date. “(B) For purposes of this paragraph and subsection (d)(2), critical circumstances exist if a substantial increase in imports (either actual or relative to domestic production) over a relatively short period of time has led to circumstances in which a delay in taking action under this chapter would cause harm that would significantly impair the effectiveness of such action. “(4) In the course of any proceeding under this subsection, the Commission shall, after reasonable notice, hold public hearings and shall afford interested parties and consumers an opportunity to be present, to present evidence, to comment on the adjustment plan, if any, submitted under subsection (a), and to be heard at such hearings. “(c) Factors Applied in Making Determinations.— “(1) In making determinations under subsection (b), the Commission shall take into account all economic factors which it considers relevant, including (but not limited to)— “(A) with respect to serious injury— “(i) the significant idling of productive facilities in the domestic industry, “(ii) the inability of a significant number of firms to carry out domestic production operations at a reason-able level of profit, and “(iii) significant unemployment or underemployment Employment and unemployment. within the domestic industry; “(B) with respect to threat of serious iiyury— “(i) a decline in sales or market share, a higher and growing inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry, “(ii) the extent to which firms in the domestic industry are unable to generate adequate capital to finance the modernization of their domestic plants and equipment, or are unable to maintain existing levels of expenditures for research and development, “(iii) the extent to which the United States market is the focal point for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and “(C) with respect to substantial cause, an increase in imports (either actual or relative to domestic production) and a decline in the proportion of the domestic market supplied by domestic producers. “(2) 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 be a cause of serious injury, or threat of 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). “(3) The presence or absence of any factor which the Commission is required to evaluate in subparagraphs (A) and (B) of paragraph (1) is not necessarily dispositive of whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry. “(4) For purposes of subsection (b), in determining the domes-tic industry producing an article like or directly competitive with an imported article, the Commission— “(A) to the extent information is available, shall, in the case of a domestic producer which also imports, treat as part of such domestic industry only its domestic production; “(B) may, in the case of a domestic producer which produces more than one article, treat as part of such domes-tic industry only that portion or subdivision of the producer which produces the like or directly competitive article; and “(C) may, in the case of one or more domestic producers which produce a like or directly competitive article in a major geographic area of the United States and whose production facilities in such area for such article constitute a substantial portion of the domestic industry in the United States and primarily serve the market in such area, and where the imports are concentrated in such area, treat as such domestic industry only that segment of the production located in such area. “(5) In the course of any proceeding under this subsection, the Commission shall investigate any factor which in its judgment may be contributing to increased imports of the article under investigation. Whenever in the course of its investigation the Commission has reason to believe that the increased imports are attributable in part to circumstances which come within the purview of subtitles A and B of title VII or section 337 of the Tariff Act of 1930, or other remedial provisions of law, the Commission shall promptly notify the appropriate agency so that such action may be taken as is otherwise authorized by such provisions of law. “(6) For purposes of this subsection: “(A) The term ‘domestic industry’ includes producers located in the United States insular possession. “(B) The term ‘significant idling of productive facilities’ includes the closing of plants or the underutilization of production capacity. “(d) Provisional Relief.— “(1) (A) An entity representing a domestic industry that produces Agriculture and agricultural commodities. a perishable agricultural product that is like or directly competitive with an imported perishable agricultural product may file a request with the Trade Representative for the monitoring of imports of that product under subparagraph (B). Within 21 days after receiving the request, the Trade Representative shall determine if— “(i) the imported product is a perishable agricultural product; and “(ii) there is a reasonable indication that such product is being imported into the United States in such increased quantities as to be, or likely to be, a substantial cause of serious injury, or the threat thereof, to such domestic industry. “(B) If the determinations under subparagraph (A) (i) and (ii) are affirmative, the Trade Representative shall request, under section 332(g) of the Tariff Act of 1930, the Commission to monitor and investigate the imports concerned for a period not to exceed 2 years. The monitoring and investigation may include the collection and analysis of information that would expedite an investigation under subsection (b). “(C) If a petition filed under subsection (a)— “(i) alleges injury from imports of a perishable agricultural product that has been, on the date the allegation is included in the petition, subject to monitoring by the Commission under paragraph (2) for not less than 90 days; and “(ii) requests that provisional relief be provided under this subsection with respect to such imports; the Commission shall, not later than the 21st day after the day on which the request was filed, make a determination, on the basis of available information, whether increased imports (either actual or relative to domestic production) of the perishable agricultural product are a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive perishable product, and whether either— “(I) the serious injury is likely to be difficult to repair by reason of perishability of the like or directly competitive agricultural product; or “(II) the serious injury cannot be timely prevented through investigation under subsection (b) and action under section 203. “(D) At the request of the Commission, the Secretary of Agriculture shall promptly provide to the Commission any relevant information that the Department of Agriculture may have for purposes of making determinations and findings under this subsection. “(E) Whenever the Commission makes an affirmative preliminary determination under subparagraph (C), the Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury or threat thereof. In carrying out this subparagraph, the Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury or threat thereof. “(F) The Commission shall immediately report to the President its determination under subparagraph (C) and, if the determination is affirmative, the finding under subparagraph (E). “(G) Within 7 days after receiving a report from the Commission under subparagraph (F) containing an affirmative determination, the President, if he considers provisional relief to be warranted and after taking into account the finding of the Commission under subparagraph (E), shall proclaim such provisional relief that the President considers necessary to prevent or remedy the serious injury or threat thereof. “(2) (A) The Commission shall, at the same time it makes an affirmative determination under subsection (b)(3)(A) regarding the existence of critical circumstances, find the amount or extent of provisional relief that is appropriate to address such Reports. critical circumstances. The Commission shall immediately report to the President each such affirmative determination and finding. “(B) After receiving a report from the Commission under subparagraph (A), the President shall, within 7 days after the day on which the report is received and after taking into account the finding of the Commission under subparagraph (A), proclaim such provisional relief, if any, that the President considers appropriate to address the critical circumstances. “(3) If provisional relief is proclaimed under paragraph (1)(G) or (2)(B) in the form of an increase, or the imposition of, a duty, the President shall order the suspension of liquidation of all imported articles subject to the affirmative determination under paragraph (1)(C) or subsection (b)(1), as the case may be, that are entered, or withdrawn from warehouse for consumption, on or after the date of the determination. “(4) (A) Any provisional relief implemented under this subsection with respect to an imported article shall terminate on the day on which— “(i) if such relief was proclaimed under paragraph (1)(G), the Commission makes a negative determination under section 203(a) regarding injury or the threat thereof by imports of such article; “(ii) action described in section 203(a)(3) (A) or (C) takes effect under section 203 with respect to such article; “(iii) a decision by the President not to take any action under section 203(a) with respect to such article becomes final; or “(iv) whenever the President determines that, because of changed circumstances, such relief is no longer warranted. “(B) Any suspension of liquidation ordered under paragraph (3) with respect to an imported article shall terminate on the day on which provisional relief is terminated under subparagraph (A) with respect to the article. “(C) If an increase in, or the imposition of, a duty that is proclaimed under section 203 on an imported article is different from a duty increase or imposition that was proclaimed for such an article under this section, then the entry of any such article for which liquidation was suspended under paragraph (3) shall be liquidated at whichever of such rates of duty is lower. “(D) If provisional relief in the form of an increase in, or the imposition of, a duty is proclaimed under this section with respect to an imported article and neither a duty increase nor a duty imposition is proclaimed under section 203 regarding such article, the entry of any such article for which liquidation was suspended under paragraph (3) may be liquidated at the rate of duty that applied before provisional relief was provided. “(5) For purposes of this subsection: “(A) A perishable agricultural product is any agricultural article, including livestock, regarding which the Trade Representative considers action under this section to be appropriate after taking into account— “(i) whether the article has— “(I) a short shelf life, “(II) a short growing season, or “(III) a short marketing period, “(ii) whether the article is treated as a perishable product under any other Federal law or regulation; and “(iii) any other factor considered appropriate by the Trade Representative. The presence or absence of any factor which the Trade Representative is required to take into account under clause (i), (ii), or (iii) is not necessarily dispositive of whether an article is a perishable agricultural product. “(B) The term ‘provisional relief means— “(i) any increase in, or imposition of, any duty; “(ii) any modification or imposition of any quantitative restriction on the importation of an article into the United States; or “(iii) any combination of actions under clauses (i) and (ii). “(e) Commission Recommendations.— “(1) If the Commission makes an affirmative determination under subsection (b)(1), the Commission shall also recommend the action that would address the serious injury, or threat thereof, to the domestic industry and be most effective in facilitating the efforts of the domestic industry to make a positive adjustment to import competition. “(2) The Commission is authorized to recommend under paragraph (1)— “(A) an increase in, or the imposition of, any duty on the imported article; “(B) a tariff-rate quota on the article; “(C) a modification or imposition of any quantitative restriction on the importation of the article into the United States; “(D) one or more appropriate adjustment measures, including the provision of trade adjustment assistance under chapter 2; or “(E) any combination of the actions described in subparagraphs (A) through (D). “(3) The Commission shall specify the type, amount, and duration of the action recommended by it under paragraph (1). • The limitations set forth in section 203(e) are applicable to the action recommended by the Commission. “(4) In addition to the recommendation made under paragraph (1), the Commission may also recommend that the President— “(A) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat; or “(B) implement any other action authorized under law that is likely to facilitate positive adjustment to import competition. “(5) For purposes of making its recommendation under this subsection, the Commission shall— “(A) after reasonable notice, hold a public hearing at which all interested parties shall be provided an opportunity to present testimony and evidence; and “(B) take into account— “(i) the form and amount of action described in paragraph (2) (A), (B), and (C) that would prevent or remedy the injury of threat thereof, “(ii) the objectives and actions specified in the adjustment plan, if any, submitted under subsection (a)(4), “(iii) any individual commitment that was submitted to the Commission under subsection (a)(6), “(iv) any information available to the Commission concerning the conditions of competition in domestic and world markets, and likely developments affecting such conditions during the period for which action is being requested, and “(v) whether international negotiations may be constructive to address the injury or threat thereof or to facilitate adjustment. “(6) Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the recommendation required to be made under paragraph (1) or that may be made under paragraph (3). Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (f), separate views regarding what action, if any, should be taken under section 203. “(f) Report by Commission.— “(1) The Commission shall submit to the President a report on each investigation undertaken under subsection (b). The report shall be submitted at the earliest practicable time, but not later than 180 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be. “(2) The Commission shall include in the report required under paragraph (1) the following: “(A) The determination made under subsection (b) and an explanation of the basis for the determination. “(B) If the determination under subsection (b) is affirmative, the recommendations for action made under subsection (e) and an explanation of the basis for each recommendation. “(C) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in subparagraphs (A) and (B). “(D) The findings required to be included in the report under subsection (c)(2). “(E) A copy of the adjustment plan, if any, submitted under section 201(b)(4). “(F) Commitments submitted, and information obtained, by the Commission regarding steps that firms and workers in the domestic industry are taking, or plan to take, to facilitate positive adjustment to import competition. “(G) A description of— “(i) the short- and long-term effects that implementation of the action recommended under subection (e) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers, and “(ii) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and the communities where production facilities of such industry is located, and on other domestic industries. “(3) The Commission, after submitting a report to the President Public information. Federal Register, publication. under paragraph (1), shall promptly make it available to the public (with the exception of the confidential information obtained under section 202(a)(6)(B) and any other information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register. “(g) Expedited Consideration of Adjustment Assistance Petitions.— If the Commission makes an affirmative determination under subsection (b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination. After receiving such notification— “(1) the Secretary of Labor shall give expedited consideration to petitions by workers in the domestic industry for certification for eligibility to apply for adjustment assistance under chapter 2; and “(2) the Secretary of Commerce shall give expedited consideration to petitions by firms in the domestic industry for certification of eligibility to apply for adjustment assistance under chapter 3. “(h) Limitations on Investigations.— “(1) Except for good cause determined by the Commission to exist, no investigation for the purposes of this section shall be made with respect to the same subject matter as a previous investigation under this chapter, unless 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation. “(2) If an article was the subject of an investigation under this section that resulted in any action described in section 203(a)(3) (A), (B), (C), or (E) being taken under section 203, no other investigation under this chapter may be initiated with respect to such article while such action is in effect or during the period beginning on the date on which such action terminates that is equal in duration to the period during which such action was in effect. “SEC. 203. ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT INJURY. “(a) In General.— “(1) (A) After receiving a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the President shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. “(B) The action taken by the President under subparagraph (A) shall be to such extent, and for such duration, subject to subsection (e)(1), that the President determines to be appropriate and feasible under such subparagraph. “(C) The interagency trade organization established under section 242(a) of the Trade Expansion Act of 1962 shall, with respect to each affirmative determination reported under section 202(f), make a recommendation to the President as to what action the President should take under subparagraph (A). “(2) In determining what action to take under paragraph (1), the President shall take into account— “(A) the recommendation and report of the Commission; “(B) the extent to which workers and firms in the domes-tic industry are— “(i) benefitting from adjustment assistance and other manpower programs, and “(ii) engaged in worker retraining efforts; “(C) the efforts being made, or to be implemented, by the domestic industry (including the efforts included in any adjustment plan or commitment submitted to the Commission under section 201(b)) to make a positive adjustment to import competition; “(D) the probable effectiveness of the actions authorized under paragraph (3) to facilitate positive adjustment to import competition; “(E) the short- and long-term economic and social costs of the actions authorized under paragraph (3) relative to their short- and long-term economic and social benefits and other considerations relative to the position of the domestic industry in the United States economy; “(F) other factors related to the national economic interest of the United States, including, but not limited to— “(i) the economic and social costs which would be incurred by taxpayers, communities, and workers if import relief were not provided under this chapter, “(ii) the effect of the implementation of actions under this section on consumers and on competition in domestic markets for articles, and “(iii) the impact on United States industries and firms as a result of international obligations regarding compensation; “(G) the extent to which there is diversion of foreign exports to the United States market by reason of foreign restraints; “(H) the potential for circumvention of any action taken under this section; “(I) the national security interests of the United States; Defense and national security. and “(J) the factors required to be considered by the Commission under section 202(e)(5). “(3) The President may, for purposes of taking action under paragraph (1)— “(A) proclaim an increase in, or the imposition of, any duty on the imported article; “(B) proclaim a tariff-rate quota on the article; “(C) proclaim a modification or imposition of any quantitative restriction on the importation of the article into the United States; “(D) implement one or more appropriate adjustment measures, including the provision of trade adjustment assistance under chapter 2; “(E) negotiate, conclude, and carry out orderly marketing agreements with foreign countries limiting the export from foreign countries and the import into the United States of such article; “(F) proclaim procedures necessary to allocate among importers by the auction of import licenses quantities of the article that are permitted to be imported into the United States; “(G) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat thereof; “(H) submit to Congress legislative proposals to facilitate the efforts of the domestic industry to make a positive adjustment to import competition; “(I) take any other action which may be taken by the President under the authority of law and which the President considers appropriate and feasible for purposes of paragraph (1); and “(J) take any combination of actions listed in subparagraphs (A) through (I). “(4) The President shall take action under paragraph (1) within 60 days after receiving a report from the Commission containing an affirmative determination under section 202(b)(1) (or a determination under such section which he considers to be an affirmative determination by reason of section 330(d) of the Tariff Act of 1930); except that if a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received. “(5) The President may, within 15 days after the date on which he receives a report from the Commission containing an affirmative determination under section 202(b)(1), request additional Reports. information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President’s request, furnish additional information with respect to the industry in a supplemental report “(b) Reports to Congress.— “(1) On the day the President takes action under subsection (a)(1), the President shall transmit to Congress a document describing the action and the reasons for taking the action. If the action taken by the President differs from the action required to be recommended by the Commission under section 202(e)(1), the President shall state in detail the reasons for the difference. “(2) On the day on which the President decides that there is no appropriate and feasible action to take under subsection (a)(1) with respect to a domestic industry, the President shall transmit to Congress a document that sets forth in detail the reasons for the decision. “(3) On the day on which the President takes any action under subsection (a)(1) that is not reported under paragraph (1), the President shall transmit to Congress a document setting forth the action being taken and the reasons therefor. “(c) Implementation of Action Recommended by Commission.— If the President reports under subsection (b)(1) or (2) that— “(1) the action taken under subsection (a)(1) differs from the action recommended by the Commission under section 202(e)(1); or “(2) no action will be taken under subsection (a)(1) with respect to the domestic industry; Effective date. the action recommended by the Commission shall take effect (as provided in subsection (c)(2)) upon the enactment of a joint resolution described in section 152(a)(1)(A) within the 90-day period beginning on the date on which the document referred to in subsection (b)(1) or (2) is transmitted to the Congress. “(d) Time for Taking Effect of Certain Relief.— “(1) Except as provided in paragraph (2), any action described in subsection (a)(3)(A), (B), or (C), that is taken under subsection (a)(1) shall take effect within 15 days after the day on which the President proclaims the action, unless the President announces, on the date he decides to take such action, his intention to negotiate one or more orderly marketing agreements in which case the action under subsection (a)(3)(A), (B), or (C) shall be proclaimed and take effect within 90 days after the date of such decision. “(2) If the contingency set forth in subsection (c) occurs, the President shall, within 30 days after the date of the enactment of the joint resolution referred to in such subsection, proclaim the action recommended by the Commission under section 202(e)(1). “(e) Limitations on Actions.— “(1) (A) The duration of the period in which action taken under this section may be in effect shall not exceed 8 years. “(B) If the initial effective period for action taken under this section is less than 8 years, the President may extend the effective period once, but the aggregate of the initial period and the extension may not exceed 8 years. “(2) Action may be taken under subsection (a)(1)(A), (B), or (C) or under section 202(d)(2)(B) only to the extent the cumulative impact of such action does not exceed the amount necessary to prevent or remedy the serious injury or threat thereof. “(3) No action may be taken under this section which would increase a rate of duty to (or impose a rate) which is more than 50 percent ad valorem above the rate (if any) existing at the time the action is taken. “(4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article whicn is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article. “(5) To the extent feasible, an effective period of more than 3 years for an action described in subsection (a)(3)(A), (B), or (Q shall be phased down during the period in which the action is taken, with the first reduction taking effect no later than the close of the day which is 3 years after the day on which such action first takes effect. “(6) (A) The suspension, pursuant to any action taken under this section of— “(i) item 806.30 or 807.00 of the Tariff Schedules of the United States with respect to an article; and “(ii) the designation of any article as an eligible article for purposes of title V; shall be treated as an increase in duty. “(B) No proclamation providing for a suspension referred to in subparagraph (A) with respect to any article may be made by the President, nor may any such suspension be recommended by the Commission under section 203(c), unless the Commission, in addition to making an affirmative determination under section 202(b)(1), determines in the course of its investigation under section 203(a) that the serious injury, or threat thereof, substantially caused by imports to the domestic industry producing a like or directly competitive article results from, as the case may be— “(A) the application of item 806.30 or item 807.00; or “(B) the designation of the article as an eligible article for the purposes of title V. “(f) Orderly Marketing and Other Agreements.— “(1) If the President takes action under this section other than the implemention of orderly marketing agreements, the President may, after such action takes effect, negotiate orderly marketing agreements with foreign countries, and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken. “(2) If an orderly marketing agreement implemented under subsection (a) is not effective, the President may, consistent with the limitations contained in subsection (e), take additional action under subsection (a). “(g) Regulations.— “(1) The President shall by regulation provide for the efficient and fair administration of all actions taken for the purpose of providing import relief under this chapter. “(2) In order to carry out an orderly marketing or other international agreement concluded under this chapter, the President may prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any orderly marketing agreement concluded under this chapter with one or more countries accounting for a major part of United States imports of the article covered by such agreements, including imports into a major geographic area of the United States, the President may issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement. “(3) Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers. “SEC. 204. MONITORING. MODIFICATION, AND TERMINATION OF ACTION. “(a) Monitoring.— “(1) So long as any action taken under section 203 remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make apositive adjustment to import competition. “(2) The Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than— “(A) the 2ndanniversary of the day on which the action under section 203 first took effect; and “(B) the last day of each 2-year period occurring after the 2-year period referred to in subparagraph (A). “(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. “(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any extension, reduction, modification, or termination of the action taken under section 203 which is under consideration. “(b) Reduction, Modification, and Termination of Action.— “(1) Action taken under section 203 may be reduced, modified, or terminated by the President (but not before the President receives the report required under subsection (a)(2)(A)) if the President— “(A) after taking into account any report or advice submitted by the Commission under subsection (a) and after seeking the advice of the Secretary of Commerce and the Secretary of Labor, determines, on the basis that either— “(i) the domestic industry has not made adequate efforts to make a positive adjustment to import competition, or “(ii) the effectiveness of the action taken under section 203 has been impaired by changed economic circumstances, that changed circumstances warrant such reduction, or termination; or “(B) determines, after a majority of the representatives of the domestic industry submits to the President a petition requesting such reduction, modification, or termination on such basis, that the domestic industry has made a positive adjustment to import competition. “(2) Notwithstanding paragraph (1), the President is authorized President of U.S. to take such additional action under section 203 as may be necessary to eliminate any circumvention of any action previously taken under such section. “(d) Evaluation of Effectiveness of Action.— “(1) After any action taken under section 203 has terminated, the Commission shall evaluate the effectiveness of the actions in facilitating positive adjustment by the domestic industry to import competition, consistent with the reasons set out by the President in the report submitted to the Congress under section 203(b). “(2) During the course of the evaluation conducted under paragraph (1), the Commission shall, after reasonable public notice, hold a hearing on the effectiveness of the action. All interested persons shall have the opportunity to attend such hearing and to present evidence or testimony at such hearing. “(3) A report on the evaluation made under paragraph (1) and Reports. the hearings held under paragraph (2) shall be submitted by the Commission to the President and to the Congress by no later than the 180th day after the day on which the actions taken under section 203 terminated. “(e) Other Provisions.— “(1) Action by the President under this chapter may be taken without regard to the provisions of section 126(a) of this Act but only after consideration of the relation of such actions to the international obligations of the United States. “(2) If the Commission treats as the domestic industry production President of U.S. located in a major geographic area of the United States under section 202(c)(4)(C), then the President shall take into account the geographic concentration of domestic production and of imports in that area in taking any action authorized under paragraph (1).”.

3. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 317(b) · 107 Stat. 2057

   Added · 19 U.S.C. § 2252(a)(8)

   Pub. L. 103–182, § 317(b), added par. (8)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 103–182, § 317(b), added par. (8).

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 202(a) of the Trade Act of 19 USC 2252. 1974 is amended by adding at the end thereof the following: “(8) The procedures concerning the release of confidential business information set forth in section 332(g) of the Tariff Act of 1930 shall apply with respect to information received by the Commission in the course of investigations conducted under this chapter and part 1 of title III of the North American Free Trade Agreement Implementation Act.”.

4. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 315(1) · 107 Stat. 2057

   Inserted · 19 U.S.C. § 2252(d)(1)(A)

   Pub. L. 103–182, § 315(1), inserted “or citrus product” after “agricultural product” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (d)(1)(A). Pub. L. 103–182, § 315(1), inserted “or citrus product” after “agricultural product” wherever appearing.

   Enacted provision · exact public law section
   (1) in paragraph (1)(A) by inserting “or citrus product” after “agricultural product” each place it appears;

5. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 315(2) · 107 Stat. 2057

   1. Inserted · 19 U.S.C. § 2252(d)(1)(C)

      Pub. L. 103–182, § 315(2), in cl. (i) and provisions before subcl. (I), inserted “or citrus product” after “agricultural product” wherever appearing and in provisions before subcl. (I)

   2. Inserted · 19 U.S.C. § 2252(d)(1)(C)

      Pub. L. 103–182, § 315(2), in cl. (i) and provisions before subcl. (I), inserted “or citrus product” after “competitive perishable product”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(C). Pub. L. 103–182, § 315(2), in cl. (i) and provisions before subcl. (I), inserted “or citrus product” after “agricultural product” wherever appearing and in provisions before subcl. (I), inserted “or citrus product” after “competitive perishable product”.

