text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/630

 98 STAT. 3002

PUBLIC LAW 98-573—OCT. 30, 1984 "(3) ANNUAL REVISIONS AND UPDATES.—The Trade Representative sheill annually revise and update the analysis and estimate under paragraph (1). "(b) REPORT TO CONGRESS.—

Ante, p. 3000.

"(1) IN GENERAL.—On or before the date which is one year after the date of the enactment of the International Trade and Investment Act, and each year thereafter, the Trade Representative shall submit the analysis and estimate under subsection (a) to the Committee on Finance of the Senate and to the Committee on Ways and Means of the House of Representatives. "(2)

REPORTS TO INCLUDE INFORMATION WITH RESPECT TO

ACTION BEING TAKEN.—The Trade Representative shall include in each report submitted under paragraph (1) information with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsection (a), including, but not limited to— "(A) any action under section 301, or "(B) negotiations or consultations with foreign governments. "(3) CONSULTATION WITH CONGRESS ON TRADE POLICY PRIOR-

ITIES.—The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. "(c) ASSISTANCE OF OTHER AGENCIES.— "(1) FURNISHING OF INFORMATION.—The

head of each department or Eigency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. "(2) RESTRICTIONS ON RELEASE OR USE OF INFORMATION.—Noth-

ing in this subsection shall authorize the release of information to, or the use of information by, the Trade Representative in a manner inconsistent with law or any procedure established pursuant thereto. "(3) PERSONNEL AND SERVICES.—The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Trade Representative may request to assist in carrying out his functions.", (b) The table of contents for title I is amended by adding at the end thereof the following: "CHAPTER 8—BARRIERS TO MARKET ACCESS

"Sec. 181. Actions concerning barriers to market access.". SEC. 304. AMENDMENTS TO TITLE i l l OF THE TRADE ACT OF 1974.

(a) Section 301(a) (19 U.S.C. 2411(a)) is amended to read as follows: "(a) DETERMINATIONS REQUIRING ACTION.—

President of U.S.

"(1) IN GENERAL.—If the President determines that action by the United States is appropriate— "(A) to enforce the rights of the United States under any trade agreement; or

�


text: Author:Henry James Ten Eyck

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Author:Henry James Ten Eyck


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/631

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3003

"(B) to respond to any act, policy, or practice of a foreign country or instrumentality that— (i) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or "(ii) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President shall take all appropriate and feasible action within his power to enforce such rights or to obtain the elimination of such act, policy, or practice. "(2) SCOPE OF ACTION.—The President may exercise his

authority under this section with respect to any goods or sector— "(A) on a nondiscriminatory basis or solely against the foreign country or instrumentality involved, and "(B) without regard to whether or not such goods or sector were involved in the act, policy, or practice identified under paragraph (1).". (b) Section 301(b) (19 U.S.C. 2411(b)) is amended— (1) by striking out "and" at the end of paragraph (1); (2) by inserting ", notwithstanding any other provision of law," before "fees in paragraph (2); and (3) by striking out products" in paragraph (2) and inserting in lieu thereof "goods". (c) Section 301 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: "(c) ADDITIONAL ACTIONS ON SERVICES.—

"(1) IN GENERAL.—Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in subsection (b), the President may— "(A) restrict, in the manner and to the extent the President deems appropriate, the terms and conditions of any such authorization, or "(B) deny the issuance of any such authorization. "(2) AFFECTED AUTHORIZATIONS.—Actions under paragraph (1) shall apply only with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which— "(A) a petition is filed under section 302(a), or infra. "(B) a determination to initiate an investigation is made by the United States Trade Representative (hereinafter in this chapter referred to as the 'Trade Representative') under section 302(c). "(3) CONSULTATION.—Before the President takes action under subsection (b) or (c) involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned.". (d)(1) Section 302 (19 U.S.C. 2412) is amended to read as follows: "SEC. 302. INITIATION OF INVESTIGATIONS BY UNITED STATES TRADE REPRESENTATIVE. "(a) FiliNG OF PETITION.—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/632

 98 STAT. 3004

Arete, p. 3002.

Federal

^g?^J, pu ica ion.

PUBLIC LAW 98-573—OCT. 30, 1984 "(1) IN GENERAL.—Any interested person may file a petition with the United States Trade Representative (hereinafter in this chapter referred to as the 'Trade Representative') requesting the President to take action under section 301 and setting forth the allegations in support of the request. "(2) REVIEW OF ALLEGATIONS.—The Trade Representative shall review the allegations in the petition and, not later than forty-five days after the date on which he received the petition, shall determine whether to initiate an investigation. "(b) DETERMINATIONS REGARDING PETITIONS.— "(1) NEGATIVE DETERMINATION.—If the Trade

Representative determines not to initiate an investigation with respect to a petition, he shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. "(2) AFFIRMATIVE DETERMINATION.—If the Trade Representative determines to initiate an investigation with respect to a petition, he shall initiate an investigation regarding the issues raised. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing— "(A) within the thirty-day period after the date of the determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition; or "(B) at such other time if a timely request therefor is made by the petitioner or by any interested person.

