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this paragraph, a Council for each trade impacted area in which one or more communities are certified under section 271. Such Council shall— (A) develop a proposal for an adjustment assistance plan for the economic rejuvenation of certified communities in its trade impacted area, and (B) coordinate community action under the adjustment assistance plan, as approved by the Secretary. If an appropriate entity for purposes of performing the functions specified in subparagraphs (A) and (B) already exists in such area, then the Secretary may designate such entity as the Council for such area. (2) Such Council shall include representatives of certified communities, industry, labor, and the general public located in the trade impacted area covered by the Council. (c) Upon application by a Council established under subsection (b), the Secretary is authorized to make grants to such Council for maintaining an appropriate professional and clerical staff. No grant shall be made to a Council to maintain staff after the period which ends 2 years after the date on which such Council is established or designated. (d) A Council established under this section may file an application with the Secretary for adjustment assistance under this chapter. Such application shall include the Council's proposal for an adjustment assistance plan for the communities in its trade impacted area. SEC. 273. PROGRAM BENEFITS.

19 USC 2373.

(a) Adjustment assistance under this chapter consists of— (1) all forms of assistance, other than loan guarantees, which are provided to a redevelopment area under the Public Works and Economic Development Act of 1965, and 42 USC 3121 (2) the loan guarantee program described in subsection (d). "°*^' (b) No adjustment assistance may be extended to any community or person in a trade impacted area under this chapter unless the Secretary approves the adjustment assistance plan submitted to him under section 272(d). (c) For purposes of the Public Works and Economic Development Act of 1965— (1) a trade impacted area for which an adjustment assistance plan has been approved under section 272(d) shall be treated as a redevelopment area, except that—• (A) no loan guarantees may be made to any person under such Act; and (B) no loan or grant may be made to any recipient in such an area after September 30, 1980, and (2) approval of an adjustment assistance plan submitted under section 272(d) shall be treated as approval of an overall economic development program under section 202(b) (10) of such Act.

(d) The Secretary is authorized to guarantee loans for— (1) the acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, and (2) working capital, made to private borrowers by private lending institutions in connection with projects in trade impacted areas subject to the same terms and conditions to which loan guarantees are subject under section 202 of the Public Works and Economic Development Act of 1965, including record and audit requirements and penalties, except that - -

38-194 O - 76 - 46 Pt. 2

42 USC 3142.

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(1) no new loan ^ a r a n t e e may be made under this subsection after September 30, 1982, (2) a loan guarantee may be made for the entire amount of the outstanding unpaid balance of such loan, and (3) no more than 20 percent of the amount of loan guarantees made under this subsection by the United States may be made in one State. (e) The Governor of the State, the authorized representative of the community, or the Governor of the State and the authorized representative of the community, in which an applicant for a loan guarantee under subsection (b) is located may enter into an agreement with the Secretary which provides that such State or such community, or that such State and such community, will pay not to exceed one-half of the amount of any liability which arises on a loan guarantee made under subsection (d) if the State in which the applicant for such giiarantee is located has established by law a program approved by the Secretary for the purposes of this section. (f)(1) When considering whether to guarantee a loan to a corporation which is otherwise qualified for the purposes of subsection (d), the Secretary shall give preference to a corporation which agrees with respect to such loan to fulfill the following requirements— (A) 25 percent of the principal amount of the loan is paid by the lender to a qualified trust established under an employee stock ownership plan established and maintained by the recipient corporation, by a parent or subsidiary of such corporation, or by several corporations including the recipient corporation, (B) the employee stock ownership plan meets the requirements of this subsection, and (C) the agreement among the recipient corporation, the lender, and the qualified trust relating to the loan meets the requirements of this section. (2) An employee stock ownership plan does not meet the requirements of this subsection unless the governing instrument of the plan provides that— (A) the amount of the loan paid under paragraph (1)(A) to the qualified trust will be used to purchase qualified employer securities, (B) the qualified trust will repay to the lender the amount of such loan, together with the interest thereon, out of amounts contributed to the trust by the recipient corporation, and (C) from time to time, as the qualified trust repays such amount, the trust will allocate qualified employer securities among the individual accounts of participants and their beneficiaries in accordance with the provisions of paragraph (4). (3) The agreement among the recipient corporation, the lender, and the qualified trust does not meet the requirements of this subsection unless— (A) it is unconditionally enforceable by any party against the others, jointly and severally, (B) it provides that the liability of the qualified trust to repay loan amounts paid to the qualified trust may not, at any time, exceed an amount equal to the amount of contributions required under paragraph (2)(B) which are actually received by such trust, (C) it provides that amounts received by the recipient corporation from the qualified trust for qualified employer securities purchased for the purpose of this subsection will be used exclu-

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sively by the recipient corporation for those purposes for which it may use that portion of the loan paid directly to it by the lender, (D) it provides that the recipient corporation may not reduce the amount of its equity capital during the one year period beginning on the date on which the qualified trust purchases qualified employer securities for purposes of this subsection, and (E) it provides that the recipient corporation will make contributions to the qualified trust of not less than such amounts as are necessary for such trust to meet its obligation to make repayments of principal and interest on the amount of the loan received by the trust without regard to whether such contributions are deductible by the corporation under section 404 of the Internal Revenue Code of 1954 and without regard to any other amounts the ^e use 404. recipient corporation is obligated under law to contribute to or under the employee stock ownership plan. (4) At the close of each plan year, an employee stock ownership plan shall allocate to the accounts of participating employees that portion of the qualified employer securities the cost of which bears substantially the same ratio to the cost of all the qualified employer securities purchased under paragraph (2)(A) of this subsection as the amount of the loan principal and interest repaid by the qualified trust during that year bears to the total amount of the loan principal and interest payable by such trust during the term of such loan. Qualified employer securities allocated to the individual account of a participant during one plan year must bear substantially the same proportion to the amount of all such securities allocated to all participants in the plan as the amount of compensation paid to such participant bears to the total amount of compensation paid to all such participants during that year. Definitions. (5) For purposes of this subsection, the term— (A) "employee stock ownership plan" means a plan described in section 407(d)(6) of the Employee Retirement Income Security Act of 1974, section 4975(e)(7) of the Internal Revenue Code of Ante, p.. 880, 1954, and in section 102(5) of the Regional Rail Reorganization Ante, p.. 971 Act of 1973, which meets the requirements of title I of the 45 USC 702. Employee Retirement Income Security Act of 1974 and of part Ante, p,, 832 26 USC 4 0 1. I of subchapter D of chapter 1 of such Code, (B) "qualified trust" means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 and of part I of subchapter D of chapter 1 of such Code, (C) "qualified employer securities" means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favorable than the voting power and dividend rights on other common stock issued by the issuing corporation and with voting power being exercised by the participants in the employee stock ownership plan after it is allocated to their plan accounts, and (D) "equity capital" means, with respect to the recipient corporation, the sum of its money and other property (in an amount equal to the adjusted basis of such property but disregarding adjustments made on account of depreciation or amortization made during the period described in paragraph (3)(D)), less the amount of its indebtedness. (g) The United States share of loan guarantees made under sub- ^°^". e"^""section (d) on loans which are outstanding at any time may not exceed " ' ' "'*'°"$500,000,000. >= J J

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19 USC 2374.