   Enacted provision · exact public law section
   (2) in the text of paragraph (1)(C) that appears before subclauses (I) and (II)— (A) by inserting “or citrus product” after “agricultural product” each place it appears, and (B) by inserting “or citrus product” after “perishable product”;

6. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 315(3) · 107 Stat. 2057

   1. Added · 19 U.S.C. § 2252(d)(5)

      Pub. L. 103–182, § 315(3), (4), added subpar. (A)

   2. Redesignated · 19 U.S.C. § 2252(d)(5)

      Pub. L. 103–182, § 315(3), (4), redesignated former subpars. (A) and (B) as (B) and (C), respectively

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 103–182, § 315(3), (4), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

   Enacted provision · exact public law section
   (3) by redesignating subparagraphs (A) and (B) of paragraph (5) as subparagraphs (B) and (C); and

7. 1994

   Pub. L. 103–465 § 303(1) · 108 Stat. 4809

   Struck · 19 U.S.C. § 2252(a)(2)(B)(ii)

   Pub. L. 103–465, § 303(1), struck out “, or at any time before the 150th day after the date of filing be amended to request,” after “request”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B)(ii). Pub. L. 103–465, § 303(1), struck out “, or at any time before the 150th day after the date of filing be amended to request,” after “request”.

   Enacted provision · exact public law section
   (1) Section 202(a)(2)(B)(u) (19 U.S.C. 2252(a)(2)(B)(ii)) is amended by striking “, or at any time before the 150th day after the date of filing be amended to request,”.

8. 1994

   Pub. L. 103–465 § 301(a) · 108 Stat. 4809

   Inserted · 19 U.S.C. § 2252(a)(8)

   Pub. L. 103–465, § 301(a), inserted at end “The Commission may request that parties providing confidential business information furnish nonconfidential summaries thereof or, if such parties indicate that the information in the submission cannot be summarized, the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summarized form, the Commission may disregard the submission.”

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 103–465, § 301(a), inserted at end “The Commission may request that parties providing confidential business information furnish nonconfidential summaries thereof or, if such parties indicate that the information in the submission cannot be summarized, the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summarized form, the Commission may disregard the submission.”

   Enacted provision · exact public law section
   (a) Treatment of Confidential Information.— Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended by adding at the end the following: “The Commission may request that parties providing confidential business information furnish nonconfidential summaries thereof or, if such parties indicate that the information in the submission cannot be summarized, the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summarized form, the Commission may disregard the submission.”.

9. 1994

   Pub. L. 103–465 § 303(2) · 108 Stat. 4809

   Substituted · 19 U.S.C. § 2252(b)(1)(A)

   Pub. L. 103–465, § 303(2), substituted “subsection (a)” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 103–465, § 303(2), substituted “subsection (a)” for “subsection (b)”.

   Enacted provision · exact public law section
   (2) Section 202(b)(l)(A) (19 U.S.C. 2252(b)(l)(A)) is amended by striking “(b)” and inserting “(a)”.

10. 1994

    Pub. L. 103–465 § 301(d)(2)(A)(i) · 108 Stat. 4809

    Inserted · 19 U.S.C. § 2252(b)(2)(A)

    Pub. L. 103–465, § 301(d)(2)(A)(i), inserted “(180 days if the petition alleges that critical circumstances exist)” after “120 days”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 103–465, § 301(d)(2)(A)(i), inserted “(180 days if the petition alleges that critical circumstances exist)” after “120 days”.

    Enacted provision · exact public law section
    (i) in subparagraph (A) by inserting “(180 days if the petition alleges that critical circumstances exist)” after “120 days”; and

11. 1994

    Pub. L. 103–465 § 301(d)(2)(A)(ii) · 108 Stat. 4809

    Inserted · 19 U.S.C. § 2252(b)(2)(B)

    Pub. L. 103–465, § 301(d)(2)(A)(ii), inserted “(210 days if the petition alleges that critical circumstances exist)” after “150 days”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 103–465, § 301(d)(2)(A)(ii), inserted “(210 days if the petition alleges that critical circumstances exist)” after “150 days”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B) by inserting “(210 days if the petition alleges that critical circumstances exist)” after “150 days”; and

12. 1994

    Pub. L. 103–465 § 301(c) · 108 Stat. 4809

    1. Added · 19 U.S.C. § 2252(b)(3); 19 U.S.C. § 2252(b)(4)

       Pub. L. 103–465, § 301(c), added par. (3)

    2. Struck · 19 U.S.C. § 2252(b)(3); 19 U.S.C. § 2252(b)(4)

       Pub. L. 103–465, § 301(c), struck out former par. (3) which provided time limits on Commission determinations where petitioner alleged existence of critical circumstances

    3. Struck · 19 U.S.C. § 2252(b)(3); 19 U.S.C. § 2252(b)(4)

       Pub. L. 103–465, § 301(c), struck out former par. (4) which provided for notice and hearings on any adjustment plan submitted under subsec. (a) of this section

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 103–465, § 301(c), added par. (3), struck out former par. (3) which provided time limits on Commission determinations where petitioner alleged existence of critical circumstances, and struck out former par. (4) which provided for notice and hearings on any adjustment plan submitted under subsec. (a) of this section.

    Enacted provision · exact public law section
    (c) Notice of Proceedings.— Section 202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)) is amended by striking paragraphs (3) and (4) and inserting the following: “(3) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, to comment on the adjustment plan, if any, submitted under subsection (a), to respond to the presentations of other parties and consumers, and otherwise to be heard.”.

13. 1994

    Pub. L. 103–465 § 301(e)(1) · 108 Stat. 4809

    Inserted · 19 U.S.C. § 2252(c)(1)(B)(i)

    Pub. L. 103–465, § 301(e)(1), inserted “productivity,” after “wages,”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(i). Pub. L. 103–465, § 301(e)(1), inserted “productivity,” after “wages,”.

    Enacted provision · exact public law section
    (1) in paragraph (l)(B)(i) by inserting “productivity,” after “wages,”; and

14. 1994

    Pub. L. 103–465 § 303(5) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2252(c)(6)

    Pub. L. 103–465, § 303(5), substituted “section” for “subsection” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 103–465, § 303(5), substituted “section” for “subsection” in introductory provisions.

    Enacted provision · exact public law section
    (5) Section 202(c)(6) (19 U.S.C. 2252(c)(6)) is amended by striking “subsection” and inserting “section”.

15. 1994

    Pub. L. 103–465 § 301(e)(2)(A) · 108 Stat. 4809

    Amended · 19 U.S.C. § 2252(c)(6)(A)

    Pub. L. 103–465, § 301(e)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘domestic industry’ includes producers located in the United States insular possession.”

    Source evidence

    Code amendment note
    Subsec. (c)(6)(A). Pub. L. 103–465, § 301(e)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘domestic industry’ includes producers located in the United States insular possession.”

    Enacted provision · exact public law section
    (A) by amending subparagraph (A) to read as follows: “(A) (i) The term ‘domestic industry’ means, with respect to an article, the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article. “(ii) The term ‘domestic industry’ includes producers. located in the United States insular possessions.”; and

16. 1994

    Pub. L. 103–465 § 301(e)(2)(B) · 108 Stat. 4809

    Added · 19 U.S.C. § 2252(c)(6)(C); 19 U.S.C. § 2252(c)(6)(D)

    Pub. L. 103–465, § 301(e)(2)(B), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (c)(6)(C), (D). Pub. L. 103–465, § 301(e)(2)(B), added subpars. (C) and (D).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(C) The term ‘serious injury’ means a significant overall impairment in the position of a domestic industry. “(D) The term ‘threat of serious injury’ means serious injury that is clearly imminent.

17. 1994

    Pub. L. 103–465 § 303(3)(A) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2252(d)(1)(C)(i)

    Pub. L. 103–465, § 303(3)(A), substituted “subparagraph (B)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C)(i). Pub. L. 103–465, § 303(3)(A), substituted “subparagraph (B)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (A) in subparagraph (C)(i) by striking “paragraph (2)” and inserting “subparagraph (B)”; and

18. 1994

    Pub. L. 103–465 § 303(3)(B) · 108 Stat. 4809

    Struck · 19 U.S.C. § 2252(d)(1)(E); 19 U.S.C. § 2252(d)(1)(G)

    Pub. L. 103–465, § 303(3)(B), struck out “or threat thereof” after “the serious injury” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(1)(E), (G). Pub. L. 103–465, § 303(3)(B), struck out “or threat thereof” after “the serious injury” wherever appearing.

    Enacted provision · exact public law section
    (B) by striking “or threat thereof” each place it appears in subparagraphs (E) and (G).

19. 1994

    Pub. L. 103–465 § 301(d)(1) · 108 Stat. 4809

    Amended · 19 U.S.C. § 2252(d)(2)

    Pub. L. 103–465, § 301(d)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 103–465, § 301(d)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

    “(2)(A) The Commission shall, at the same time it makes an affirmative determination under subsection (b)(3)(A) of this section regarding the existence of critical circumstances, find the amount or extent of provisional relief that is appropriate to address such critical circumstances. The Commission shall immediately report to the President each such affirmative determination and finding. “(B) After receiving a report from the Commission under subparagraph (A), the President shall, within 7 days after the day on which the report is received and after taking into account the finding of the Commission under subparagraph (A), proclaim such provisional relief, if any, that the President considers appropriate to address the critical circumstances.”

    Enacted provision · exact public law section
    (1) In general.— Section 202(d)(2) of the Trade Act of 1974 (19 U.S.C. 2252(d)(2)) is amended to read as follows: “(2) (A) When a petition filed under subsection (a) 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, the Commission shall, not later than 60 days after the petition containing the request was 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 a substantial cause of serious injury, or the threat thereof, 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. “(B) If the determinations under subparagraph (A)(i) and (ii) are affirmative, the Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury. In carrying out this subparagraph, the Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury. “(C) The Commission shall immediately report to the President Reports. its determinations under subparagraph (A)(i) and (ii) and, if the determinations are affirmative, the finding under subparagraph (B). “(D) Within 30 days after receiving a report from the President. Commission under subparagraph (C) containing an affirmative determination under subparagraph (A)(i) and (ii), the President, if he considers provisional relief to be warranted and after taking into account the finding of the Commission under subparagraph (B), shall proclaim, for a period not to exceed 200 days, such provisional relief that the President considers necessary to prevent or remedy the serious injury. Such relief shall take the form of an increase in, or the imposition of, a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury.”.

20. 1994

    Pub. L. 103–465 § 301(d)(4)(A) · 108 Stat. 4809

    1. Substituted · 19 U.S.C. § 2252(d)(3)

       Pub. L. 103–465, § 301(d)(4)(A), substituted “(2)(D)” for “(2)(B)”

    2. Substituted · 19 U.S.C. § 2252(d)(3)

       Pub. L. 103–465, § 301(d)(4)(A), substituted “paragraph (2)(A)” for “subsection (b)(1) of this section”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 103–465, § 301(d)(4)(A), substituted “(2)(D)” for “(2)(B)” and “paragraph (2)(A)” for “subsection (b)(1) of this section”.

    Enacted provision · exact public law section
    (A) in paragraph (3)— (i) by striking “(2)(B)” and inserting “(2)(D)”; and (ii) by striking “subsection (b)(1)” and inserting “paragraph (2)(A)”; and

21. 1994

    Pub. L. 103–465 title III · 108 Stat. 4809

    1. Inserted · 19 U.S.C. § 2252(d)(4)(A)(i)

       Pub. L. 103–465, §§ 301(d)(4)(B), 303(4), inserted “or (2)(D)” after “(1)(G)”

    2. Substituted · 19 U.S.C. § 2252(d)(4)(A)(i)

       Pub. L. 103–465, §§ 301(d)(4)(B), 303(4), substituted “subsection (b)” for “section 2253(a) of this title”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(i). Pub. L. 103–465, §§ 301(d)(4)(B), 303(4), inserted “or (2)(D)” after “(1)(G)” and substituted “subsection (b)” for “section 2253(a) of this title”.