"(c) DETERMINATION TO INITIATE BY MOTION OF TRADE REPRESENTATIVE.— "(1) DETERMINATION TO INITIATE.—If the Trade Representative

19 USC 2155. 19 USC 2171.

Ante, p. 3003.

determines with respect to any matter that an investigation should be initiated in order to advise the President concerning the exercise of the President's authority under section 301, the Trade Representative shall publish such determination in the Federal Register and such determination shall be treated as an affirmative determination under subsection (b)(2). "(2) CONSULTATION BEFORE INITIATION.—The Trade Representative shall, before making any determination under paragraph (1), consult with appropriate committees established pursuant to section 135.". (2)(A) Section 141(d) is amended— (i) by striking out "and" at the end of paragraph (6), (ii) by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon and "and", and (iii) by adding at the end thereof the following new paragraph: "(8) provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating thereto were made.". (B) Section 303 (19 U.S.C. 2413) is amended— (i) by striking out "with respect to a petition"; (ii) by inserting "or the determination of the 'Trade Representative Under section 302(c)(l)" after "in the petition"; and (iii) by inserting "(if any)" after "petitioner".

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/633

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3005

(C) Section 304 (19 U.S.C. 2414) is amended by striking out "issues raised in the petition" and inserting in lieu thereof "matters under investigation" in paragraph (1) of subsection (a). (D) The item relating to section 302 in the table of contents is amended to read as follows: "Sec. 302. Initiation of Investigations by United States Trade Representative.".

(e) Section 303 (19 U.S.C. 2413) is amended— (1) by inserting "(a) IN GENERAL.—" before "On"; and

(2) by adding at the end thereof the following new subsection: "db) DELAY OF REQUEST FOR CONSULTATIONS FOR U P TO 90 DAYS.—

"(1) IN GENERAL.—Notwithstanding the provisions of subsection (a)— "(A) the United States Trade Representative may delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and "(B) if such consultations are delayed by reason of subparagraph (A), each time limitation under section 304 shall be extended for the period of such delay. "(2) NOTICE AND REPORT.—The Trade Representative shall— "(A) publish notice of any delay under paragraph (1) in the Federal Register, and "(B) report to Congress on the reasons for such delay in the report required by section 306.". (f)(1) Paragraph (1) of section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended to read as follows: "(1) COMMERCE.—The term 'commerce' includes, but is not limited to— "(A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and "(B) foreign direct investment by United States persons with implications for trade in goods or services.". (2) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by adding at the end thereof the following new paragraphs: "(3) UNREASONABLE.—The term 'unreasonable' means any act, policy, or practice which, while not necessarily in violation of or inconsistent with the international legal rights of the United States, is otherwise deemed to be unfair and inequitable. The term includes, but is not limited to, any act, policy, or practice which denies fair and equitable— "(A) market opportunities; "(B) opportunities for the establishment of an enterprise; or "(C) provision of adequate and effective protection of intellectual property rights. "(4) UNJUSTIFIABLE.—

"(A) IN GENERAL.—The term 'unjustifiable' means any act, policy, or practice which is in violation of, or inconsistent with, the international legal rights of the United States. "(B) CERTAIN ACTIONS INCLUDED.—The term 'unjustifiable' includes, but is not limited to, any act, policy, or practice described in subparagraph (A) which denies

19 USC 2414. Federal ^^fi^^t' ^^ ^'^^ ^°^' 19 USC 2416.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/634

 98 STAT. 3006

PUBLIC LAW 98-573—OCT. 30, 1984

national or most-favored-nation treatment, the right of estabhshment, or protection of intellectual property rights. "(5) DEFINITION OF DISCRIMINATORY.—The term 'discriminatory' includes, where appropriate, any act, policy, or practice which denies national or most-favored-nation treatment to United States goods, services, or investment. "(6) SERVICE SECTOR ACCESS AUTHORIZATION.—The term 'service sector access authorization' means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.". (3) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by striking out the heading and inserting in lieu thereof: "(e) DEFINITIONS; SPECIAL RULE FOR VESSEL CONSTRUCTION SUBSI-

DIES.—For purposes of this section—". (g) Section 305 of the Trade Act of 1974 (19 U.S.C. 2415) is amended by adding at the end thereof the following new subsection: Confidentiality.

"(c) CERTAIN BUSINESS INFORMATION NOT M A D E AVAILABLE.—

"(1) IN GENERAL.—Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5, United States Code), no information requested and received by the Trade Representative in aid of any investigation under this chapter shall be made available to any person if— "(A) the person providing such information certifies that— "(i) such information is business confidential, "(ii) the disclosure of such information would endanger trade secrets or profitability, and "(iii) such information is not generally available; "(B) the Trade Representative determines that such certification is well-founded; and "(C) to the extent required in regulations prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information. "(2) USE OF INFORMATION.—The Trade Representative may— "(A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this chapter, or "(B) may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information.". SEC. 305. NEGOTIATING OBJECTIVES WITH RESPECT TO INTERNATIONAL TRADE IN SERVICES AND INVESTMENT AND HIGH TECHNOLOGY INDUSTRIES.

(a)(1) Chapter 1 of title I is amended by inserting immediately after section 104 the following new section: 19 USC 2114a.