SEC. 274. COMMUNITY ADJUSTMENT ASSISTANCE FUND AND AUTHORIZATION OF APPROPRIATIONS.

Establishment.

(a) There is established on the books of the Treasury of the United States a revolving fund to be known as the Community Adjustment Assistance Fund. The fund shall consist of such amounts as may be deposited in it pursuant to the authorization in subsection (b) and any collections, repayments of loans, or other receipts received under the program established in section 273(a). Amounts in the fund may be used only to carry out the provisions of sections 272 and 273(b), including administrative costs. Amounts appropriated to the fund shall be available to the Secretary without fiscal year limitation. Upon liquidation of all remaining obligations, any balances remaining in the fund after September 30, 1980, shall be transferred to the general fund of the Treasury. (b) There are authorized to be appropriated to the Community Adjustment Assistance Fund, for the purpose of carrying out the provisions of sections 272 and 273(a), $100,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for the succeeding 7 fiscal years. (c) There are authorized to be appropriated to the Secretary such sums as may be necessary for carrying out the loan guarantee program under section 273(d).

Transfer of funds.

Appropriations.

CHAPTER 5—MISCELLANEOUS PROVISIONS 19 USC 2 3 9 1.

SEC. 280. GENERAL ACCOUNTING OFFICE REPORT.

Study, report to e o n g r e s s.

(a) The Comptroller General of the United States shall conduct a study of the adjustment assistance programs established under chapters 2, 3, and 4 of this title and shall report the results of such study to the Congress no later than January 31, 1980. Such report shall include an evaluation of— (1) the effectiveness of such programs in aiding workers, firms, and communities to adjust to changed economic conditions resulting from changes in the patterns of international trade; and (2) the coordination of the administration of such programs and other Government programs which provide unemployment compensation and relief to depressed areas. (b) In carrying out his responsibilities under this section, the Comptroller General shall, to the extent practical, avail himself of the assistance of the Departments of Labor and Commerce. The Secretaries of Labor and Commerce shall make available to the Comptroller General any assistance necessary for an effective evaluation of the adjustment assistance programs established under this title.

19 USC 2392. Adjustment Assistance eoor» dinating Committee. Establishment.

SEC. 281. COORDINATION.

19 USC 2393. Establishment.

There is established the Adjustment Assistance Coordinating Committee to consist of a Deputy Special Trade Representative as Chairman, and the officials charged with adjustment assistance responsibilities of the Departments of Labor and Commerce and the Small Business Administration. I t shall be the function of the Committee to coordinate the adjustment assistance policies, studies, and programs of the various agencies involved and to promote the efficient and effective delivery of adjustment assistance benefits. SEC. 282. TRADE MONITORING SYSTEM.

The Secretary of Commerce and the Secretary of Labor shall establish and maintain a program to monitor imports of articles into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production, changes

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in employment within domestic industries producing articles like or directly competitive with such imports, and the extent to which such changes in production and employment are concentrated in specific geographic regions of the United States. A summary of the information gathered under this section shall be published regularly and provided to the Adjustment Assistance Coordinating Committee, the International Trade Commission, and to the Congress. SEC. 283. FIRMS RELOCATING IN FOREIGN COUNTRIES. Before moving productive facilities from the United States to a foreign country, every firm should— (1) provide notice of the move to its employees who are likely to be totally or partially separated as a result of the move at least 60 days before the date of such move, and (2) provide notice of the move to the Secretary of Labor and the Secretary of Commerce on the same day -it notifies employees under paragraph (1). (b) I t is the sense of the Congress that every such firm should— (1) apply for and use all adjustment assistance for which it is eligible under this title, (2) offer employment opportunities in the United States, if any exist, to its employees who are totally or partially separated workers as a result of the move, and (3) assist in relocating employees to other locations in the United States where employment opportunities exist. SEC. 284. EFFECTIVE DATE. ,

. g"^J^7^s°j^j'^' ince™c"oordlna^ting committee, interc^om'^rssioX and ^""/use'2394.

19 USC 2271 note.

Chapters 2, 3, and 4 of this title shall become effective on the 90th Ante, pp. 2019. day following the date of enactment of this Act and shall terminate ^'^^°' ^.°^^' m

1

c\r\ ^r\nr\

on September 30, 1982.

Termination

date.

TITLE III—RELIEF FROM UNFAIR TRADE PRACTICES CHAPTER 1—FOREIGN IMPORT RESTRICTIONS AND EXPORT SUBSIDIES SEC. 301. RESPONSES TO CERTAIN TRADE PRACTICES OF FOREIGN 19 USC 24ii. GOVERNMENTS. (a) Whenever the President determines that a foreign country or instrumentality— (1) maintains unjustifiable or unreasonable tariff or other import restrictions which impair the value of trade commitments made to the United States or which burden, restrict, or discriminate against United States commerce, (2) engages in discriminatory or other acts or policies which are unjustifiable or unreasonable and which burden or restrict United States commerce, (3) provides subsidies (or other incentives having the effect of subsidies) on its exports of one or more products to the United States or to other foreign markets which have the effect of substantially reducing sales of the competitive United States product or products in the United States or m those other foreign markets, or (4) imposes unjustifiable or unreasonable restrictions on access to supplies of food, raw materials, or manufactured or semimanufactured products which burden or restrict United States commerce.

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'Commerce."

19 USC 160. 19 USC 1303.

^."•^pi^^^ts, review.

Hearings. Fe^e^iTRe^rster Report't(^"^" congress.

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the President shall take all appropriate and feasible steps within his power to obtain the elimination of such restrictions or subsidies, and he— (A) may suspend, withdraw, or prevent the application of, or may refrain from proclaiming, benefits of trade agreement concessions to carry out a trade agreement with such country or instrumentality; and (B) may impose duties or other import restrictions on the products of such foreign country or instrumentality, and may impose fees or restrictions on the services of such foreign country or instrumentality, for such time as he deems appropriate. For purposes of this subsection, the term "commerce" includes services associated with the international trade. (b) I n determining what action to take under subsection (a), the President shall consider the relationship of such action to the purposes of this Act. Action shall be taken under subsection (a) against the foreign country or instrumentality involved, except that, subject to the provisions of section 302, any such action may be taken on a nondiscriminatory treatment basis. (c) The President in making a determination under this section, may take action under subsection (a)(3) with respect to the exports of a product to the United States by a foreign country or instrumentality if— (1) the Secretary of the Treasury has found that such country or instrumentality provides subsidies (or other incentives having the effect of subsidies) on such exports; (2) the International Trade Commission has found that such exports to the United States have the effect of substantially reducing sales of the competitive United States product or products in the United States; and (3) the President finds that the Antidumping Act, 1921, and section 303 of the Tariff Act of 1930 are inadequate to deter such practices. (d)(1) The President shall provide an opportunity for the presentation of views concerning the restrictions, acts, policies, or practices referred to in paragraphs (1), (2), (3), and (4) of subsection ^2) Upon complaint filed by any interested party with the Special Representative for Trade Negotiations alleging any such restriction, act, policy, or practice, the Special Representative shall conduct a rcvicw of the alleged restriction, act, policy, or practice, and, at the ^equest of the complainant, shall conduct public hearings thereon. The Special Representative shall have a copy of each complaint filed under and the conduct of reviews and hearings under this paragraph and shall submit a report to the House of Representatives and the Senate semi-annually summarizing the reviews and hearings conducted by it under this paragraph during the preceding 6-month period. (e) Before the President takes any action under subsection (a) with respect to the import treatment of any product or the treatment of any service— (1) he shall provide an opportunity for the presentation of views concerning the taking of action with respect to such product or service, (2) upon request by any interested person, he shall provide for appropriate public hearings with respect to the taking of action with respect to such product or service, and
 * ^^® paragraph published in the Federal Register. The Special Represeutativc shall issue regulations concerning the filing of complaints