    Enacted provision · exact public law
    TITLE III— ADDITIONAL IMPLEMENTATION OF AGREEMENTS Subtitle A— Safeguards SEC. 301. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDATIONS BY INTERNATIONAL TRADE COMMISSION. (a) Treatment of Confidential Information.— Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended by adding at the end the following: “The Commission may request that parties providing confidential business information furnish nonconfidential summaries thereof or, if such parties indicate that the information in the submission cannot be summarized, the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summarized form, the Commission may disregard the submission.”. (b) Administrative Protective Orders.— Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended by adding at the end the following: “(i) Limited Disclosure of Confidential Business Information Under Protective Order.— The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under this section.”. (c) Notice of Proceedings.— Section 202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)) is amended by striking paragraphs (3) and (4) and inserting the following: “(3) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, to comment on the adjustment plan, if any, submitted under subsection (a), to respond to the presentations of other parties and consumers, and otherwise to be heard.”. (d) Critical Circumstances.— (1) In general.— Section 202(d)(2) of the Trade Act of 1974 (19 U.S.C. 2252(d)(2)) is amended to read as follows: “(2) (A) When a petition filed under subsection (a) 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, the Commission shall, not later than 60 days after the petition containing the request was 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 a substantial cause of serious injury, or the threat thereof, 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. “(B) If the determinations under subparagraph (A)(i) and (ii) are affirmative, the Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury. In carrying out this subparagraph, the Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury. “(C) The Commission shall immediately report to the President Reports. its determinations under subparagraph (A)(i) and (ii) and, if the determinations are affirmative, the finding under subparagraph (B). “(D) Within 30 days after receiving a report from the President. Commission under subparagraph (C) containing an affirmative determination under subparagraph (A)(i) and (ii), the President, if he considers provisional relief to be warranted and after taking into account the finding of the Commission under subparagraph (B), shall proclaim, for a period not to exceed 200 days, such provisional relief that the President considers necessary to prevent or remedy the serious injury. Such relief shall take the form of an increase in, or the imposition of, a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury.”. (2) Time limits for determinations.— Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended— (A) in subsection (b)(2)— (i) in subparagraph (A) by inserting “(180 days if the petition alleges that critical circumstances exist)” after “120 days”; and (ii) in subparagraph (B) by inserting “(210 days if the petition alleges that critical circumstances exist)” after “150 days”; and (B) in subsection (f)(1) by inserting “(240 days if the petition alleges that critical circumstances exist)” after “180 days”. (3) Action by the president.— Section 203(a)(4) of the Trade Act of 1974 (19 U.S.C. 2253(a)(4)) is amended— (A) by striking “The” and inserting “(A) Subject to subparagraph (B), the”; (B) by inserting after “60 days” the following: “(50 days if the President has proclaimed provisional relief under section 202(d)(2)(D) with respect to the article concerned)”; and (C) by striking “; except that” and all that follows through “received?’ and inserting a period and the following: “(B) If a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received, except that, in a case in which the President has proclaimed provisional relief under section 202(d)(2)(D) with respect to the article concerned, action by the President under paragraph (1) may not be taken later than the 200th day after the provisional relief was proclaimed.”. (4) Conforming amendments.— Section 202(d) of the Trade Act of 1974 (19 U.S.C. 2252(d)) is amended— (A) in paragraph (3)— (i) by striking “(2)(B)” and inserting “(2)(D)”; and (ii) by striking “subsection (b)(1)” and inserting “paragraph (2)(A)”; and (B) in paragraph (4)(A)(i) by inserting “or (2)(D)” after “(1)(G)”. (e) Factors in Making Determinations.— Section 202(c) of the Trade Act of 1974 (19 U.S.C. 2252(c)) is amended— (1) in paragraph (l)(B)(i) by inserting “productivity,” after “wages,”; and (2) in paragraph (6)— (A) by amending subparagraph (A) to read as follows: “(A) (i) The term ‘domestic industry’ means, with respect to an article, the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article. “(ii) The term ‘domestic industry’ includes producers. located in the United States insular possessions.”; and (B) by adding at the end the following: “(C) The term ‘serious injury’ means a significant overall impairment in the position of a domestic industry. “(D) The term ‘threat of serious injury’ means serious injury that is clearly imminent. (f) Limitations on Investigations.— Section 202(h) of the Trade Act of 1974 (19 U.S.C. 2252(h)) is amended by adding at the end the following: “(3) (A) Not later than the date on which the Textiles Agreement enters into force with respect to the United States, the Secretary of Commerce shall publish in the Federal Register a list of all articles that are subject to the Textiles Agreement. An investigation may be conducted under this section concerning imports of any article that is subject to the Textiles Agreement only if the United States has integrated that article into GATT 1994 pursuant to the Textiles Agreement, as set forth in notices published in the Federal Register by the Secretary of Commerce, including the notice published under section 331 of the Uruguay Round Agreements Act. “(B) For purposes of this paragraph: “(i) The term Textiles Agreement’ means the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act. “(ii) The term ‘GATT 1994’ has the meaning given that term in section 2(1)(B) of the Uruguay Round Agreements Act.”. SEC. 302. ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT INJURY. (a) Authority to Enter Into International Agreements.— Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is amended— (1) in subsection (a)(3)(E) by striking “orderly marketing”; (2) in subsection (d)(1) by striking “orderly marketing agreements” and inserting “agreements described in subsection (a)(3)(E)”; (3) in subsection (f)— (A) in the subsection heading by striking “Orderly Marketing and Other” and inserting “Certain”; (B) in paragraph (1)— (i) by striking “orderly marketing agreements” the first place it appears and inserting “agreements of the type described in subsection (a)(3)(E)”; and (ii) by striking “orderly marketing agreements with foreign countries” and inserting “agreements of the type described in subsection (a)(3)(E)”; and (C) in paragraph (2) by striking “orderly marketing agreement implemented under subsection (a)” and inserting “agreement implemented under subsection (a)(3)(E)”; and (4) in subsection (g)(2)— (A) in the first sentence by striking “orderly marketing or other”; and (B) in the second sentence— (i) by striking “orderly marketing agreement” and inserting “agreement of the type described in subsection (a)(3)(E) that is”; and (ii) by striking “agreements” and inserting “agreement”. (b) Limitations on Actions.— (1) Duration of actions.— Section 203(e)(1) of the Trade Act of 1974 (19 U.S.C. 2253(e)) is amended to read as follows: “(1) (A) Subject to subparagraph (B), the duration of the period in which an action taken under this section may be in effect shall not exceed 4 years. Such period shall include the period, if any, in which provisional relief under section 202(a) was in effect “(B) (i) Subject to clause (ii), the President, after receiving an affirmative determination from the Commission under section 204(c) (or, if the Commission is equally divided in its determination, a determination which the President considers to be an affirmative determination of the Commission), may extend the effective period of any action under this section if the President determines that— “(I) the action continues to be necessary to prevent or remedy the serious injury; and “(II) there is evidence that the domestic industry is making a positive adjustment to import competition. “(ii) The effective period of any action under this section, including any extensions thereof, may not, in the aggregate, exceed 8 years.”. (2) Limitation on quantitative restrictions.— Section 203(e)(4) of the Trade Act of 1974 (19 U.S.C. 2253(e)(4)) is amended to read as follows: “(4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the average quantity or value of such article entered into the United States in the most recent 3 years that are representative of imports of such article and for which data are available, unless the President finds that the importation of a different quantity or value is clearly justified in order to prevent or remedy the serious injury.”. (3) Phasing-down of actions.— Section 203(e)(5) of the Trade Act of 1974 (19 U.S.C. 2253(e)(5)) is amended to read as follows: “(5) An action described in subsection (a)(3)(A), (B), or (C) that has an effective period of more than 1 year shall be phased down at regular intervals during the period in which the action is in effect.”. (4) Limitations on new actions and investigations of same article.— (A) Section 203(e) of the Trade Act of 1974 (19 U.S.C. 2253(e)) is amended by adding at the end the following: “(7) (A) If an article was the subject of an action under subparagraph (A). (B), (C), or (E) of subsection (a)(3), no new action may be taken under any of those subparagraphs with respect to such article for— “(i) a period beginning on the date on which the previous action terminates that is equal to the period in which the previous action was in effect or “(ii) a period of 2 years beginning on the date on which the previous action terminates, whichever is greater. “(B) Notwithstanding subparagraph (A), if the previous action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) with respect to an article was in effect for a period of 180 days or less, the President may take a new action under any of those subparagraphs with respect to such article if— “(i) at least 1 year has elapsed since the previous action went into effect; and “(ii) an action described in any of those subparagraphs has not been taken with respect to such article more than twice in the 5-year period immediately preceding the date on which the new action with respect to such article first becomes effective.”. (B) Section 202(h)(2) of the Trade Act of 1974 (19 U.S.C. 2252(h)(2)) is amended to read as follows: “(2) No new investigation shall be conducted with respect to an article that is or has been the subject of an action under section 203(a)(3)(A), (B), (C), or (E) if the last day on which the President could take action under section 203 in the new investigation is a date earlier than that permitted under section 203(e)(7).”. (c) Reports on Monitoring.— Section 204(a) of the Trade Act 19 USC 2254. of 1974 (19 U.S.C. 2354(a)) is amended— (1) by amending paragraph (2) to read as follows: “(2) If the initial period during which the action taken under section 203 is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect”; and (2) in paragraph (4) by striking “extension,”. (d) Investigation of Extension of Action.— Section 204 of the Trade Act of 1974 (19 U.S.C. 2254) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: “(c) Extension of Action.— “(1) Upon request of the President, or upon petition on behalf of the industry concerned filed with me Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any action taken under section 203 is to terminate, the Commission shall investigate to determine whether action under section 203 continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition. “(2) The Commission snail publish notice of the commencement Federal Register, publication. of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. “(3) The Commission shall transmit to the President a Reports. report on its investigation and determination under this subsection not later than 60 days before the action under section 203 is to terminate, unless the President specifies a different date.”. SEC. 303. MISCELLANEOUS AMENDMENTS. Title II of the Trade Act of 1974 is amended as follows: (1) Section 202(a)(2)(B)(u) (19 U.S.C. 2252(a)(2)(B)(ii)) is amended by striking “, or at any time before the 150th day after the date of filing be amended to request,”. (2) Section 202(b)(l)(A) (19 U.S.C. 2252(b)(l)(A)) is amended by striking “(b)” and inserting “(a)”. (3) Section 202(d)(1) (19 U.S.C. 2252(d)(l)) is amended— (A) in subparagraph (C)(i) by striking “paragraph (2)” and inserting “subparagraph (B)”; and (B) by striking “or threat thereof” each place it appears in subparagraphs (E) and (G). (4) Section 202(d)(4)(A)(i) (19 U.S.C. 2252(d)(4)(A)(i)) is amended by striking “203(a)” and inserting “202(b)”. (5) Section 202(c)(6) (19 U.S.C. 2252(c)(6)) is amended by striking “subsection” and inserting “section”. (6) Section 202(f)(2)(G)(ii) (19 U.S.C. 2252(f)(2)(G)(ii)) is amended by striking “is” and inserting “are”. (7) Section 203(a)(2)(C) (19U.S.C. 2253(a)(2)(C)) is amended by striking “201(b)” and inserting “202(a)”. (8) Section 203(c) (19 U.S.C. 2253(c)) is amended by striking “(c)(2)” and inserting “(d)(2)”. (9) Section 203(e)(2) (19 U.S.C. 2253(e)(2)) is amended— (A) by striking “may be taken under subsection (a)(1) (A), (B), or (C) or under section 202(d)(2)(B)” and inserting “of a type described in subsection (a)(3)(A), (B), or (C) may be taken under subsection (a)(1), under section 202(d)(1)(G), or under section 202(d)(2)(D)”; and (B) by striking “or threat thereof”. (10) Section 203(e)(6)(B) (19 U.S.C. 2253(e)(6)(B)) is amended— (A) by striking “203(c)” and inserting “202(e)”; and (B) by striking “203(a)” and inserting “202(b)”. SEC. 304. EFFECTIVE DATE. (a) In General.— Except as provided in subsection (b), this subtitle and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States. (b) Section 301(b).— The amendment made by section 301(b) takes effect on the date of the enactment of this Act. Subtitle B— Foreign Trade Barriers and Unfair Trade Practices SEC. 311. IDENTIFICATION OF FOREIGN ANTICOMPETITIVE PRACTICES. (a) Report to Congress.— (1) Contents of report.— Section 181(b)(2) of the Trade Act of 1974 (19 U.S.C. 2241(b)(2)) is amended— (A) in subparagraph (A) by striking “or” after the comma; (B) in subparagraph (B) by striking the period and inserting “, of”; and (C) By adding after subparagraph (B) the following: “(C) a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services.”. (2) Assistance of other agencies.