"SEC. 104A. NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH TECHNOLOGY PRODUCTS. "(a) TRADE IN SERVICES.—

19 USC 2112.

"(1) IN GENERAL.—Principal United States negotiating objectives under section 102 shall be—

�


text:
Author:Daniel Greenleaf Thompson

Articles in Popular Science Monthly

 * 1.
 * 2.
 * 3.

title: Author:Daniel Greenleaf Thompson


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/635

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3007

"(A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and "(B) to develop internationaly agreed rules, including dispute settlement procedures, which— "(i) are consistent with the commercial policies of the United States, and "(ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services. "(2) DOMESTIC OBJECTIVES.—In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. "(b) FOREIGN DIRECT INVESTMENT.—

"(1) IN GENERAL.—Principal United States negotiating objectives under section 102 shall be— "(A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and "(B) to develop internationaly agreed rules, including dispute settlement procedures, which— "(i) will help ensure a free flow of foreign direct investment, and "(ii) will reduce or eliminate the trade distortive effects of certain investment related measures. "(2) DOMESTIC OBJECTIVES.—In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. "(c) HIGH TECHNOLOGY PRODUCTS.—Principal United States negotiating objectives shall be— "(1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services; "(2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 181, with particular consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including— "(A) foreign industrial policies which distort international trade or investment; "(B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries;

19 USC 2112.

Ante, p. 3001.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/636

 98 STAT. 3008

PUBLIC LAW 98-573—OCT. 30, 1984

"(C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights); "(D) measures which impair access to domestic markets for key commodity products; and "(E) measures which facilitate or encourage anticompetitive market practices or structures; "(3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services; "(4) to obtain the reduction or elimination of all tariffs on, and other barriers to. United States exports of high technology products and related services; "(5) to obtain commitments to foster national treatment; "(6) to obtain commitments to— "(A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and "(B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and "(7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data. "(d) DEFINITION OF BARRIERS AND OTHER DISTORTIONS.—For purposes of subsection (a), the term 'barriers to, or other distortions of, international trade in services' includes, but is not limited to— "(1) barriers to establishment in foreign markets, and "(2) restrictions on the operation of enterprises in foreign markets, including— "(A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and "(B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.". (2) The table of contents for chapter 1 of title I is amended by inserting after the item relating to section 104 the following new item: "Sec. 104A. Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products.". 19 USC 2114b.

SEC. 306. PROVISIONS SERVICES.

RELATING

TO

INTERNATIONAL

TRADE

IN

(a)(1) The Secretary of Commerce shall establish a service industries development program designed to— (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce; (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/637

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3009

not limited to, data on trade, both aggregate and pertaining to individual service industries; (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to— (i) policies of foreign governments toward foreign and United States service industries; (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade; (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector; (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports; (v) treatment of services under international agreements of the United States; (vi) antitrust policies as such policies affect the competitiveness of United States firms; and (vii) treatment of services in international agreements of the United States; (D) conduct a program of research and analysis of servicerelated issues and problems, including forecasts and industrial strategies; and (E) conduct sectoral studies of domestic service industries. (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services. (3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report. (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes. (5) For purposes of this section, the term "services" means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism. GJXD The International Investment Survey Act of 1976 (Public Law 94-472; 22 U.S.C. 3101, et seq.) is hereby redesignated the "International Investment and Trade in Services Survey Act". (2)(A) Subsection (a) of section 2 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3301) is amended— (i) by striking out "and" at the end of paragraph (6); (ii) by inserting "and trade in services" after "international investment" in paragraph (7); (iii) by redesignating paragraph (7) as paragraph (9); and

Report.

International Investment and Trade in Services Survey Act. 22 USC 3101 note.

�


text:
Author:William Gilman Thompson

Works

 * Practical Dietetics (1895)
 * The Occupational Diseases (1914)

Articles in Popular Science Monthly

 * 1.

title: Author:William Gilman Thompson


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/638

 98 STAT. 3010

22 USC 3101.

19 USC 2114c. 19 USC 1872.

PUBLIC LAW 98-573—OCT. 30, 1984

(iv) by inserting after paragraph (6) the following new paragraphs: "(7) United States service industries engaged in interstate and foreign commerce account for a substantial part of the labor force and gross national product of the United States economy, and such commerce is rapidly increasing; "(8) international trade and services is an important issue for international negotiations and deserves priority in the attention of governments, international agencies, negotiators, and the private sector; and". (B) Subsection (b) of section 2 of such Act is amended— (i) by inserting "and United States foreign trade in services, whether directly or by affiliates, including related information necessary for assessing the impact of such investment and trade," after "international investment" the first place it appears; and (ii) by inserting "and trade in services" after "international investment" the second place it appears. (C) Subsection (c) of section 2 of such Act is amended by striking out "or United States investment abroad" and inserting in lieu thereof ", United States investment abroad, or trade in services". (3) Paragraph (3) of section 4(a) of such Act (22 U.S.C. 3103(a)(3)) is amended— (A) by inserting "Finance" after "to the Committees on", and (B) by striking out "the Committee on Foreign Affairs" and inserting in lieu thereof "the Committees on Ways and Means, Energy and Commerce, and Foreign Affairs". (4)(A) Subsection (a) of section 4 of such Act (22 U.S.C. 3103(a)) is amended— (i) by striking out "presentation relating to international investment" in paragraph (3) and inserting in lieu thereof "presentation"; (ii) by inserting "and trade in services" after "international investment" each place it appears in paragraphs (1), (2), and (3); (iii) by striking out "and" at the end of paragraph (3); (iv) by redesignating paragraph (4) as paragraph (5); and (v) by inserting after paragraph (3) the following new paragraph: "(4) conduct (not more frequently than once every five years and in addition to any other surveys conducted pursuant to paragraphs (1) and (2)) benchmark surveys with respect to trade in services between unaffiliated United States persons and foreign persons; and". (B) Subparagraph (C) of section 4(b)(2) of such Act is amended by inserting "(including trade in both goods and services)" after "regarding trade". (C) Subsection (f) of section 4 of such Act is gmiended by inserting "and trade in services" after "international investment". (5) Subsection (b) of section 5 of such Act (22 U.S.C. 3104) is amended by striking out "international investment" each place it appears. (c)(l)(A) The United States Trade Representative, through the interagency trade organization established pursuant to section 242(a) of the Trade Expansion Act of 1962 or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/639