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(3) he may request the International Trade Commission for its views as to the probable impact on the economy of the United States of the taking of action with respect to such product or service. If the President determines that, because of the need for expeditious action under subsection (a), compliance with paragraphs (1) and (2) would be contrary to the national interest, then such paragraphs shall not apply with respect to such action, but he shall thereafter promptly provide an opportunity for the presentation of views concerning the action taken and, upon request by any interested person, shall provide for appropriate public hearings with respect to the action taken. The President shall provide for the issuance of regulations concerning the filing of requests for, and the conduct of, hearings under this subsection. SEC. 302. PROCEDURE FOR CONGRESSIONAL DISAPPROVAL OF CERTAIN ACTIONS TAKEN UNDER SECTION 301.

(a) Whenever the President takes any action under subparagraph (A) or (B) of section 301(a) with respect to any country or instrumentality other than the country or instrumentality whose restriction, act, policy, or practice was the cause for taking such action, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the action which he has so taken, together with his reasons therefor. (b) If, before the close of the 90-day period beginning on the day on which the document referred to in subsection (a) is delivered to the House of Representatives and to the Senate, the two Houses adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of disapproval under the procedures set forth in section 152, then such action under section 301(a) shall have no force and effect beginning with the day after the date of the adoption of such concurrent resolution of disapproval, except with respect to the country or instrumentality whose restriction, act, policy, or practice was the cause for taking such action.

CHAPTER 2—ANTIDUMPING DUTIES SEC. 321. AMENDMENTS TO THE ANTIDUMPING ACT OF 1921.

(a) Section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), is amended— (1) by striking out "United States Tariff Commission" in subsection (a) and inserting in lieu thereof "United States International Trade Commission (hereinafter called the 'Commission')", and by striking out "said" each place it appears in such subsection; and (2) by striking out subsections (b) and (c) and inserting in lieu thereof the following: "(b)(1) In the case of any imported merchandise of a class or kind as to which the Secretary has not so made public a finding, he shall, within six months after the publication under subsection (c)(1) of a notice of initiation of an investigation— " (A) determine whether there is reason to believe or suspect, from the invoice or other papers or from information presented to him or to any other person to whom authority under this section has been delegated, that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value (or, in the absence of such value, than the constructed value); and

19 USC 24i2.

'^"'^'?• 2004.

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" (B) if his determination is affirmative, publish a notice of that fact in the Federal Register, and require, under such regulations as he may prescribe, the withholding of appraisement as to such merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of that notice in the Federal Register (or such earlier date, not more than one hundred and twenty days before the date of publication under subsection (c)(1) of notice of initiation of the investigation, as the Secretary may prescribe), until the further order of the Secretary, or until the Secretary has made public a finding as provided for in subsection (a) in regard to such merchandise; or P u b l i c a t i o n in " (C) if his determination is negative (or if he tentatively Federal Register. determines that the investigation should be discontinued), publish notice of that fact in the Federal Register. P u b l i c a t i o n in "(2) If in the course of an investigation under this subsection the Federal Register Secretary concludes that the determination provided for in paragraph (1) cannot reasonably be made within six months, he shall publish notice of this in the Federal Register, together with a statement of reasons therefor, in which case the determination shall be made within nine months after the publication in the Federal Register of the notice of initiation of the investigation. " (3) Within three months after publication in the Federal Register of a determination under paragraph (1), the Secretary shall make a final determination whether the foreign merchandise in question is being or is likely to be sold in the United States at less than its fair value (or a final discontinuance of the investigation). "(c)(1) The Secretary shall, within thirty days of the receipt of information alleging that a particular class or kind of merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value and that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, determine whether to initiate an investigation into the question of whether such merchandise in fact is being or is likely to be sold in Fe^"^i?Re'°r ^e ^^^ United States or elsewhere at less than its fair value. If his deteregis er. j^jj^g^^-j^^j^ jg affirmative he shall publish notice of the initiation of such an investigation in the Federal Register. If it is negative, the inquiry shall be closed. "(2) If, in the course of making a determination under paragraph (1), the Secretary concludes, from the information available to him, that there is substantial doubt whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, he shall forward to the Commission the reasons for such substantial doubt and a preliminary indication, based upon whatever price information is available, concerning possible sales at less than fair value, including possible margins of dumping and the volume of trade. If within thirty days after receipt of such information from the Secretar;^, the Commission, after conducting such inquiry as it deems appropriate, determines there is no reasonable indication that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, it shall advise the Secretary of its determination and any investigation under subsection (b) then in progress shall be terminated. " (d)(1) Before making any determination under subsection (a), the Secretary or the Commission, as the case may be, shall, at the

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request of any foreign manufacturer or exporter, or any domestic importer, of the foreign merchandise in question, or of any domestic manufacturer, producer, or wholesaler of merchandise of the same class or kind, conduct a hearing at which— " (A) any such person shall have the right to appear by counsel or in person; and " (B) any other person, firm, or corporation may make application and, upon good cause shown, may be allowed by the Secretary or the Commission, as the case may be, to intervene and appear at such hearing by counsel or in person. "(2) The Secretary, upon determining whether foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and the Commission, upon making its determination under subsection (a), shall publish in the Federal Register such determination, whether affinnative or negative, together with a complete statement of findings and conclusions, and the reasons or bases therefor, on all the material issues of fact or law presented (consistent with confidential treatment granted by the Secretary or the Commission, as the case may be, in the course of making its determination). "(3) The hearings provided for under this section shall be exempt from sections 554, 555, 556, 557, and 702 of title 5 of the United States Code. The transcript of any hearing, together with all information developed in connection with the investigation (other than items to which confidential treatment has been granted by the Secretary or the Commission, as the case may be), shall be made available in the manner and to the extent provided in section 552(b) of such title.". (b) Section 203 of the Antidumping Act, 1921 (19 U.S.C. sec. 162), is amended to read as follows: uPURCHASE PRICE

"SEC. 203. For the purposes of this title, the purchase price of imported merchandise shall be the price at which such merchandise has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the merchandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States; and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by

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Hearing.

Publication in ^ ^^^ ^^'^'""'

s use 552.