— Section 181(c) of the Trade Act of 1974 (19 U.S.C. 2241(c)) is amended by adding at the end of paragraph (1) the following: “In preparing the section of the report required by subsection (b)(2)(C), the Trade Representative shall consult in particular with the Attorney General.”. SEC. 312. CONSULTATION WITH COMMITTEES. Section 181(b)(3) of the Trade Act of 1974 (19 U.S.C. 2241(b)(3)) is amended by adding at the end the following: “After the submission of the report required by paragraph (1), the Trade Representative shall also consult periodically with, and take into account the views of, the committees described in that paragraph regarding means to address the foreign trade barriers identified in the report, including the possible initiation of investigations under section 302 or other trade actions.”. SEC. 313. IDENTIFICATION OF COUNTRIES THAT DENY PROTECTION OF INTELLECTUAL PROPERTY RIGHTS. Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is amended— (1) in subsection (b) by adding at the end the following: “(4) In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account— “(A) the history of intellectual property laws and practices of the foreign country, including any previous identification under subsection (a)(2), and “(B) the history of efforts of the United States, and the response of the foreign country, to achieve adequate and effective protection and enforcement of intellectual property rights.”; and (2) in subsection (d)— (A) in paragraph (3) by amending the matter preceding subparagraph (A) to read as follows: “(3) A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright or related right, patent, trademark, mask work, trade secret, or plant breeder’s right, through the use of laws, procedures, practices, or regulations which— and (B) by adding at the end the following: “(4) A foreign country may be determined to deny adequate and effective protection of intellectual property rights, notwithstanding the tact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.”; and (3) by adding at the end the following: “(g) Annual Report.— The Trade Representative shall, by not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights.”. SEC. 314. AMENDMENTS TO TITLE HI OF THE TRADE ACT OF 1974. (a) Scope of Authority.— (1) In general.— Subsections (a)(1) and (b)(2) of section 301 of the Trade Act of 1974 (19 U.S.C. 2411(a)(1) and (b)(2)) are each amended by adding the following sentence at the end: “Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.”. (2) Import restrictions.— Section 301(c)(5) of the Trade Act of 1974 (19 U.S.C. 2411(c)(5)) is amended by striking the matter preceding subparagraph (B) and inserting the following: “(5) If the Trade Representative determines that actions to be taken under subsection (a) or (b) are to be in the form of import restrictions, the Trade Representative shall— “(A) give preference to the imposition of duties over the imposition of other import restrictions, and”. (b) Relationship With Other Authorities.— Section 301(c) of the Trade Act of 1974 (19 U.S.C. 2411(c)) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking “or” after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: “(C) in a case in which the act, policy, or practice also fails to meet the eligibility criteria for receiving duty-free treatment under subsections (b) and (c) of section 502 of this Act, subsections (b) and (c) of section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b) and (c)), or subsections (c) and (d) of section 203 of the Andean Trade Preference Act (19 U.S.C. 3202(c) and (d)), withdraw, limit, or suspend such treatment under such provisions, notwithstanding the provisions of subsection (a)(3) of this section; or”. (c) Definition of an Unreasonable Act, Policy, or Practice.— Section 301(d)(3) of the Trade Act of 1974 (19 U.S.C. 241 l(d)(3)) is amended— (1) in subparagraph (B)(i) by striking subclauses (II) and (III) and inserting the following: “(II) provision of adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act, “(III) nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection, or “(IV) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by enterprises or among enterprises in the foreign country that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a foreign market,”; and (2) by adding at the end the following: “(F) (i) For the purposes of subparagraph (B)(i)(II), adequate and effective protection of intellectual property rights includes adequate and effective means under the laws of the foreign country for persons who are not citizens or nationals of such country to secure, exercise, and enforce rights and enjoy commercial benefits relating to patents, trademarks, copyrights and related rights, mask works, trade secrets, and plant breeder’s rights. “(ii) For purposes of subparagraph (B)(i)(IV), the denial of fair and equitable nondiscriminatory market access opportunities includes restrictions on market access related to the use, exploitation, or enjoyment of commercial benefits derived from exercising intellectual property rights in protected works or fixations or products embodying protected works.”. (d) Time Limits For Determinations of Unfair Trade Practices.— Section 304(a) of the Trade Act of 1974 (19 U.S.C. 2414(a)) is amended— (1) in subparagraph (A) of paragraph (2), by striking “(other than the agreement on subsidies and countervailing measures described in section 2(c)(5) of the Trade Agreements Act of 1979)”, (2) (A) in subparagraph (A) of paragraph (3), by inserting “does not consider that a trade agreement, including the Agreement on Trade-Related Aspects of Intellectual Property (referred to in section 101(d)(15) of the Uruguay Round Agreements Act), is involved or” after “the Trade Representative” the first place it appears, and (B) in subparagraph (B) of paragraph (3), in the matter preceding clause (i), by striking “any investigation initiated by reason of section 302(b)(2)” and inserting “an investigation initiated by reason of section 302(b)(2) (other than an investigation involving a trade agreement)”, and (3) in paragraph (4), by striking “(other than the agreement on subsidies and countervailing measures described in section 2(c)(5) of the Trade Agreements Act of 1979)”. (e) Monitoring of Foreign Compliance.— Subsections (a) and (b) of section 306 of the Trade Act of 1974 (19 U.S.C. 2416) are amended to read as follows: “(a) In General.— The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this chapter or subject to dispute settlement proceedings to enforce the rights of the United States under a trade agreement providing for such proceedings. “(b) Further Action — “(1) In general.— If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 301(a). For purposes of section 301, any such determination shall be treated as a determination made under section 304(a)(1).”. “(2) WTO dispute settlement recommendations.— If the measure or agreement referred to in subsection (a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the Trade Representative considers that the foreign country has failed to implement it, the Trade Representative shall make the determination in paragraph (1) no later than 30 days after the expiration of the reasonable period of time provided for such implementation under paragraph 21 of the Understanding on Rules and Procedures Governing the Settlement of Disputes that is referred to in section 101(d)(16) of the Uruguay Round Agreements Act”. (f) Extension of Section 310 of the Trade Act of 1974.— Section 310 of the Trade Act of 1974 (19 U.S.C. 2420) is amended to read as follows: “SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. “(a) Identification.— “(1) Within 180 days after the submission in calendar year 1995 of the report required by section 181(b), the Trade Representative shall— “(A) review United States trade expansion priorities, “(B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent, and “(C) submit to the Committee on Finance of the Senate Reports. Federal Register, publication. and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices identified. “(2) In identifying priority foreign country practices under paragraph (1) of this section, the Trade Representative shall take into account all relevant factors, including— “(A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b); “(B) the trade agreements to which a foreign country is a party and its compliance with those agreements; “(C) the medium- and long-term implications of foreign government procurement plans; and “(D) the international competitive position and export potential of United States products and services. “(3) The Trade Representative may include in the report, if appropriate— “(A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and “(B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries and progress is being made toward the elimination of such practices. “(b) Initiation of Investigations.— By no later than the date which is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(l), the Trade Representative shall initiate under section 302(b)(1) investigations under this chapter with respect to all of the priority foreign country practices identified. “(c) Agreements for the Elimination of Barriers.— In the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (b), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits. “(d) Reports.— The Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (b) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States.”. SEC. 315. OBJECTIVES IN INTELLECTUAL PROPERTY. It is the objective of the United States— (1) to accelerate the implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15), (2) to seek enactment and effective implementation by foreign countries of laws to protect and enforce intellectual property rights that supplement and strengthen the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) and the North American Free Trade Agreement and, in particular— (A) to conclude bilateral and multilateral agreements that create obligations to protect and enforce intellectual property rights that cover new and emerging technologies and new methods of transmission and distribution, and (B) to prevent or eliminate discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights, (3) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection, (4) to take an active role in the development of the intellectual property regime under the World Trade Organization to ensure that it is consistent with other United States objectives, and (5) to take an active role in the World Intellectual Property Organization (WIPO) to develop a cooperative and mutually supportive relationship between the World Trade Organization and WIPO. SEC. 316. EFFECTIVE DATE. (a) In General.— Except as provided in subsection (b), this subtitle and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States. (b) Section 314(f).— The amendment made by section 314(f) takes effect on the date of the enactment of this Act. Subtitle C— Unfair Practices in Import Trade SEC. 321. UNFAIR PRACTICES IN IMPORT TRADE. (a) Amendments to Section 337 of the Tariff Act of 1930— Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended as follows: (1) Investigation.— Subsection (b) is amended— (A) Time Limits” in the heading; (B) in paragraph (1) by striking all that follows the second sentence and inserting the following: “The Commission shall conclude any such investigation and make its determination under this section at the earliest practicable time after the date of publication of notice of such investigation. To promote expeditious adjudication, the Commission shall, within 45 days after an investigation is initiated, establish a target date for its final determination.”; and (C) in paragraph (3)— (i) in the first sentence— (I) by striking “the Tariff Act of 1930” and inserting “this Act”, and (II) by striking “such Act” and inserting “such subtitle”; and (ii) by striking the fifth sentence. (2) Determination; review.— Subsection (c) is amended— (A) in the first sentence by striking “a settlement agreement” and inserting “an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration”; (B) by inserting the following after the third sentence: “A respondent may raise any counterclaim in a manner prescribed by the Commission. Immediately after a counter-claim is received by the Commission, the respondent raising such counterclaim shall file a notice of removal with a United States district court in which venue for any of the counterclaims raised by the party would exist under section 1391 of title 28, United States Code. Any counter-claim raised pursuant to this section shall relate back to the date of the original complaint in the proceeding before the Commission. Action on such counterclaim shall not delay or affect the proceeding under this section, including the legal and equitable defenses that may be raised under this subsection.”; and (C) by adding at the end the following: “Determinations by the Commission under subsections (e), (f), and (j) with respect to forfeiture of bonds and under subsection (h) with respect to the imposition of sanctions for abuse of discovery or abuse of process shall also be reviewable in accordance with section 706 of title 5, United States Code.”. (3) Entry under bond.— Subsection (e) is amended— (A) in the last sentence of paragraph (1) by striking “determined by the Commission” and all that follows through the end of the sentence and inserting “prescribed by the Secretary in an amount determined by the Commission to be sufficient to protect the complainant from any injury. If the Commission later determines that the respondent has violated the provisions of this section, the bond may be forfeited to the complainant.”; (B) by adding at the end of paragraph (2) the following: “If the Commission later determines that the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent.”; and (C) by adding at the end the following new paragraph: “(4) The Commission shall prescribe the terms and conditions under which bonds may be forfeited under paragraphs (1) and (2).”. (4) Cease and desist orders.— Subsection (f)(1) is amended by adding at the end the following: “If a temporary cease and desist order is issued in addition to, or in lieu of, an exclusion order under subsection (e), the Commission may require the complainant to post a bond, in an amount determined by the Commission to be sufficient to protect the respondent from any injury, as a prerequisite to the issuance of an order under this subsection. If the Commission later determines that the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent. The Commission shall prescribe the terms and conditions under which the bonds may be forfeited under this paragraph.”. (5) Conditions applicable for general exclusion orders.— (A) Subsection (d) is amended— (i) by inserting “(1)” before “If”; (ii) in the first sentence by striking “there is violation” and inserting “there is a violation”; and (iii) by adding at the end the following new paragraph: “(2) The authority of the Commission to order an exclusion from entry of articles shall be limited to persons determined by the Commission to be violating this section unless the Commission determines that— “(A) a general exclusion from entry of articles is necessary to prevent circumvention of an exclusion order limited to products of named persons; or “(B) there is a pattern of violation of this section and it is difficult to identify the source of infringing products.”