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3011

(B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services— (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department's or agency's attention with respect to— (I) the treatment afforded United States service sector interest in foreign markets; or (II) allegations of unfair practices by foreign governments or companies in a service sector; and (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives and the domestic implementation of service-related agreements. (C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector. (2)(A) The President shall, as he deems appropriate— President of U.S. (i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services; (ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the matters described in clause (i); and (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in services. (B) Section 135 (19 U.S.C. 2155) is amended— (i) by inserting "and the non-Federal governmental sector" after ' private sector" in subsection (a), (ii) by adding at the end of subsection (c) the following new paragraph: "(3) The President— "(A) may establish policy advisory committees representing non-Federal governmental interests to provide, where the President finds it necessary, policy advice— "(i) on matters referred to in subsection (a), and "(ii) with respect to implementation of trade agreements, and "(B) shall include as members of committees established under subparagraph (A) representatives of non-Federal governmental interests if he finds such inclusion appropriate after consultation by the United States Trade Representative with such representatives."; (iii) by inserting "or non-Federal government" after "private" each place it appears in subsections (g) and (j); (iv) by inserting "government," before "labor" in subsection (j); and (v) by adding at the end thereof the following new subsection:

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/640

 98 STAT. 3012

PUBLIC LAW 98-573—OCT. 30, 1984

"(n) NON-FEDERAL GOVERNMENT DEFINED.—The term 'non-Federal government' means— "(1) any State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or "(2) any agency or instrumentality of any entity described in paragraph (1)."; and (vi) by inserting "or Public" after "Private" in the heading (C)(i) Section 104(c) (19 U.S.C. 2114(c)) is amended by inserting "or non-Federal governmental" after "private". (ii) Section 303 (19 U.S.C. 2413) and section 304(b)(2) (19 U.S.C. 2414(b)(2)) are each amended by striking out "private sector". (iii) The table of sections for chapter 3 of title I is amended by inserting "and public" after "private" in the item relating to section 135. SEC. 307. NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT INVESTMENT.

19 USC 2ii4d.

(a) Paragraph (3) of section 102(g) (19 U.S.C. 2112(g)(3)) is amended to read as follows: "(3) the term 'international trade' includes— "(A) trade in both goods and services, and "(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.". (b)(l) If the United States Trade Representative, with the advice of the committee established by section 242 of the Trade Expansion of 1962 (19 U.S.C. 1872), determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned. (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) or paragraph (3) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before the date of enactment of this Act, or (B) any written commitment relating to a foreign direct investment that is binding on the date of enactment of this Act has been made directly or indirectly by any United States person. (4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 123 of the Trade Act of 1974 (19 U.S.C.

�


text:
Author:Julien Thoulet

Works

 * "Oceanography" in Annual Report of the Board of Regents of the Smithsonian Institution for 1898, pages 407–425 (1899)

title: Author:Julien Thoulet


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/641

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3013

2133) for providing compensation for actions taken under section 203 of that Act.

Ante, p. 3003.

SEC. 308. NEGOTIATION OF AGREEMENTS CONCERNING HIGH TECHNOLOGY INDUSTRIES.

(a) The President may enter into such bilateral or multilateral 19 USC 2ii4e. agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under section 104A(c) of the Trade Act of 1974. Ante, p. 3006. 0)X1) Chapter 2 of title I is amended by inserting at the end thereof the following new section: "SEC. 128. MODIFICATION AND CONTINUANCE OF TREATMENT WITH RESPECT TO DUTIES ON HIGH TECHNOLOGY PRODUCTS.

19 USC 2138.

"(a) In order to cany out any agreement concluded as a result of the negotiating objectives under section 104A(c), the President may 19 USC 2151 proclaim, subject to the provisions of chapter 3— «^ seq. "(1) such modification, elimination, or continuance of any existing duty, duty-free, or excise treatment, or "(2) such additional duties, as he deems appropriate. "0)) The President shall exercise his authority under subsection (a) only with respect to the following items listed in the Tariff Schedules of the United States (19 U.S.C. 1202): "(1) Transistors (provided for in item 587.70, part 5, schedule 6). "(2) Diodes and rectifiers (provided for in item 687.72, part 5, schedule 6). "(3) Monolithic integrated circuits (provided for in item 687.74, part 5, schedule 6). "(4) Other integrated circuits (provided for in item 687.77, part 5, schedule 6). "(5) Other components (provided for in item 687.81, part 5, schedule 6). "(6) Parts of semiconductors (provided for in item 687.85, part 5, schedule 6). "(7) Parts of automatic data-processing machines and units thereof (provided for in item 676.52, part 4G, schedule 6) other than parts incorporating a cathode ray tube. "(c) TERMINATION.—The President may exercise his authority under this section only during the 5-year period beginning on the date of the enactment of the International Trade and Investment Act.". (2) The table of contents of chapter 1 of title I is amended by adding at the end thereof the following new item: "Sec. 128. Modification and continuance of treatment with respect to duties on high technology products.".