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the Secretary to be a bounty or grant within the meaning of section 303 of the Tariff Act of 1930." (c) Section 204 of the Antidumping Act, 1921 (19 U.S.C. sec. 163), is amended to read as follows: "EXPORTER'S SALES PRICE

"SEC. 204. For the purposes of this title, the exporter's sale price of imported merchandise shall be the price at which such merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States, (2) the amount of the commissions, if any, for selling in the United States the particular merchandise under consideration, (3) an amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, (4) the amount of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States, and (5) the amount of any increased value, including additional material and labor, resulting from a process of manufacture or assembly performed on the imported merchandise after the importation of the merchandise and before its sale to a person who is not the exporter of the merchandise within 19 USC 166. ^jjg meaning of section 207; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the mean19 USC i 3 03. • j^g Qf section"303 of the Tariff Act of 1930. vaLT'^" '"^"'* (^) Section 205 of the Antidumping Act, 1921 (19 U.S.C. sec. 164), is amended by adding " (a) " immediately before the word "For", and by addinsf at the end thereof the following new subsections: "(b) Whenever the Secretary has reasonable grounds to believe or suspect that sales in the home market of the country of exportation, or, as appropriate, to countries other than the United States, have been made at prices which represent less than the cost of producing the merchandise in question, he shall determine whether, in fact, such sales were made at less than the cost of producing the merchandise. If the Secretary determines that sales made at less than cost of production (1) have been made over an extended period of time and in substantial quantities, and (2) are not at prices which permit recovery of all costs within a reasonable period of time in the normal course of trade, such sales shall be disregarded in the determination of foreign market value. "Whenever sales are disregarded by virtue of having been

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made at less than the cost of production and the remaining sales, made at not less than cost of production, are determined to be inadecpiate as a basis for the determination of forei<»n market value, the Secretary shall determine that no foreion market value exists and employ the constructed value of the merchandise in question. "(c) If available information indicates to the Secretary that the economy of the country from which the merchandise is exported is state-control led to an extent that sales or offers of sales of such or similar merchandise in that country or to countries other than the United States do not permit a determination of foreign market value under subsection (a), the Secretary shall determine the foreign market value of the merchandise on the basis of the nor-mal costs, expenses, and profits as reflected by either— "(1) the prices, determined in accordance with subsection (a) and section 202, at which such or similar merchandise of a nonstate-controlled-economy country or countries is sold either (A) for consumption in the home market of that country or countries, or (B) to other countries, including the United States; or "(2) the constructed value of such or similar merchandise in a non-state-controlled-economy country or countries as determined under section 206. " (d) Whenever, in the course of an investigation under this Act, the Secretary determines that— "(1) merchandise exported to the United States is being produced in facilities wdiich are owned or controlled, directly or indirectly, by a person, firm, or corporation which also owns or controls, directly or indirectly, other facilities for the production of such or similar merchandise which are located in another country or countries: "(2) the sales of such or similar merchandise by the company concerned in the home market of the exporting country are nonexistent or inadequate as a basis for comparison with the sales of the merchandise to the United States; and "(3) the foreign market value of such or similar merchandise produced in one or more of the facilities outside the country of exportation is higher than the foreign market value, or, if there is no foreign market value, the constructed value, of such or similar merchandise produced in the facilities located in the country of exportation, he shall determine the foreign market value of such merchandise by reference to the foreign market value at which such or similar merchandise is sold in substantial quantities by one or more facilities outside the country of exportation. The Secretary in making any determination under this paragraph, shall make adjustments for the difference between the costs of production (including taxes, labor, materials, and overhead) of such or similar merchandise produced in facilities outside the country of exportation and costs of production of such or similar merchandise produced in the facilities in the country of exportation, if such differences are demonstrated to his satisfaction. For the purpose of this subsection, in determining foreign market value of such or similar merchandise produced in a country outside of the country of exportation, the Secretary shall determine its price at the time of exportation from the country of exportation and shall make any adjustments required by section 205(a) for the cost of all containers and coverings and all other costs, char-ges, and expenses incident to placing the merchandise in condition packed

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ready for shipment to the United States by reference to such costs in the country of exportation." (e) Section 212(3) of the Antidumping Act, 1921 (19 U.S.C. sec. 170a(3)), is amended by striking out subparagraphs (B), (D), and (F), and by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C),respectively. (f)(1) Section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) is amended by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively, and by inserting after subsection (c) the following new subsection: " (d) Within 30 days after a determination by the Secretary— "(1) under section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), that a class or kind of foreign merchandise is not being, nor likely to be, sold in the United States at less than its fair value, or 19 USC 1303. (2) under section 303 of this Act that a bounty or grant is not being paid or bestowed, an American manufacturer, producer, or wholesaler of merchandise of the same class or kind as that described in such determination may file with the Secretary a written notice of a desire to contest such determination. Upon receipt of such notice the Secretary shall cause publication to be made thereof and of such manufacturer's, producer's, or wholesaler's desire to contest the determination. Within 30 days after such publication, such manufacturer, producer, or wholesaler may commence an action in the United States Customs Court contesting such determination.". (2) Section 2631(b) of title 28, United States Code, is amended by inserting before the period at the end thereof ", or, in the case of 19 USC 1516. jjj^ action under section 516(d) of such Act, after the date of publication of a notice under such section". (3) Section 2632 of title 28, United States Code, is amended— (A) by striking out the first sentence of subsection (a) and inserting in lieu thereof the following: "A party may contest (1) denial of a protest under section 515 of the Tariff Act of 19 USC 1515. 1930, as amended; (2) a decision of the Secretary of the Treasury 19 USC 1516. made under section 516 of the Tariff Act of 1930, as amended; or (3) a determination by the Secretary of the Treasury under Ante, p. 2043. section 201 of the Antidumping Act, 1921, as amended, that a class or kind of merchandise is not being, nor likely to be, sold in the United States at less than its fair value, or under section 19 USC 13 03. 303 of ^j^g Tariff Act of 1930 that a bounty or grant is not being paid or bestowed; by bringing a civil action in the Customs Court."; (B) by inserting after "designee" in subsection (f) "in any action brought under subsectio2i (a)(1) or (a)(2) "; and (C) by adding at the end thereof the following new subsection: " is) Upon service of the summons on the Secretary of the Treasury or his designee in an action contesting the Secretary's determination under section 201 of the Antidumping Act, 1921, as amended, that a class or kind of foreign merchandise is not being, nor likely to be, sold in the United States at less than its fair value, the Secretary or his designee shall forthwith transmit to the United States Customs Court, as the official record of the civil action, a certified copy of the transcript of lany hearing held by the Secretary in the particular antidumping proceeding pursuant to section 201(d)(1) of the Antidumping Act, 1921, as amended, and certified copies of all notices, determinations, or other matters which the Secretary has caused to be published in the

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Federal Register in connection with the particular antidumping Publication in proceeding. Upon service of the summons on the Secretary of the ^ ^"^^ egister. Treasury or his designee in an action contesting the Secretary's determination under section 303 of the Tariff Act of 1930 that a bounty or In Ira, grant is not being paid or bestowed, the Secretary or his designee shall forthwith transmit to the United States Customs Court, as the official record of the civil action, a certified copy of the transcript of all hearings held by the Secretary in the proceeding which resulted in such determination and certified copies of all notices, determinations, or other matters which the Secretary has caused to be published in the Federal Register in connection with such proceeding.". (g)(1) The amendments made by subsection (a) of this section Applicability,, shall apply with respect to all questions of dumping raised or presented note. on or after the date of the enactment of this Act. (2) The amendments made by subsections (b) through (e) of this ^^^l use i62 section shall apply with respect to all merchandise which is not note. appraised on or before the date of the enactment of this Act; except that such amendments shall not apply with respect to any merchandise which— (A) was exported from the country of exportation before such date of the enactment, and (B) is subject to a finding under the Antidumping Act, 1921, 19 USC 160. which (i) is outstanding on such date of enactment, or (ii) was revoked on or before such date of enactment but is still applicable to such merchandise. 19 (3) The amendments made by subsection (f) shall apply with note, use 1516 respect to determinations under section 201 of the Antidumping Act, 1921, resulting from questions of dumping raised or presented on oi* 19 USC 160. after the date of the enactment of this Act.