. (B) Subsection (g)(2) is amended— (i) by striking “and” at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting “, and”; and (iii) by adding after subparagraph (B) the following: “(C) the requirements of subsection (d)(2) are met.”. (6) Entry under bond after referral to the president.— Subsection (j)(3) is amended by striking “shall be entitled to entry under bond” and all that follows through the end of the sentence and inserting “shall, until such determination becomes final, be entitled to entry under bond prescribed by the Secretary in an amount determined by the Commission to be sufficient to protect the complainant from any injury. If the determination becomes final, the bond may be forfeited to the complainant The Commission shall prescribe the terms and conditions under which bonds may be forfeited under this paragraph.”. (7) Access to confidential information.— Subsection (n)(2) is amended— (A) by amending subparagraph (A) to read as follows: “(A) an officer or employee of the Commission who is directly concerned with— “(i) carrying out the investigation or related proceeding in connection with which the information is submitted, “(ii) the administration of a bond posted pursuant to subsection (e), (f), or (j), “(iii) the administration or enforcement of an exclusion order issued pursuant to subsection (d), (e), or (g), a cease-and-desist order issued pursuant to subsection (f), or a consent order issued pursuant to subsection (c), “(iv) proceedings for the modification or rescission of a temporary or permanent order issued under subsection (d), (e), (f), (g), or (i), or a consent order issued under this section, or “(v) maintaining the administrative record of the investigation or related proceeding,”; and (B) by amending subparagraph (C) to read as follows: “(C) an officer or employee oi the United States Customs Service who is directly involved in administering an exclusion from entry under subsection (d), (e), or (g) resulting from the investigation or related proceeding in connection with which the information is submitted.”. (8) Technical amendment.— Subsection (1) is amended by striking “Claims Court” and inserting “Court of Federal Claims”. (b) Amendments to Title 28, United States Code.— (1) Stay of actions.— (A) In general.— Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: “§ 1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission “(a) Stay.— In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission, but only if such request is made within— “(1) 30 days after the party is named as a respondent in the proceeding before the Commission, or “(2) 30 days after the district court action is filed, whichever is later. “(b) Use of Commission Record.— Notwithstanding section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court determines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rides of Civil Procedure”. (B) Clerical amendment.— The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: “1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission.”. (2) Counterclaims.— Section 1446 of title 28, United States Code, is amended by adding at the end the following: “(f) With respect to any counterclaim removed to a district court pursuant to section 337(c) of the Tariff Act of 1930, the district court shall resolve such counterclaim in the same manner as an original complaint under the Federal Rules of Civil Procedure, except that the payment of a filing fee shall not be required in such cases and the counterclaim shall relate back to the date of the original complaint in the proceeding before the International Trade Commission under section 337 of that Act”. (3) Jurisdiction.— (A) In general.— Chapter 85 of title 28, United States Code, is amended by adding at the end the following: “§1368. Counterclaims in unfair practices in international trade. “The district courts shall have original jurisdiction of any civil action based on a counterclaim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim in the proceeding under section 337(a) of that Act.”. (B) Clerical amendment.— The table of sections for chapter 85 of title 28, United States Code, is amended by adding at the end the following: “1368. Counterclaims in unfair practices in international trade.”. SEC. 322. EFFECTIVE DATE. The amendments made by this subtitle apply— (1) with respect to complaints filed under section 337 of the Tariff Act of 1930 on or after the date on which the WTO Agreement enters into force with respect to the United States, or (2) in cases under such section 337 in which no complaint is filed, with respect to investigations initiated under such section on or after such date. Subtitle D— Textiles SEC. 331. TEXTILE PRODUCT INTEGRATION. Not later than 120 days after the date that the WTO Agreement, Federal Register, publication. as defined in section 2(9) of the Uruguay Round Implementation Act, enters into force with respect to the United States, the Secretary of Commerce shall publish in the Federal Register a notice containing the list of products to be integrated in each stage set out in Article 2(8) of the Agreement on Textiles and Clothing referred to in section 101(d)(4). After publication of such list, the list may not be changed unless otherwise required by statute or the international obligations of the United States, to correct technical errors, or to reflect reclassifications. Within 30 days after the publication of such list, the Trade Representative shall notify the list to the Textiles Monitoring Body established under Article 8 of the Agreement on Textiles and Clothing. SEC. 332. AMENDMENT TO SECTION 204 OF THE AGRICULTURAL ACT OF 1966. Section 204 of the Agricultural Act of 1956 (7 U.S.C. 1854) is amended by amending the second sentence to read as follows: “In addition, if a multilateral agreement, including but not limited to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Implementation Act, has been or is concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such agreement, regulations governing the entry or withdrawal from warehouse of the same articles which are the products of countries not parties to the agreement, or countries to which the United States does not apply the agreement.”. SEC. 333. TEXTILE TRANSSHIPMENTS. Part V of title IV of the Tariff Act of 1930 is amended by inserting after section 592 the following: “SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN VIOLATIONS. “(a) Publication of Names of Certain Violators.— “(1) Publication.— The Secretary of the Treasury is Federal Register, publication. authorized to publish in the Federal Register a list of the name of any producer, manufacturer, supplier, seller, exporter, or other person located outside the customs territory of the United States— “(A) against whom the Customs Service has issued a penalty claim under section 592, and “(B) if a petition with respect to that claim has been filed under section 618, against whom a final decision has been issued under such section after exhaustion of administrative remedies, citing any of the violations of the customs laws referred to in paragraph (2). Such list shall be published not later than March 31 and September 30 of each year. “(2) Violations.— The violations of the customs laws referred to in paragraph (1) are the following: “(A) Using documentation, or providing documentation subsequently used by the importer of record, which indicates a false or fraudulent country of origin or source of textile or apparel products. “(B) Using counterfeit visas, licenses, permits, bills of lading, or similar documentation, or providing counterfeit visas, licenses, permits, bills of lading, or similar documentation that is subsequently used by the importer of record, with respect to the entry into the customs territory of the United States of textile or apparel products. “(C) Manufacturing, producing, supplying, or selling textile or apparel products which are falsely or fraudulently labelled as to country of origin or source. “(D) Engaging in practices which aid or abet the trans-shipment, through a country other than the country of origin, of textile or apparel products in a manner which conceals the true origin of the textile or apparel products or permits the evasion of quotas on, or voluntary restraint agreements with respect to, imports of textile or apparel products. “(3) Removal from list.— Any person whose name has been included in a list published under paragraph (1) may petition the Secretary to be removed from such list. If the secretary finds that such person has not committed any violations described in paragraph (2) for a period of not less than 3 years after the date on which the person’s name was so published, the Secretary shall remove such person from the list as of the next publication of the list under paragraph (2). “(4) Reasonable care required for subsequent imports.— “(A) Responsibility of importers and others.— After the name of a person has been published under paragraph (1), the Secretary of the Treasury shall require any importer of record entering, introducing, or attempting to introduce into the commerce of the United States textile or apparel products that were either directly or indirectly produced, manufactured, supplied, sold, exported, or transported by such named person to show, to the satisfaction of the Secretary, that such importer has exercised reasonable care to ensure that the textile or apparel products are accompanied by documentation, packaging, and labelling that are accurate as to its origin. Such reasonable care shall not include reliance solely on a source of information which is the named person. “(B) Failure to exercise reasonable care.— If the Customs Service determines that merchandise is not from the country claimed on the documentation accompanying the merchandise, the failure to exercise reasonable care described in subparagraph (A) shall be considered when the Customs Service determines whether the importer of record is in violation of section 484(a). “(b) List of High Risk Countries.— “(1) List.— The President or his designee, upon the advice Federal Register, publication. of the Secretaries of Commerce and Treasury, and the heads of other appropriate departments and agencies, is authorized to publish a list of countries in which illegal activities have occurred involving transshipped textile or apparel products or activities designed to evade quotas of the United States on textile or apparel products, if those countries fail to demonstrate a good faith effort to cooperate with United States authorities in ceasing such activities. Such list shall be published in the Federal Register not later than March 31 of each year. Any country that is on the list and that subsequently demonstrates a good faith effort to cooperate with United States authorities in ceasing illegal activities described in the first sentence shall be removed from the list, and such removal shall be published in the Federal Register as soon as practicable. “(2) Reasonable care required for subsequent imports.— “(A) Responsibility of importers of record.— The Secretary of the Treasury shall require any importer of record entering, introducing, or attempting to introduce into the commerce of the United States textile or apparel B’ its indicated, on the documentation, packaging, or labelling accompanying such products, to be from any country on the list published under paragraph (1) to show, to the satisfaction of the Secretary, that such importer, consignee, or purchaser has exercised reasonable care to ascertain the true country of origin of the textile or apparel products. “(B) Failure to exercise reasonable care.— If the Customs Service determines that merchandise is not from the country claimed on the documentation accompanying the merchandise, the failure to exercise reasonable care described in subparagraph (A) shall be considered when the Customs Service determines whether the importer of record is in violation of section 484(a). “(3) Definition.— For purposes of this subsection, the term ‘country’ means a foreign country or territory, including any overseas dependent territory or possession of a foreign country.”. SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL PRODUCTS. (a) Regulatory Authority.— The Secretary of the Treasury shall prescribe rules implementing the principles contained in subsection (b) for determining the origin of textiles and apparel products. Such rules shall be promulgated in final form not later than July 1, 1995. (b) Principles.— (1) In general.— Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a country, territory, or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if— (A) the product is wholly obtained or produced in that country, territory, or possession; (B) the product is a yarn, thread, twine, cordage, rope, cable, or braiding and— (i) the constituent staple fibers are spun in that country, territory, or possession, or (ii) the continuous filament is extruded in that country, territory, or possession, (C) the product is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession; or (D) the product is any other textile or apparel product that is wholly assembled in that country, territory, or possession from its component pieces. (2) Special rules.— Notwithstanding paragraph (1)(D)— (A) the origin of a good that is classified under one of the following HTS headings or subheadings shall be determined under subparagraph (A), (B), or (C) of paragraph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, or 9404.90; and (B) a textile or apparel product which is knit to shape shall be considered to originate in, and be the growth, product, or manufacture of, the country, territory, or possession in which it is knit. (3) Multicountry rule.— If the origin of a good cannot be determined under paragraph (1) or (2), then that good shall be considered to originate in, and be the growth, product, or manufacture of— (A) the country, territory, or possession in which the most important assembly or manufacturing process occurs, or (B) if the origin of the good cannot be determined under subparagraph (A), the last country, territory, or possession in which important assembly or manufacturing occurs. (4) Components cut in the united states.— (A) The value of a component that is cut to shape (but not to length, width, or both) in the United States from foreign fabric and exported to another country, territory, or insular possession for assembly into an article that is then returned to the United States— (i) shall not be included in the dutiable value of such article, and (ii) may be applied toward determining the percentage referred to in General Note 7(b)(i)(B) of the HTS, subject to the limitation provided in that note. (B) No article (except a textile or apparel product) assembled in whole of components described m subparagraph (A), or of such components and components that are products of the United States, in a beneficiary country as defined in General Note 7(a) of the HTS shall be treated as a foreign article, or as subject to duty if— (i) the components after exportation from the United States, and (ii) the article itself before importation into the United States do not enter into the commerce of any foreign country other than such a beneficiary country. (5) Exception for united states-israel free trade agreement.