TITLE IV—TRADE WITH ISRAEL SEC. 401. NEGOTIATION OF TRADE AGREEMENTS TO REDUCE TRADE BARRIERS.

(a) Subsection (b) of section 102 of the Trade Act of 1974 (19 U.S.C. 21120))) is amended— (1) by striking out "Whenever" and inserting in lieu thereof "(1) Whenever", and

31-194

0 - 8 6 - 2 1

 * QL.3

PartS

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/642

 98 STAT. 3014

PUBLIC LAW 98-573—OCT. 30, 1984

19 USC 2411.

(2) by adding at the end thereof the following new paragraphs: "(2)(A) Trade agreements that provide for the elimination or reduction of any duty imposed by the United States may be entered into under paragraph (1) only with Israel. "(B) The negotiation of any trade agreement entered into under paragraph (1) with Israel that provides for the elimination or reduction of any duty imposed by the United States shall take fully into account any product that benefits from a discriminatory preferential tariff arrangement between Israel and a third country if the tariff preference on such product has been the subject of a challenge by the United States Government under the authority of section 301 of the Trade Act of 1974 and the General Agreement on Tariffs and

TIAS1700.

Trade.

19 USC 2191.

"(C) Notwithstanding any other provision of this section, the requirements of subsections (c) and (e)(1) shall not apply to any trade agreement entered into under paragraph (1) with Israel that provides for the elimination or reduction of any duty imposed by the United States. "(3) Notwithstanding any other provision of law, no trade benefit shall be extended to any country by reason of the extension of any trade benefit to another country under a trade agreement entered into under pars^aph (1) with such other country. "(4)(A) Notwithstanding paragraph (2), a trade ^ e e m e n t that provides for the elimination or reduction of any duty imposed by the United States may be entered into under paragraph (1) with any country other than Israel if— (i) such country requested the negotiation of such an agreement, and "(ii) the President, at least 60 days prior to the date notice is provided under subsection (e)(l)— "(I) provides written notice of such negotiations to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, and "(II) consults with such committees regarding the negotiation of such agreement. "(B) The provisions of section 151 shall not apply to an implementing bill (within the meaning of section 151(b)) if— "(i) such implementing bill contains a provision approving of any trade agreement which— "(I) is entered into under this section with any country other than Israel, and "(II) provides for the elimination or reduction of any duty imposed by the United States, and "(ii) either— "(I) the requirements of subparagraph (A) were not met with respect to the negotiation of such agreement, or "(II) the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives disapproved of the negotiation of such agreement before the close of the 60-day period which begins on the date notice is provided under subsection (A)(iiXD with respect to the negotiation of such agreement. "(C) The 60-day period described in subparagraphs (A)(ii) and (B)(ii)(II) shall be computed without regard to— "(i) the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/643

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3015

"(ii) any Saturday and Sunday, not excluded under clause (i), when either House of Congress is not in session.", (b) Paragraph (1) of section 102(g) of the Trade Act of 1974 (19 U.S.C. 2112(g)) is amended to read as follows: "(1) the term 'barrier' includes— "(A) the American selling price basis of customs evaluation as defined in section 402 or 402a of the Tariff Act of 1930, as appropriate, and "(B) any duty or other import restriction;". (c)(1) Section 102 of the Trade Act of 1974 (19 U.S.C. 2112) is amended by striking out "Nontariff' in the heading. (2) The table of contents of the Trade Act of 1974 is amended by striking out "Nontariff in the item relating to section 102. SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.

19 USC 2112

(a)(1) Any trade agreement entered into with Israel under section 102(b)(l) of the Trade Act of 1974 may provide for the reduction or Ante, p. 3013. elimination of any duty imposed by the United States with respect to any article only if— (A) that article is the growth, product, or manufacture of Israel or is a new or different article of commerce that has been grown, produced, or manufactured in Israel; (B) that article is imported directly from Israel into the customs territory of the United States; and (C) the sum of— (i) the cost of value of the materials produced in Israel, plus (ii) the direct costs of processing operations performed in Israel, is not less than 35 percent of the appraised value of such article at the time it is entered. If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this subsection applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (C). (2) No article may be considered to be an eligible Israeli article by virtue of having merely undergone— (A) simple combining or packaging operations; or (B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (b) As used in this section, the phrase "direct costs of processing operations" includes, but is not limited to— (1) all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-job training and the cost of engineering, supervisory, quality control, and similar personnel; and (2) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise. Such phrase does not include costs which are not directly attributable to the merchandise concerned, or are not costs of manufacturing the product, such as (A) profit, and (B) general expenses of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assembly of the merchandise, such as administrative salaries, casualty

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/644

 98 STAT. 3016

PUBLIC LAW 98-573—OCT. 30, 1984

and liability insurance, advertising, and salesmen's salaries, commissions or expenses. (c) REGULATIONS.—The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section. 19 USC 2112 "°^

Ante, p. 3013. 19 USC 2253, 1862. 19 USC 2251.

SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS. (a) SUSPENSION OF DUTY-FREE TREATMENT.—The President may by

proclamation suspend the reduction or elimination of any duty provided under any trade agreement provision entered into with Israel under the authority of section 1020t)Xl) of the Trade Act of 1974 with respect to any article and may proclaim a duty rate for such Eirticle if such action is proclaimed under section 203 of the Trade Act of 1974 or section 232 of the Trade Expansion Act of 1962. (b) ITC REPORTS.—In any report by the United States International Trade Commission (hereinafter referred to in this title as the "Commission") to the President under section 201(d)(l) of the Trade Act of 1974 regarding any article for which a reduction or elimination of any duty is provided under a trade agreement entered into with Israel under section 102(b)(l) of the Trade Act of 1974, the Commission shall state whether and to what extent its findings and recommendations apply to such an article when imported from Israel. (c) For purposes of subsections (a) and (c) of section 203 of the Trade Act of 1974, the suspension of the reduction or elimination of a duty under subsection (a) shall be treated as an increase in duty. (d) No proclamation which provides solely for a suspension referred to in subsection (a) with respect to any article shall be made under subsections (a) and (c) of section 203 of the Trade Act of 1974 unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b) of the Trade Act of 1974, determines in the course of its investigation under that section that the serious injury (or threat thereof substantially caused by imports to the domestic industry producing a like or directly competitive article results from the reduction or elimination of any duty provided under any trade agreement provision entered into with Israel under section 102(b)(l) of the Trade Act of 1974. (e)(1) Any proclamation issued under section 203 of the Trade Act of 1974 that is in effect when an agreement with Israel is entered into under section 1020t)Xl) of the Trade Act of 1974 shall remain in effect until modified or terminated. (2) If any article is subject to import relief at the time an agreement is entered into with Israel under section 102(b)(l) of the Trade Act of 1974, the President may reduce or terminate the application of such import relief to the importation of such article before the otherwise scheduled date on which such reduction or termination would occur pursuant to the criteria and procedures of subsections (h) and (i) of section 203 of the Trade Act of 1974.

19 USC 2112

SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.

"°*®'

(a) If a petition is filed with the Commission under the provisions of section 201 of the Trade Act of 1974 regarding a perishable product which is subject to any reduction or elimination of a duty imposed by the United States under a trade agreement entered into with Israel under section 1020t)Xl) of the Trade Act of 1974 and alleges injury from imports of that product, then the petition may

�


text:
Author:Paul Topinard

Works

 * Science and Faith, or Man as an Animal, and Man as a Member of Society, translated by T. J. McCormack (1899)

title: Author:Paul Topinard


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/645

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3017

also be filed with the Secretary of Agriculture with a request that emergency relief be granted under subsection (c) with respect to such article. (b) Within 14 days after the filing of a petition under subsection (a)(1) if the Secretary of Agriculture has reason to believe that a perishable product from Israel is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported product and that emergency action is warranted, he shall advise the President and recommend that the President take emergency action; or (2) the Secretary of Agriculture shall publish a notice of his determination not to recommend the imposition of emergency action and so advise the petitioner. (c) Within 7 days after the President receives a recommendation President of U.S. from the Secretary of Agriculture to take emergency action under subsection (b), he shall issue a proclamation withdrawing the reduction or elimination of duty provided to the perishable product under any trade agreement provision entered into under section 102(b)(1) of the Trade Act of 1974 or publish a notice of his determination not Ante, p. 3013. to take emergency action. (d) The emergency action provided under subsection (c) shall cease to apply— (1) upon the proclamation of import relief under section 202(a)(l) of the Trade Act of 1974; 19 USC 2252. (2) on the day the President makes a determination under section 203(b)(2) of such Act not to impose import relief; 19 USC 2253. (3) in the event of a report of the Commission containing a negative finding, on the day the Commission's report is submitted to the President; or (4) whenever the President determines that because of changed circumstances such relief is no longer warranted. (e) For purposes of this section, the term "perishable product" means any— (1) live plant provided for in subpart A of part 6 of schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202, hereinafter referred to as the "TSUS"); (2) vegetable provided for in schedule 1, part 8, of the TSUS; (3) fresh mushroom provided for in item 144.10 of the TSUS; (4) edible nut or fruit provided for in schedule 1, part 9, of the TSUS; (5) fresh cut flower provided for in items 192.17, 192.18, and 192.21 of the TSUS; and (6) concentrated citrus fruit provided for in items 165.25 and 165.35 of the TSUS. (f) No trade agreement entered into with Israel under section 102(b)(1) of the Trade Act of 1974 shall affect fees imposed under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624). SEC. 406. CONSTRUCTION OF TITLE. 19 USC 2112 Neither the taking effect of any trade agreement provision entered into with Israel under section 102(b)(1), nor any proclamation issued to implement any such provision, may affect in any manner, or to any extent, the application to any Israeli articles of section 232 of the Trade Expansion Act of 1962, section 337 of title 19 USC 1862.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/646

 98 STAT. 3018 19 USC 1337, 19 USC 2251 et seq., 2411 et seq.

PUBLIC LAW 98-573—OCT. 30, 1984

v n of the Tariff Act of 1930, chapter 1 of title II and chapter 1 of which relief from injury caused by import competition or by unfair import trade practices may be sought.
 * ^*^? ^^^ °^ *^® Trade Act of 1974, or any other provision of law under

Generalized SSnces

TITLE V—GENERALIZED SYSTEM OF PREFERENCES RENEWAL

Renewal Act of 1984.