CHAPTER 3—COUNTERVAILING DUTIES SEC. 331. AMENDMENTS TO SECTIONS 303 AND 516 OF THE TARIFF ACT OF 1930.

(a) Section 303 of the Tariff Act of 1930 (19 U.S.C. sec. 1303) is amended to read as follows: "SEC. 303. COUNTERVAILING DUTIES. " (a) LEVY or COUNTERVAILING DUTIES.— (1) Whenever any country,

dependency, colony, province, or other political subdivision of government, person, partnership, association, cartel, or corporation, shall pay or bestow, directly or indirectly, any bounty or grant upon the manufacture or production or export of any article or merchandise manufactured or produced in such country, dependency, colony, province, or other political subdivision of government, then upon the importation of such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to any duties otherwise imposed, a duty equal to the net amount of such bounty or grant, however the same be paid or bestowed. "(2) I n the case of any imported article or merchandise which is free of duty, duties may be imposed under this section only if there is an affirmative determination by the Commission under subsection (b)(1); except that such a determination shall not be required unless a determination of injury is required by the international obligations of the United States.

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" (3) I n the case of any imported article or merchandise as to which the Secretary of the Treasury (hereafter in this section referred to as the 'Secretary') has not determined whether or not any bounty or grant is being paid or bestowed— " (A) upon the filing of a petition by any person setting forth his belief that a bounty or grant is being paid or bestowed, and the reasons therefor, or " (B) whenever the Secretary concludes, from information presented to him or to any person to whom authority under this section has been delegated, that a formal investigation is warranted into the question of whether a bounty or grant is being paid or bestowed, the Secretary shall initiate a formal investigation to determine whether or not any bounty or grant is being paid or bestowed and shall publish in the Federal Register notice of the initiation of such investigation. " (4) Within six months from the date on which a petition is filed under paragraph (3)(A) or on which notice is published of an investigation initiated under paragraph (3)(B), the Secretary shall make a preliminary determination, and within twelve months from such dat^ shall make a final determination, as to whether or not any bounty or grant is being paid or bestowed. " (5) The Secretary shall from time to time ascertain and determine, or estimate, the net amount of each such bounty or grant, and shall declare the net amount so determined or estimated. "(6) The Secretary shall make all regulations he deems necessary for the identification of articles and merchandise subject to duties under this section and for the assessment and collection of such duties. All determinations by the Secretary under this section, and all determinations by the Commission under subsection (b)(1), (whether affirmative or negative) shall be published in the Federal Register, "(b) I N J U R Y DETERMINATIONS W I T H RESPECT TO DUTY-FREE MERCHANDISE; SUSPENSION OF LIQUIDATION.—(1) Whenever the Sec-

retary makes a final determination under subsection (a) that a bounty or grant is beinjs; paid or bestowed with respect to any article or merchandise which is free of duty and a determination by the Commission is required under subsection (a)(2), he shall— " (A) so advise the Commission, and the Commission shall determine within three months thereafter, and after such investigation as it deems necessary, whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such article or merchandise into the United States; and the Commission shall notify the Secretary of its determination; and " (B) require, under such regulations as he may prescribe, the suspension of liquidation as to such article or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of his final determination under subsection (a), and such suspension of liquidation shall continue until the further order of the Secretary or until he has made public an order as provided for in paragraph (3). "(2) For the purposes of this subsection, the Commission shall be deemed to have made an affirmative determination if the commissioners voting are evenly divided as to whether its determination should be in the affirmative or in the negative. "(3) If the determination of the Commission under paragraph (1)(A) is in the affirmative, the Secretary shall make public an order

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directing the assessment and collection of duties in the amount of such bounty or grant as is from time to time ascertained and determined, or estimated, under subsection (a). "(c)

APPLICATION or AFFIRMATIVE DETERMINATION.—An affirma-

tive final determination by the Secretary under subsection (a) with respect to any imported article or merchandise shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of such determination. I n the case of any imported article or merchandise which is free of duty, so long as a finding of injury is required by the international obligations of the United States, the preceding sentence shall apply only if the Commission makes an affirmative determination of injury under subsection (b)(1). "(d)

TEMPORARY PROVISION W H I L E NEGOTIATIONS ARE IN PROC-

ESS.—(1) It is the sense of the Congress that the President, to the extent practicable and consistent with United States interests, seek through negotiations the establishment of internationaly agreed rules and procedures governing the use of subsidies (and other export incentives) and the application of countervailing duties. "(2) If, after seeking information and advice from such agencies as he may deem appropriate, the Secretary of the Treasury determines, at any time during the four-year period beginning on the date of the enactment of the Trade Act of 1974, that— ^"^^' p- i^ys. " (A) adequate steps have been taken to reduce substantially or eliminate during such period the adverse elffect of a bounty or grant which he has determined is being paid or bestowed with respect to any article or merchandise; " (B) there is a reasonable prospect that, under section 102 of the Trade Act of 1974, successful trade agreements will be entered ^"^''> P- 1^82 „ into with foreign countries or instrumentalities providing for the reduction or elimination of barriers to or other distortions of international trade; and " (C) the imposition of the additional duty under this section with respect to such article or merchandise would be likely to seriously jeopardize the satisfactory completion of such negotiations; the imposition of the additional duty under this section with respect to such article or merchandise shall not be required during the remainder of such four-year period. This paragraph shall not apply Non-rubber footwith respect to any case involving non-rubber footwear pending on '^^^'^" the date of the enactment of the Trade Act of 1974 until and unless agreements which temporize imports of non-rubber footwear become effective. "(3) The determination of the Secretary under paragraph (2) may be revoked by him, in his discretion, at any time, and any determination made under such paragraph shall be revoked whenever the basis supporting such determination no longer exists. The additional duty provided under this section shall apply with respect to any affected articles or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of any revocation under this subsection in the Federal Register. "(e) REPORTS TO CONGRESS.— (1) Whenever the Secretary makes a determination under subsection (d)(2) with respect to any article or merchandise, he shall promptly transmit to the House of Representatives and the Senate a document setting forth the determination, together with his reasons therefor. " (2) If, at any time after the document referred to in paragraph (1) is delivered to the House of Representatives and the Senate, either