— This section shall not affect, for purposes of the customs laws and administration of quantitative restrictions, the status of goods that, under rulings and administrative practices in effect immediately before the enactment of this Act, would have originated in, or been the growth, product, or manufacture of, a country that is a party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1987. For such purposes, such rulings and administrative practices that were applied, immediately before the enactment of this Act, to determine the origin of textile and apparel products covered by such agreement shall continue to apply after the enactment of this Act, and on and after the effective date described in subsection (c), unless such rulings and practices are modified by the mutual consent of the parties to the agreement. (c) Effective Date.— This section shall apply to goods entered, or withdrawn from warehouse, for consumption on or after July 1, 1996, except that this section shall not apply to goods if— (1) the contract for the sale of such goods to the United States is entered into before July 20, 1994; (2) all of the material terms of sale in such contract, including the price and quantity of the goods, are fixed and determinable before July 20, 1994; (3) a copy of the contract is filed with the Commissioner of Customs within 60 days after the date of the enactment of this Act, together with a certification that the contract meets the requirements of paragraphs (1) and (2); and (4) the goods are entered, or withdrawn from warehouse, for consumption on or before January 1, 1998. The origin of goods to which this section does not apply shall be determined in accordance with the applicable rules in effect on July 20, 1994. SEC. 335. EFFECTIVE DATE. Except as provided in section 334, this subtitle and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States. Subtitle E— Government Procurement SEC. 341. MONITORING AND ENFORCEMENT OF THE AGREEMENT ON GOVERNMENT PROCUREMENT. (a) In General.— Section 305(f)(2) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(f)(2)) is amended— (1) in the matter preceding subparagraph (A), by striking “a year” and inserting “the 18 months”, (2) by striking “or” at the end of subparagraph (B), (3) by redesignating subparagraph (C) as subparagraph (D), and (4) by inserting after subparagraph (B), the following new subparagraph: “(C) the procedures result in a determination providing a specific period of time for the other participant to bring its practices into compliance with the Agreement, or”. (b) Sanctions After Dispute Resolution Fails.— (1) Sanctions.— Paragraph (3) of section 305(f) of such Act (19 U.S.C. 2515(0(3)) is amended to read as follows: “(3) Sanctions after dispute resolution fails.— “(A) Failures resulting in sanctions.— If— “(i) within 18 months from the date dispute settlement procedures are initiated with a signatory country pursuant to this section— “(I) such procedures are not concluded, or “(II) the country has not met the requirements of subparagraph (A) or (B) of paragraph (2), or “(ii) the period of time provided for pursuant to paragraph (2)(C) has expired and procedures for suspending concessions under the Agreement have been completed, then the sanctions described in subparagraph (B) shall be imposed. “(B) Sanctions.— “(i) In general.— If subparagraph (A) applies to any signatory country— “(I) the signatory country shall be considered as a signatory not in good standing of the Agreement and the prohibition on procurement contained in section 4 of the Act of March 3, 1933 (41 U.S.C. 10b-1) shall apply to such country, and “(II) the President shall revoke the waiver of discriminatory purchasing requirements granted to the signatory country pursuant to section 301(a). “(ii) Time sanctions are imposed.— Any sanction— “(I) described in clause (i)(1) shall apply from the date that is the last day of the 18-month period described in subparagraph (A)(i) or, in the case of paragraph (2)(C), from the date procedures for suspending concessions under the Agreement have been completed, and “(II) described in clause (i)(II) shall apply beginning on the day after the date described in subclause (I).”. (2) Conforming amendment.— Paragraph (4) of section 305(f) of such Act (19 U.S.C. 2515(0(4)) is amended by striking “subparagraph (A) or (B) of paragraph (3)” and inserting “subclause (I) or (II) of paragraph (3)(B)(i)”. (c) Report to Congress.— (1) Section 305(d)(2) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(d)(2)) is amended by adding at the end the following new subparagraphs: “(D) (i) are not signatories to the Agreement; “(ii) fail to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement; and “(iii) whose products or services are acquired in significant amounts by the United States Government; or “(E) (i) are not signatories to the Agreement; “(ii) fail to maintain and enforce effective prohibitions on bribery and other corrupt practices in connection with government procurement; and “(iii) whose products or services are acquired in significant amounts by the United States Government.”. (2) Section 305(d)(3)(C) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(d)(3)(C)) is amended by adding before the period at the end the following: “, including the failure to maintain and enforce effective prohibitions on bribery and other corrupt practices in connection with government procurement”. SEC. 342. CONFORMING AMENDMENTS. (a) Waiver of Discriminatory Purchasing Requirements Regarding Purchases of Civil Aircraft.— Section 303 of the Trade Agreements Act of 1979 (19 U.S.C. 2513) is amended by inserting “referred to in section 2(c) and approved under section 2(a)” after “Civil Aircraft”. (b) Expansion of Coverage of the Agreement.— Section 304 of the Trade Agreements Act of 1979 (19 U.S.C. 2514) is amended— (1) in subsections (a) and (c) by striking “part IX, paragraph 6” and inserting “article XXIV(7)”; (2) in subsection (c) by striking “part VI, paragraph 9” and inserting “article XIX(5)”; and (3) in subsection (e) by striking “date of enactment of this Act” and inserting “date it enters into force with respect to the United States”. (c) Annual Report on Foreign Discrimination.— Section 305(d) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(d)) is amended by striking out “April 30, 1990, and annually on April 30 thereafter,” and inserting “April 30 of each year,”. (d) Labor Surplus Area Studies.— Section 306 of the Trade Agreements Act of 1979 (19 U.S.C. 2516), and the item relating to such section in the table of contents for such Act, are repealed. (e) Availability of Information to Congressional Advisors.— Section 307 of the Trade Agreements Act of 1979 (19 U.S.C. 2517) is amended by striking “part VI, paragraph 9,” and inserting “article XIX(5)”. (f) Definitions.— Section 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2518) is amended— (1) in paragraph (1) by striking “section 2(c) of this Act” and inserting “section 101(d)(17) of the Uruguay Round Agreements Act”; and (2) in paragraph (4)— (A) in subparagraph (C) by striking “having a contract value” and all that follows through the end of the subpara-graph and inserting “for which the United States is obligated to waive Buy National restrictions under— “(i) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or “(ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.”; and (B) in subparagraph (D) by striking “GATT’ the first place it appears and all that follows through the end of the subparagraph and inserting “the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement”. (g) Conforming Amendments.— Section 401 of the Rural Electrification Act of 1938 (7 U.S.C. 903 note) is amended— (1) by striking “, Mexico, or Canada” each place that it appears and inserting “or in any eligible country”; and (2) by adding at the end the following: “For purposes of this section, an ‘eligible country’ is any country that applies with respect to the United States an agreement ensuring reciprocal access for United States products and services and United States suppliers to the markets of that country, as determined by the United States Trade Representative.”. SEC. 343. RECIPROCAL COMPETITIVE PROCUREMENT PRACTICES. (a) Applicability.— Section 302(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(a)) is amended to read as follows: “(a) Authority To Bar Procurement From Non-Designated Countries.— “(1) In general.— Subject to paragraph (2), the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products— “(A) shall, with respect to procurement covered by the Agreement, prohibit the procurement, after the date on which any waiver under section 301(a) first takes effect, of products— “(i) which are products of a foreign country or instrumentality which is not designated pursuant to section 301(b), and “(ii) which would otherwise be eligible products; and “(B) may, with respect to procurement covered by the Agreement, take such other actions within the President’s authority as the President deems necessary. “(2) Exception.— Paragraph (1) shall not apply in the case of procurements for which— “(A) there are no offers of products or services of the United States or of eligible products; or “(B) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements or the United States Government.”. (b) Additional Waiver Authority.— Section 302(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)) is amended— (1) by amending paragraph (1) to read as follows: “(1) waive the prohibition required by subsection (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but— “(A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and “(B) maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement;”; and (2) by adding after paragraph (3) the following: “Before exercising the waiver authority under paragraph (1), the President. President shall consult with the appropriate private sector advisory committees established under section 135 of the Trade Act of 1974 and with the appropriate committees of the Congress.”. (c) Conforming Amendment.— Section 305(g) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)) is amended— (1) in paragraph (1)— (A) by striking “(B) or (C)” and inserting “(B), (C), (D), or (E)”; and (B) by striking “their discriminatory procurement practices” and inserting “the practices regarding government procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may be)”; and (2) in paragraph (3) by striking “discrimination identified pursuant to subsection (d)(2)(B) or (C)” and inserting “the practices regarding government procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may be)”. SEC. 344. EFFECTIVE DATE. (a) In General.— Except as provided in subsection (b), the amendments made by this subtitle take effect on the date on which the Agreement on Government Procurement referred to in section 101(d)(17) enters into force with respect to the United States. (b) Section 342(g).— The amendments made by section 342(g) take effect on the date on which the WTO Agreement enters into force with respect to the United States. Subtitle F— Technical Barriers to Trade SEC. 351. TECHNICAL BARRIERS TO TRADE. (a) References.— All references in this section are to title IV of the Trade Agreements Act of 1979 (19 U.S.C. 2531 et seq.) unless otherwise specified. (b) Section 401.— Section 401 is amended— 19 USC 2531. (1) by striking “Nothing” and inserting “(b) Unnecessary Obstacles.—Nothing”; and (2) by inserting after the section heading the following: “(a) No Bar To Engaging in Standards Activity.— Nothing in this title may be construed— “(1) to prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or “(2) to limit the authority of a Federal agency to determine the level it considers appropriate of safety or of protection of human, animal, or plant life or health, the environment, or consumers.”. (c) Section 402.— Section 402(4) is amended— (1) “Certification access” in the paragraph heading and inserting “Access”; (2) by striking “certification system” and inserting “conformity assessment procedure”; and (3) by striking “certification under that system” and inserting “an assessment of conformity and the mark of the system, if any”. (d) Section 414.— Section 414(b)(1) is amended— (1) by inserting “(A)” after “relating to”; (2) by striking “certification systems” and inserting “technical regulations, conformity assessment procedures,”; (3) by striking “such standards, systems” and inserting “such standards, technical regulations, conformity assessment procedures,”; and (4) after “local” by inserting “and (B) the membership and participation of Federal, State, or local government bodies or private bodies in the United States in international and regional standardizing bodies and conformity assessment systems, as well as in bilateral and multilateral arrangements concerning standards-related activities”. (e) Definitions.— Section 451 is amended— (1) so that paragraph (1) reads as follows: “(1) Agreement.— The term ‘Agreement means the Agreement on Technical Barriers to Trade referred to in section 101(d)(5) of the Uruguay Round Agreements Act.”; (2) so that paragraph (2) reads as follows: “(2) Conformity assessment procedure.— The term ‘conformity assessment procedure’ means any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.”; (3) in paragraph (4), by striking “certification system” and inserting ’‘conformity assessment procedure” each place it occurs; (4) so that paragraph (6)(A) reads as follows: “(A) the membership of which is open to representatives, whether public or private, of the United States and at least all Members.”; (5) in paragraph (7), by striking “certification system” and inserting “conformity assessment procedure”; (6) so that paragraph (8) reads as follows: “(8) Member.— The term ‘Member’ means a WTO member as defined in section 2(10) of the Uruguay Round Agreements Act.”; (7) so that paragraph (13) reads as follows: “(13) Standard.— The term ‘standard’ means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products or related processes and production methods, with which compliance is not mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.”; (8) in paragraph (14), by striking “or any certification system” and inserting “, technical regulation, or conformity assessment procedure”; and (9) by redesignating paragraph (17) as paragraph (18) and inserting after paragraph (16) the following: “(17) Technical regulation.— The term ‘technical regulation’ means a document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.”. (f) Reports to Congress.— Section 453 is amended by inserting 19 USC 2573. “through 2001” after “succeeding 3-year period”. (g) Effective Date.— Title IV of the Trade Agreements Act 19 USC 2531 note. of 1979 (19 U.S.C. 2531 et seq.) is amended by striking section 454. SEC. 352. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States.