SECTION 501. SHORT TITLE; STATEMENT OF PURPOSE.

19 USC 2101 note. 19 USC 2461

(a) This title may be cited as the "Generalized System of Preferences Renewal Act of 1984". (b) The purpose of this title is to—

not®-

(1) promote the development of developing countries, which

often need temporary preferential advantages to compete effectively with industrialized countries; (2) promote the notion that trade, rather than aid, is a more effective and cost-efficient way of promoting broad-based sustained economic development; (3) take advantage of the fact that developing countries provide the fastest growing markets for United States exports and that foreign exchange earnings from trade with such countries through the Generalized System of Preferences can further stimulate United States exports; (4) allow for the consideration of the fact that there are significant differences among developing countries with respect to their general development and international competitiveness; (5) encourage the providing of increased trade liberalization measures, thereby setting an example to be emulated by other industrialized countries; (6) recognize that a large number of developing countries must generate sufficient foreign exchange earnings to meet international debt obligations; (7) promote the creation of additional opportunities for trade among the developing countries; (8) integrate developing countries into the international trading system with its attendant responsibilities in a manner commensurate with their development; (9) encourage developing countries— (A) to eliminate or reduce significant barriers to trade in goods and services and to investment, (B) to provide effective means under which foreign nationals may secure, exercise, and enforce exclusive intellectual property rights, and (C) to afford workers internationaly recognized worker rights; and (10) address the concerns listed in the preceding paragraphs in a manner that— (A) does not adversely affect United States producers and workers, and (B) conforms to the international obligations of the United States under the General Agreement on Tariffs and TIAS1700.

Trade. SEC.

502. CONSIDERATION OF A BENEFICIARY DEVELOPING COUNTRY'S COMPETITIVENESS IN EXTENDING PREFERENCES.

Section 501 of the Trade Act of 1974 (19 U.S.C. 2461) is amended—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/647

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3019

(1) by inserting "through the expansion of their exports" before the semicolon at the end of paragraph (1); (2) by striking out "and" at the end of paragraph (2); (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and (4) by adding at the end thereof the following new paragraph: "(4) the extent of the beneficiary developing country's competitiveness with respect to eligible articles.". SEC. 503. AMENDMENTS RELATING TO THE BENEFICIARY DEVELOPING COUNTRY DESIGNATION CRITERIA.

(a) Section 502(a) of the Trade Act of 1974 (19 U.S.C. 2462(a)) is amended by adding at the end thereof the following new paragraph: "(4) For purposes of this title, the term 'internationaly recognized worker rights' includes— "(A) the right of association; "(B) the right to organize and bargain collectively; "(C) a prohibition on the use of any form of forced or compulsory labor; "(D) a minimum age for the employment of children; and "(E) acceptable conditions of work with respect to minimum weiges, hours of work, and occupational safety and health.". (b) Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended— (1) by striking out "Hungary" in the list of countries preceding paragraph (1); (2) by inserting ", including patents, trademarks, or copyrights" after "control of such property" in paragraph (4)(A) and (B); (3) by inserting ", including patents, trademarks, or copyrights" after "control of such property" in paragraph (4)(C); (4) by striking out "and" at the end of paragraph (6); (5) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; (6) by inserting after paragraph (7) the following new paragraph: "(8) if such country has not taken or is not taking steps to afford internationaly recognized worker rights to workers in the country (including any designated zone in that country)."; and (7) by striking out "and (7)" in the unnumbered paragraph at the end of the subsection and inserting in lieu thereof "(7), and (8)". (c) Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462) is amended— (1) by striking out "and" at the end of paragraph (3); (2) by striking out the period at the end of paragraph (4) and of inserting in lieu thereof the following: "and the extent to which such country has assured the United States that it will refrain from engaging in unreasonable export practices;", and (3) by adding at the end thereof the following new paragraphs: "(5) the extent to which such country is providing adequate and effective means under its laws for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellectual property, including patents, trademarks, and copyrights; "(6) the extent to which such country has taken action to—

�


text: Author:Spencer Trotter

title: Author:Spencer Trotter


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/648

 98 STAT. 3020

PUBLIC LAW 98-573—OCT. 30, 1984 "(A) reduce trade distorting investment practices and policies (including export performance requirements); and "(B) reduce or eliminate barriers to trade in services; and "(7) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationaly recognized worker rights.".

SEC. 504. REGULATIONS; ARTICLES WHICH MAY NOT BE DESIGNATED AS ELIGIBLE ARTICLES.

(a) Section 503(b) of the Tariff Act of 1930 (19 U.S.C. 2463(b)) is amended by inserting ", after consulting with the United States Trade Representative," immediately after "The Secretary of the Treasury in the last sentence thereof. (b) Section 503(c)(1)(E) of the Trade Act of 1974 (19 U.S.C. 2463(c)(1)(E)) is amended to read as follows: "(E) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of this title on April 1, 1984,". SEC. 505. LIMITATIONS ON PREFERENTIAL TREATMENT.