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the House or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval Ante, p. 2004. under the procedures set forth in section 152, then such determination under subsection (d)(2) with respect to such article or merchandise shall have no force or effect beginning with the day after the date of the adoption of such resolution of disapproval, and the additional duty provided under this section with respect to such article or merchandise shall apply with respect to articles or merchandise entered, or withdrawn from warehouse, for consumption on or after such day.". (b) So much of cection 516 of the Tariff Act of 1930 (19 U.S.C. 1516) as precedes subsection (d) is amended to read as follows: "SEC. 516. PETITIONS BY AMERICAN MANUFACTURERS, PRODUCERS, OR WHOLESALERS. "(a) The Secretary shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification, the Ante, p. 2049. J.Q^Q Q-f duty, the additional duty described in section 303 of this Act (hereinafter in this section referred to as 'countervailing duties'), if any, and the special duty described in section 202 of the Antidumping 19 USC 161. J^QI^ 1921 (hereinafter in this section referred to as 'antidumping duties'), if any, imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him. If such manufacturer, producer, or wholesaler believes that the appraised value is too low, that the classification is not correct, that the proper rate of duty is not being assessed, or that countervailing duties or antidumping duties should be assessed, he may file a petition with the Secretary setting forth (1) a description of the merchandise, (2) the appraised value, the classification, or the rate or rates of dut^ that he believes proper, and (3) the reasons for his belief including, m appropriate instances, the reasons for his belief that countervailing duties or antidumping duties should be assessed. "(b) If, after receipt and consideration of a petition filed by an American manufacturer, producer, or wholesaler, the Secretary decides that the appraised value of the merchandise is too low, that the classification of the article or rate of duty assessed thereon is not correct, or that countervailing duties or antidumping duties should be assessed, he shall determine the proper appraised value or classification, rate of duty, or countervailing duties, or antidumping duties and shall notify the petitioner of his determination. Except for countervailing duty and antidumping duty purposes, all such merchandise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised or classified or assessed as to rate of duty in accordance with the Secretary's determination. For countervailing duty purposes, the procedures set forth in section 303 shall apply. For antidumping duty purposes, the proAnte, p. 2043. gedures set forth in section 201 of the Antidumping Act, 1921, shall apply. "(c) If the Secretary decides that the appraised value or classification of the articles or the rate of duty with respect to which a petition was filed pursuant to subsection (a) is correct, or that countervailing duties or antidumping duties should not be assessed, he shall so inform the petitioner. If dissatisfied with the decision of the Secretary, the petitioner may file with the Secretary, not later than thirty days after the date of the decision, notice that he desires to contest the appraised value or classification of, or rate of duty assessed upon or the failure to assess countervailing duties or antidumping duties upon, the merchandise. Upon receipt of notice from the petitioner, the Secretary shall

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cause publication to be made of his decision as to the proper appraised value or classification or rate of duty or that countervailing duties or antidumping duties should not be assessed and of the petitioner's desire to contest, and shall thereafter furnish the petitioner with such information as to the entries and consignees of such merchandise, entered after the publication of the decision of the Secretary at such ports of entry designated by the petitioner in his notice of desire to contest, as will enable the petitioner to contest the appraised value or classification of, or rate of duty imposed upon or failure to assess countervailing duties or antidumping duties upon, such merchandise in the liquidation of one such entry at such port. The Secretary shall direct the appropriate Customs officer at such ports to notify the petitioner by mail immediately when the first of such entries is liquidated." (c) Section 515(d) of the Tariff Act of 1930 (19 U.S.C. 1315(d)) is amended by inserting before the period at the end thereof "or the imposition of countervailing duties under section 303". ^"'e, p. 2049. (d)(1) The amendments made by this section shall take effect on the Effective date. date of the enactment of this Act. note."^^ ^ ^ °^ (2) For purposes of applying the provisions of section 303(a)(4) of the Tariff Act of 1930 (as amended by subsection (a)) with respect to any investigation which was initiated before the date of the enactment of this Act under section 303 of such Act (as in effect before such date), such investigation shall be treated as having been initiated on the day after such date of enactment under section 303(a)(3)(B) of such Act. (3) Any article which is entered or withdrawn from warehouse free of duty as a result of action taken under title V of this Act shall be considered a nondutiable article for purposes of section 303 of the Tariff Act of 1930, as amended (19 U.S.C. sec. 1303).

CHAPTER 4—UNFAIR IMPORT PRACTICES SEC. 341. AMENDMENT TO SECTION 337 OF THE TARIFF ACT OF 1930.

(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337-) is amended to read as follows: "SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. "(a)

UNFAIR METHODS OF COMPETITION DECLARED UNLAWFUL.—

Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, or to restrain or monopolize trade and commerce in the United States, are declared unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provisions of law, as provided in this section. "(b)

INVESTIGATIONS OF VIOLATIONS BY COMMISSION; T I M E L I M I T S. —

(1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon com- Publication in mencing any such investigation, the Commission shall publish notice ^^'^"^^ Register. thereof in the Federal Register. The Commission shall conclude any such investigation, and make its determination under this section, at ^ Publication in the earliest practicable time, but not later than one year (18 months Federal "^"~'-*- . '^"^"""' R e g i s t e r in more complicated cases) after the date of publication of notice of such investigation. The Commission shall publish in the Federal Register its reasons for designating any investigation as a more complicated investigation. For purposes of the one-year and 18-month periods prescribed by this subsection, there shall be excluded any

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period of time during which such investigation is suspended because of proceedings in a court or agency of the United States involving similar questions concerning the subject matter of such investigation. "(2) During the course of each investigation under this section, the Commission snail consult with, and seek advice and information from, the Department of Health, Education, and Welfare, the Department of Justice, the Federal Trade Commission, and such other departments and agencies as it considers appropriate. "(3) Whenever, in the course of an investigation under this section, the Commission has reason to believe, based on information before it, that the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. "(c) DETERMINATIONS; KEVIEW.—The Commission shall determine, with respect to each investigation conducted by it under this section. Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 USC 551. subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. " (d) EXCLUSION OF ARTICLES FROM E N T R Y. — I f the Commission determines, as a result of an investigation under this section, that there is violation of this section, it shall direct that the articles concerned, imported by any person violating the provision of this section, be excluded from entry into the United States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. The Commission shall notify the Sexiretary of the Treasury of its action under this subsection directing such exclusion from entry, and upon receipt of such notice, the Secretary shall, through the proper officers, refuse such entry. "(e) EXCLUSION OF ARTICLES FROM ENTRY DURING INVESTIGATION EXCEPT UNDER BOND.—If, during the course of an investigation under

this section, the Commission determines that there is reason to believe that there is a violation of this section, it may direct that the articles concerned, imported by any person with respect to whom there is Reason to believe that such person is violating this section, be excluded from entry into the United States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. The Commission shall notify the Secretary of the Treasury of its action under this subsection directing such exclusion from entry, and upon receipt of such notice, the Secretary shall, through the proper officers, refuse such entry, except that such articles shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary.