22. 1994

    Pub. L. 103–465 § 301(d)(2)(B) · 108 Stat. 4809

    Inserted · 19 U.S.C. § 2252(f)(1)

    Pub. L. 103–465, § 301(d)(2)(B), inserted “(240 days if the petition alleges that critical circumstances exist)” after “180 days”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 103–465, § 301(d)(2)(B), inserted “(240 days if the petition alleges that critical circumstances exist)” after “180 days”.

    Enacted provision · exact public law section
    (B) in subsection (f)(1) by inserting “(240 days if the petition alleges that critical circumstances exist)” after “180 days”.

23. 1994

    Pub. L. 103–465 § 303(6) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2252(f)(2)(G)(ii)

    Pub. L. 103–465, § 303(6), substituted “industry are located” for “industry is located”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(G)(ii). Pub. L. 103–465, § 303(6), substituted “industry are located” for “industry is located”.

    Enacted provision · exact public law section
    (6) Section 202(f)(2)(G)(ii) (19 U.S.C. 2252(f)(2)(G)(ii)) is amended by striking “is” and inserting “are”.

24. 1994

    Pub. L. 103–465 § 302(b)(4)(B) · 108 Stat. 4809

    Amended · 19 U.S.C. § 2252(h)(2)

    Pub. L. 103–465, § 302(b)(4)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “If an article was the subject of an investigation under this section that resulted in any action described in section 2253(a)(3)(A), (B), (C), or (E) of this title being taken under section 2253 of this title, no other investigation under this part may be initiated with respect to such article while such action is in effect or during the period beginning on the date on which such action terminates that is equal in duration to the period during which such action was in effect.”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 103–465, § 302(b)(4)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “If an article was the subject of an investigation under this section that resulted in any action described in section 2253(a)(3)(A), (B), (C), or (E) of this title being taken under section 2253 of this title, no other investigation under this part may be initiated with respect to such article while such action is in effect or during the period beginning on the date on which such action terminates that is equal in duration to the period during which such action was in effect.”

    Enacted provision · exact public law section
    (B) Section 202(h)(2) of the Trade Act of 1974 (19 U.S.C. 2252(h)(2)) is amended to read as follows: “(2) No new investigation shall be conducted with respect to an article that is or has been the subject of an action under section 203(a)(3)(A), (B), (C), or (E) if the last day on which the President could take action under section 203 in the new investigation is a date earlier than that permitted under section 203(e)(7).”.

25. 1994

    Pub. L. 103–465 § 301(f) · 108 Stat. 4809

    Added · 19 U.S.C. § 2252(h)(3)

    Pub. L. 103–465, § 301(f), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 103–465, § 301(f), added par. (3).

    Enacted provision · exact public law section
    (f) Limitations on Investigations.— Section 202(h) of the Trade Act of 1974 (19 U.S.C. 2252(h)) is amended by adding at the end the following: “(3) (A) Not later than the date on which the Textiles Agreement enters into force with respect to the United States, the Secretary of Commerce shall publish in the Federal Register a list of all articles that are subject to the Textiles Agreement. An investigation may be conducted under this section concerning imports of any article that is subject to the Textiles Agreement only if the United States has integrated that article into GATT 1994 pursuant to the Textiles Agreement, as set forth in notices published in the Federal Register by the Secretary of Commerce, including the notice published under section 331 of the Uruguay Round Agreements Act. “(B) For purposes of this paragraph: “(i) The term Textiles Agreement’ means the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act. “(ii) The term ‘GATT 1994’ has the meaning given that term in section 2(1)(B) of the Uruguay Round Agreements Act.”.

26. 1994

    Pub. L. 103–465 § 301(b) · 108 Stat. 4809

    Added · 19 U.S.C. § 2252(i)

    Pub. L. 103–465, § 301(b), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–465, § 301(b), added subsec. (i).

    Enacted provision · exact public law section
    (b) Administrative Protective Orders.— Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended by adding at the end the following: “(i) Limited Disclosure of Confidential Business Information Under Protective Order.— The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under this section.”.

27. 1996

    Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 20(c)(5) · 110 Stat. 3514

    Changed · 19 U.S.C. § 2252(d)(4)(A)(i)

    Pub. L. 104–295 made technical amendment to reference in original act which appears in text as reference to subsection (b)

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(i). Pub. L. 104–295 made technical amendment to reference in original act which appears in text as reference to subsection (b).

    Enacted provision · exact public law section
    (5) Section 202(d)(4)(A)(i) of the Trade Act of 1974 (19 U.S.C. 2252(d)(4)(A)(i)) is amended by striking “section 202(b)” and inserting “subsection (b)”.

28. 2001

    United States-Jordan Free Trade Area Implementation Act

    Pub. L. 107–43 title II § 222 · 115 Stat. 243

    1. Substituted · 19 U.S.C. § 2252(a)(8)

       Pub. L. 107–43, in first sentence, temporarily substituted “, part 1” for “and part 1”

    2. Inserted · 19 U.S.C. § 2252(a)(8)

       Pub. L. 107–43, in first sentence, temporarily inserted before period at end “, and title II of the United States-Jordan Free Trade Area Implementation Act”. See Effective and Termination Dates of 2001 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 107–43, in first sentence, temporarily substituted “, part 1” for “and part 1” and inserted before period at end “, and title II of the United States-Jordan Free Trade Area Implementation Act”. See Effective and Termination Dates of 2001 Amendment note below.

    Enacted provision · exact public law section
    SEC. 222. TECHNICAL AMENDMENT. Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and part 1” and inserting “, part 1”; and (2) by inserting before the period at the end “, and title II of the United States-Jordan Free Trade Area Implementation Act”.

29. 2003

    United States-Singapore Free Trade Agreement Implementation Act

    Pub. L. 108–78 title III § 316 · 117 Stat. 948

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 108–78, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Chile” and inserted before period at end “, and title III of the United States-Singapore Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2003 Amendments note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 108–78, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Chile” and inserted before period at end “, and title III of the United States-Singapore Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2003 Amendments note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Singapore Free Trade Agreement Implementation Act”.

30. 2003

    United States-Chile Free Trade Agreement Implementation Act

    Pub. L. 108–77 title III § 316 · 117 Stat. 909

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 108–77, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title II” and inserted before period at end “, and title III of the United States-Chile Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2003 Amendments note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–77, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title II” and inserted before period at end “, and title III of the United States-Chile Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2003 Amendments note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Chile Free Trade Agreement Implementation Act”.

31. 2004

    United States-Australia Free Trade Agreement Implementation Act

    Pub. L. 108–286 title III § 316 · 118 Stat. 919

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 108–286, §§ 106(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Singapore” and inserted before period at end “, and title III of the United States-Australia Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2004 Amendments note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–286, §§ 106(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Singapore” and inserted before period at end “, and title III of the United States-Australia Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2004 Amendments note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Australia Free Trade Agreement Implementation Act”.

32. 2004

    United States-Morocco Free Trade Agreement Implementation Act

    Pub. L. 108–302 title III § 316 · 118 Stat. 1103

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 108–302, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Australia” and inserted before period at end “, and title III of the United States-Morocco Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2004 Amendments note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 108–302, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Australia” and inserted before period at end “, and title III of the United States-Morocco Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2004 Amendments note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Morocco Free Trade Agreement Implementation Act”.

33. 2005

    Dominican Republic-Central America-United States Free Trade Agreement Implementation Act

    Pub. L. 109–53 title III § 316 · 119 Stat. 462

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 109–53, §§ 107(d), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Morocco Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2005 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 109–53, §§ 107(d), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Morocco Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2005 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act”.

34. 2006

    United States-Bahrain Free Trade Agreement Implementation Act

    Pub. L. 109–169 title III § 316 · 119 Stat. 3581

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 109–169, §§ 106(c), 316, in first sentence, temporarily struck out “and” before “title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Bahrain Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2006 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–169, §§ 106(c), 316, in first sentence, temporarily struck out “and” before “title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Bahrain Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2006 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Bahrain Free Trade Agreement Implementation Act”.

35. 2006

    United States-Oman Free Trade Agreement Implementation Act

    Pub. L. 109–283 title III § 316 · 120 Stat. 1191

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 109–283, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Bahrain Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Oman Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2006 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 109–283, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Bahrain Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Oman Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2006 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Oman Free Trade Agreement Implementation Act”.

36. 2007

    United States-Peru Trade Promotion Agreement Implementation Act

    Pub. L. 110–138 title III § 316 · 121 Stat. 1455

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 110–138, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Oman Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Peru Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2007 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 110–138, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Oman Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Peru Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2007 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States-Peru Trade Promotion Agreement Implementation Act”.

37. 2011

    United States–Panama Trade Promotion Agreement Implementation Act

    Pub. L. 112–43 title III § 316 · 125 Stat. 527

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 112–43, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States–Colombia Trade Promotion Agreement Implementation Act” and inserted before period at end “, and title III of the United States–Panama Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2011 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 112–43, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States–Colombia Trade Promotion Agreement Implementation Act” and inserted before period at end “, and title III of the United States–Panama Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2011 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States–Panama Trade Promotion Agreement Implementation Act”.

    Effective date note
    Amendment by Pub. L. 112–43 effective on the date the United States–Panama Trade Promotion Agreement enters into force (Oct. 31, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–43, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–42 effective on the date the United States–Colombia Trade Promotion Agreement enters into force (May 15, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–42, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–41 effective on the date the United States–Korea Free Trade Agreement enters into force (Mar. 15, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title.

38. 2011

    United States–Colombia Trade Promotion Agreement Implementation Act

    Pub. L. 112–42 title III § 316 · 125 Stat. 491

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 112–42, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States–Korea Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States–Colombia Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2011 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–42, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States–Korea Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States–Colombia Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2011 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States–Colombia Trade Promotion Agreement Implementation Act”.

    Effective date note
    Amendment by Pub. L. 112–43 effective on the date the United States–Panama Trade Promotion Agreement enters into force (Oct. 31, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–43, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–42 effective on the date the United States–Colombia Trade Promotion Agreement enters into force (May 15, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–42, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–41 effective on the date the United States–Korea Free Trade Agreement enters into force (Mar. 15, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title.

39. 2011

    United States–Korea Free Trade Agreement Implementation Act

    Pub. L. 112–41 title III § 316 · 125 Stat. 456

    Struck and inserted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 112–41, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Peru Trade Promotion Agreement Implementation Act” and inserted before period at end “, and title III of the United States–Korea Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2011 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–41, §§ 107(c), 316, in first sentence, temporarily struck out “and” before “title III of the United States-Peru Trade Promotion Agreement Implementation Act” and inserted before period at end “, and title III of the United States–Korea Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2011 Amendment note below.

    Enacted provision · exact public law section
    SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking “and”; and (2) by inserting before the period at the end “, and title III of the United States–Korea Free Trade Agreement Implementation Act”.

    Effective date note
    Amendment by Pub. L. 112–43 effective on the date the United States–Panama Trade Promotion Agreement enters into force (Oct. 31, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–43, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–42 effective on the date the United States–Colombia Trade Promotion Agreement enters into force (May 15, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–42, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–41 effective on the date the United States–Korea Free Trade Agreement enters into force (Mar. 15, 2012) and to cease to be effective on the date the Agreement terminates, see section 107(a), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title.

40. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 title III § 325 · 134 Stat. 11

    Substituted · 19 U.S.C. § 2252(a)(8)

    Pub. L. 116–113 substituted “, title III of the United States-Panama Trade Promotion Agreement Implementation Act, and subtitle C of title III of the United States-Mexico-Canada Agreement Implementation Act” for “and title III of the United States–Panama Trade Promotion Agreement Implementation Act”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 116–113 substituted “, title III of the United States-Panama Trade Promotion Agreement Implementation Act, and subtitle C of title III of the United States-Mexico-Canada Agreement Implementation Act” for “and title III of the United States–Panama Trade Promotion Agreement Implementation Act”.

    Enacted provision · exact public law section
    SEC. 325. CONFIDENTIAL BUSINESS INFORMATION.   Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence by striking “and title III of the United States-Panama Trade Promotion Agreement Implementation Act” and inserting “, title III of the United States-Panama Trade Promotion Agreement Implementation Act, and subtitle C of title III of the United States-Mexico-Canada Agreement Implementation Act”.

46 of 48 references resolved to an enrolled provision · 2 partial