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"(f) CEASE AND DESIST ORDERS.—In lieu of taking action under subsection (d) or (e). the Commission may issue and cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, unless after considering the effect of such order upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such order should not be issued. The Commission may at any time, upon such notice and in such manner as it deems proper, modify or revoke any such order, and, in the case of a revocation, may take action under subsection (d) or (e), as the case may be. " (g) REFERRAL TO THE PRESIDENT.— (1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall— " (A) publish such determination in the Federal Register, and F ePublicationi s tinr. deral Reg e " (B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), with respect thereto, together with the record upon which such determination is based. "(2) If, before the close of the OO-day period beginning on the day after the day on which he receives a copy of such determination, the President, for policy reasons, disapproves such determination and notifies the Commission of his disapproval, then, effective on the dsite of such notice, such determination and the action taken under subsection (d), (e), or (f) with respect thereto shall have no force or efi'ect. "(8) Subject to the provisions of paragraph (2), such determination shall, except for purposes of subsection (c), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final, "(4) If the President does not disapprove such determination within such 60-day period, or if he notifies the Commission before the close of such period that he approves such determination, then, for purposes of paragraph (3) and subsection (c) such determination shall become final on the day after the close of such period or the day on which the President notifies the Commission of his approval, as the case may be. " (h) PERIOD OF EFFEC/JTVENESS.—Except as provided in subsections (f) and (g), any exclusion from entry or order under this section shall continue in effect until the Commission finds, and in the case of exclusion from entry notifies the Secretary of the Treasury, that the conditions which led to such exclusion from entry or order no longer exist. "(i)

IMPORTATIONS BY OR FOR THE IGNITED STATES.—Any exclusion

from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, shall not apply to any articles imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization oi- consent of the Government. Whenever any article would have been excluded from entry or would not have been entered pursuant to the provisions of such subsections but for the operation of this subsection, a patent owner adversely affected shall be entitled to reasonable and entire

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[88 STAT.

compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code, "(j) DEFINITION OF UNITED STATES.—For purposes of this section ^^^ sections 338 and 340, the term 'United States' means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States." (b) Section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) is amended by adding at the end thereof the following new sentence: "Each such annual report shall include a list of all complaints filed under section 337 during the year for which such report is being made, the date on which each such complaint was filed, and the action taken thereon, and the status of all investigations conducted by the commission under such section during such year and the date on which each such investigation was commenced." /(j\ 'pj^g amendments made by this section shall take effect on the ^

•

90th day after the date of the enactment of this Act, except that, for purposes of issuing regulations under section 337 of the Tariff Act of 1930, such amendments shall take effect on the date of the enactment of this Act. For purposes of applying section 337(b) of the Tariff Act of 1930 (as amended by subsection (a)) with respect to investigations being conducted by the International Trade Commission under section 337 of the Tariff Act on the day prior to the 90th day after the date of the enactment of this Act, such investigations shall be considered as having been commenced on such 90th day.

TITLE IV—TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIVING NONDISCRIMINATORY TREATMENT 19 USC 2431.

19 USC 1202. 19 USC 2432.

SEC. 401. EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR AREAS. Except as otherwise provided in this title, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eligible for the rates set forth jjj j.g^^g column numbered 1 of the Tariff Schedules of the United States on the date of the enactment of this Act. SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE. (a) To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after the date of the enactment of this Act products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment ^most-favored-nation treatment), such country shall not participate m any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—• (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice.

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and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3). (b) After the date of the enactment of this Act, (A) products of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (C) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of emigration laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter so long as such treatment is received, such credits or guarantees are extended, or such agreement is in effect. (c)(1) During the 18-month period beginning on the date of the enactment of this Act, the President is authorized to waive by Executive order the application of subsection (a) and (b) with respect to any country, if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section. (2) During any period subsequent to the 18-month period referred to in paragraph (1), the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if the waiver authority granted by this subsection continues to apply to such country pursuant to subsection (d), and if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section; (3) A waiver with respect to any country shall terminate on the day after the waiver authority granted by this subsection ceases to be effective with respect to such country pursuant to subsection (d). The President may, at any time, terminate by Executive order any waiver granted under this subsection. (d)(1) If the President determines that the extension of the waiver authority granted by subsection (c)(1) will substantially promote the objectives of this section, he may recommend to the Congress that such authority be extended for a period of 12 months, A.ny such recommendation shall— (A) be made not later than,30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and (C) include, for each country with respect to which a waiver granted under subsection (c)(1) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination.

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^^^""^'J^J^^. ^rie", product's, eligibility. Report to Congress.

waiver.

Termination.

.^ ^^i^ff„'l"l^'"""

ity, e x t e n s i o n.

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(2) If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c)(1), such authority shall continue in effect with respect to any country for a period of 12 months following the end of the 18-month period referred to in subsection (c)(1), if, before the end of such 18-month period, the House of Representatives and the Senate adopt, by an affirmative vote of a majority of the Members present and voting in each House and Ante, p. 2006. under the procedures set forth in section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 18-month period, a concurrent resolution approving the extension of such authority is not adopted by the House and the Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and— (A) both the House and the Senate fail to pass such a concurrent resolution, the authority granted by subsection (c)(1) shall cease to be effective with respect to all countries at the end of such 18-month period; (B) both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 18-month period; or (C) one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end oi such 18-month period. (3) If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c)(1), and at the end of the 18-month period referred to in subsection (c)(1) the House of Representatives and the Senate have not adopted a concurrent resolution approving the extension of such authority and subparagraph (A) of paragraph (2) does not apply, such authority shall continue in effect for a period of 60 days following the end of such 18-month period with respect to any country (except for any country with respect to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2)), and shall continue in effect for a period of 12 months followini; the end of such 18-month period with respect to any such country if, before the end of such 60-day period, the House of Representatives and the Senate adopt, by an affirmativ^e vote of a majority of the Members present and voting in each House and under the procedures set forth m section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 60-day period, a concurrent resolution approving the extension of such authority is not adopted by the House and Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and—• (A) both the House and the Senate fail to pass such a concurrent resolution, the authority granted by subsection (c)(1) shall cease to be effective with respect to all countries on the date of the vote on the question of final passage by the House which votes last;

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(B) both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period; or (C) one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period. (4) If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c)(1), and at the end of the 60-day period referred to in paragraph (3) the House of Representatives and the Senate have not adopted a concurrent resolution approving the extension of such authority and subparagraph (A) of paragraph (3) does not apply, such authority shall continue in effect until the end of the 12-month period following the end of the 18-month period referred to in subsection (c)(1) with respect to any country (except for any country with respect to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2) or subparagraph (B) or (C) of paragraph (3)), unless before the end of the 45-day period following such 60-day period either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that TTonse and under the procedures set forth in section 153, a resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 45-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 45-day period of a resolution disapproving the extension of such authority with respect to such country. (5) If the Avaiver authority granted by subsection (c) has been waiver authorextended under paragraph (3) or (4) for any country for the 12- ^^/^'^^^''ther extenmonth period referred to in such paragraphs, and the President determines that the further extension of such authority will substantially promote the obiectiv^es of this section, he may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall— (A) be made not later than 30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and (C) include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination. If the President recommends the further extension of such authority, such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension with respect to any country (except for any country with respect to which such authority has not been extended under this subsection), unless before the end of the 60-day period following such previous 12-month extension, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and vmder the procedures set forth in section 153, a ^"f^, p. 2006.

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19 USC 1202. 19 USC 2433.

19 USC 1202. 19 USC 2434.

19 USC 1202.

PUBLIC LAW 93-618-JAN. 3, 1975

[88 STAT.

resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 60-da^ period of a resolution disapproving the extension of such authority with respect to such country. (e) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 ^f ti^e Tariff Schedules of the United States on the date of the enactment of this Act. SEC. 403. UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTHEAST ASIA. (a) Notwithstanding any other provision of law, if the President determines that a nonmarket economy country is not cooperating with the United States— (1) to achieve a complete accounting of all United States military and civilian personnel who are missing in action in Southeast Asia, (2) to repatriate such personnel who are alive, and (3) to return the remains of such personnel who are dead to the United States, then, during the period beginning with the date of such determination and ending on the date on which the President determines such country is cooperating with the United States, he may provide that— (A) the products of such country may not receive nondiscriminatory treatment, (B) such country may not participate, directly or indirectly, in any program under which the United States extends credit, credit guarantees, or investment guarantees, and (C) no commercial agreement entered into under this title between such country and the United States will take effect. (b) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 ^f ^^^ rp^^j^ Schedules of the United States on the date of the enactment of this Act. sEc^ 404. EXTENSION OF NONDISCRIMINATORY TREATMENT. (a) Subject to the provisions of section 405(c), the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in section 405. (b) The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this title which has entered into an agreement with the United States regarding the settlement of lend-lease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement. (c) The President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a), and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Tar^Q Schedules for the United States.

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SEC. 405. AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS.

2061 19 USC 2435.

(a) Subject to the provisions of subsections (b) and (c) of this section, the President may authorize the entry into force of bilateral commercial agreements providing nondiscriminatory treatment to the products of countries heretofore denied such treatment whenever he determines that such agreements with such countries will promote the purposes of this Act and are in the national interest. (b) Any such bilateral commercial agreement shall— (1) be limited to an initial period specified in the agreement which shall be no more than 3 years from the date the agreement enters into force; except that it may be renewable for additional periods, each not to exceed 3 years; ir— (A) a satisfactory balance of concessions in trade and services has been maintained during the life of such agreement, and (B) the President determines that actual or foreseeable reductions in United States tariffs and nontariff barriers to trade resulting from multilateral negotiations are satisfactorily reciprocated by the other party to the bilateral agreement; (2) provide that it is subject to suspension or termination at any time for national security reasons, or that the other provisions of such agreement shall not limit the rights of any party to take any action for the protection of its security interests; (3) include safeguard arrangements (A) providing for prompt consultations whenever either actual or prospective imports cause or threaten to cause, or significantly contribute to, market disruption and (B) authorizing the imposition of such import restrictions as may be appropriate to prevent such market disruption; (4) if the other party to the bilateral agreement is not a party to the Paris Convention for the Protection of Industrial Property, 21 UST 1583. provide rights for United States nationals with respect to patents and trademarks in such country not less than the rights specified in such convention; (5) if the other party to the bilateral agreement is not a party to the Universal Copyright Convention, provide rights for ^ UST 2731, United States nationals with respect to copyrights in such country not less than the rights specified in such convention; (6) in the case of an agreement entered into or renewed after the date of the enactment of this Act, provide arrangements for the protection of industrial rights and processes; (7) provide arrangements for the settlement of commercial differences and disputes; (8) in the case of an agreement entered into or renewed after the date of the enactment of this Act, provide arrangements for the promotion of trade, which may include those for the establishment or expansion of trade and tourist promotion offices, for facilitation of activities of governmental commercial officers, participation in trade fairs and exhibits, and the sending of trade missions, and for facilitation of entry, establishment, and travel of commercial representatives; (9) provide for consultations for the purpose of reviewing the operation of the agreement and relevant aspects of relations between the United States and the other party; and (10) provide such other arrangements of a commercial nature as will promote the purposes of this Act. (c) An agreement referred to in subsection (a), and a proclamation referred to in section 404(a) implementing such agreement, shall take effect only if (1) approved by the Congress by the adoption of a

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 engaged in acquiring these fossils and when the work was done the rock exposure was left with a vertical face, so that no further product is now available. In this eastern region of New York State the Salina formation is without salt deposits but the Otisville basin doubtless antedated those deposits in central New York and is assignable to an early part of the Salina stage.

Colony P, or the Pittsford pool, is embedded in a black shale formation which has never been exposed in any natural outcrops. As we have observed, the rock was first brought to light by excavations made in the deepening of the Erie canal in 1895 and the outcrops were soon after covered by the riprap construction of the canal lining and so remain. Extensive collections of material were made by Mr Clifton Sarle and these were subsequently increased by the work of Messrs D. D. Luther, H. C. Wardell and Fred. Braun. The opportunity of further acquisitions from this fauna rests with the future and depends on possible new excavations in the progress of public improvements.

Colony H, or the Herkimer pool, has been long exploited. It lies above the horizon of the salt and its localities are in the vicinity of Jerusalem Hill, Clayville, Sauquoit and Waterville. The most productive parts of the region have been the Wheelock and Schooley farms near Jerusalem Hill, though here as elsewhere actual outcrops of the waterlime are few. Experience has shown that the exploitation of the fresh rock does not afford eurypterids in satisfactory preservation, because of its blue gray character. Exposure not only reduces this to a light gray but aids the fissility of the rock and the broad, flat surfaces of the fossils also help to induce cleavage planes in the matrix. Exposure of a few years to the weather aids but little. The experiment was made of taking from the outcrop a good many cords of fresh rock which were left exposed for a period of five years but the result in the particulars referred to was wholly unsatisfactory. Therefore the supply of these fossils has come from weathered slabs distributed over this region. Miles of stone fences have been inspected and many rods of them taken down and rebuilt. Some of


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Ante, p. 2004.

19 USC 2436. Ante,

p. 2011.

Report to President.

Publication in Federal Register. Ante, 2015.

pp. 2014,

Investigation.

Emergency action.

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concurrent resolution referred to in section 151, or (2) in the case of an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, a resolution of disapproval referred to in section 152 is not adopted during the 90-day period specified by section 407(c)(2). SEC. 406. MARKET DISRUPTION.

(a)(1) Upon the filing of a petition by an entity described in section 201(a)(1), upon request of the President or the Special Representative for Trade Negotiations, upon 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 International Trade Commission (hereafter in this section referred to as the "Commission") shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Communist country, whether market disruption exists with respect to an article produced by a domestic industry. (2) The provisions of subsections (a)(2), (b)(3), and (c) of section 201 shall apply with respect to investigations by the Commission under paragraph (1). (3) The Commission shall report to the President its determination with respect to each investigation under paragraph (1) and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds, as a result of its investigation, that market disruption exists with respect to an article produced by a domestic industry, it shall find the amount of the increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President, The Commission shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation. (4) The report of the Commission of its determination with respect to an investigation under paragraph (1) shall be made at the earliest practicable time, but not later than 3 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary thereof to be published in the Federal Register. (b) For purposes of sections 202 and 203, an affirmative determination of the Commission under subsection (a) shall be treated as an affirmative determination under section 201(b), except that— (1) the President may take action under sections 202 and 203 only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made, and (2) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date. (c) If, at any time, the President finds that there are reasonable grounds to believe, with respect to imports of an article which is the product of a Communist country, that market disruption exists with respect to an article produced by a domestic industry, he shall request the Commission to initiate an investigation under subsection (a). If the President further finds that emergency action is necessary, he may take action under sections 202 and 203 as if an affirmative determination of the Commission had been made under subsection (a). Any

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