(a) Section 504(a) of the Trade Act of 1974 (19 U.S.C. 2464) is amended— (1) by striking out "The President" and inserting in lieu thereof "(1) The President"; and (2) by adding at the end thereof the following new paragraph: President of U.S. "(2) The President shall, as necessary, advise the Congress and, by Report. no later than January 4, 1988, submit to the Congress a report on the application of sections 501 and 502(c), and the actions the President has taken to withdraw, to suspend, or to limit the application of duty-free treatment with respect to any country which has Ante, p. 3019. failed to adequately take the actions described in section 502(c).". (b) Section 504(c) and (d) of the Trade Act of 1974 (19 U.S.C. 2464 (c) and (d)) a e amended to read as follows: "(c)(l) Subject to paragraphs (2) through (7) and subsection (d), whenever the President determines that any country— "(A) has exported (directly or indirectly) to the United States during a calendar year a quantity of an eligible article having an appraised value in excess of an amount which bears the same ratio to $25,000,000 as the gross national product of the United States for the preceding calendar year (as determined by the Department of Commerce) bears to the gross national product of the United States for calendar year 1974; or "(B) has exported (either directly or indirectly) to the United States a quantity of any eligible article equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during any calendar year; then, not later than July 1 of the next calendar year, such country shall not be treated as a beneficiary developing country with respect to such article. "(2)(A) Not later than January 4, 1987, and periodically therafter, the President shall conduct a general review of eligible articles based on the considerations described in section 501 or 502(c). "(B) If, after any review under subparagraph (A), the President determines that this subparagraph should apply because a beneficiary developing country has demonstrated a sufficient degree of competitiveness (relative to other beneficiary developing countries)

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/649

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3021

with respect to any eligible article, then paragraph (1) shall be applied to such country with respect to such article by substituting— "(i) '1984' for '1974' in subparagraph (A), and "(ii) '25 percent' for '50 percent' in subparagraph (B). "(3)(A) Not earlier than January 4, 1987, the President may waive the application of this subsection with respect to any eligible article of any beneficiary developing country if, before July 1 of the calendar year beginning after the calendar year for which a determination described in paragraph (1) was made with respect to such eligible article, the President— "(i) receives the advice of the International Trade Commission on whether any industry in the United States is likely to be adversely affected by such waiver, "(ii) determines, based on the considerations described in sections 501 and 502(c) and the advice described in clause (i), that such waiver is in the national economic interest of the United States, and "(iii) publishes the determination described in clause (ii) in the Federal Register. "(B) In making any determination under subparagraph (A), the President shall give great weight to— "(i) the extent to which the beneficiary developing country has assured the United States that such country will provide equitable and reasonable access to the markets and basic commodity resources of such country, and "(ii) the extent to which such country provides adequate and effective means under its law for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights. "(C) Any waiver granted pursuant to this paragraph shall remain in effect until the President determines that such waiver is no longer warranted due to changed circumstances. "(D)(i) The President may not exercise the waiver authority provided under subparagraph (A) with respect to a quantity of eligible articles entered in any calendar year which exceeds an aggregate value equal to 30 percent of the total value of all articles which entered duty-free under this title during the preceding calendar year. "(ii) The President may not exercise the waiver authority provided under subparagraph (A) with respect to a quantity of eligible articles entered from any beneficiary developing country during any calendar year beginning after 1984 which exceeds 15 percent of the total value of all articles that have entered duty-free under this title during the preceding calendar year if for the preceding calendar year such beneficiary developing country— "(I) had a per capita gross national product (calculated on the basis of the best available information, including that of the World Bank) of $5,000 or more; or "(II) had exported (either directly or indirectly) to the United States a quantity of articles that was duty-free under this title that had an appraised value of more than 10 percent of the total imports of all articles that entered duty-free under this title during that year. "(iii) There shall be counted against the limitations imposed under clauses (i) and (ii) for any calendar year only that quantity of any eligible article of any country that—

Ante, pp. 3018, 3019. Federal Register, publication.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/650

 98 STAT. 3022

Federal Register, publication.

Ante, pp. 3018, ^^19-

PUBLIC LAW 98-573—OCT. 30, 1984

"(I) entered duty-free under this title during such calendar year; and "(II) is in excess of the quantity of that article that would have been so entered during such calendar year if the 1974 limitation applied under paragraph (I)(A) and the 50 percent limitation applied under paragraph (I)(B). "(4) Except in any case to which paragraph (2)(B) applies, the President may waive the application of this subsection if, before j ^ j y j ^f ^j^g calendar year beginning after the calendar year for which a determination described in paragraph (1) was made, the President determines and publishes in the Federal Register that, with respect to such country— "(A) there has been an historical preferential trade relationship between the United States and such country, ' (B) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and "(C) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce. "(5) A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of this subsection may be redesignated a beneficiary developing country with respnect to such article, subject to the provisions of sections 501 and 502, if imports of such article from such country did not exceed the limitations in paragraph (1) (after application of paragraph (2)) during the preceding calendar year. "(6)(A) This subsection shall not apply to any beneficiary developing country which the President determines, based on the considerations described in sections 501 and 502(c), to be a least-developed beneficiary developing country. "(B) The President shall— "(i) make a determination under subparagraph (A) with respect to each beneficiary developing country before July 4, 1985, and periodically thereafter, and "(ii) notify the Congress at least 60 days before any such determination becomes final. "(7) For purposes of this subsection, the term 'country' does not include an association of countries which is treated as one country under section 502(a)(3), but does include a country which is a member of any such association. "(d)(1) Subsection (c)(l)(B) (after application of subsection (c)(2)) shall not apply with respect to any eligible article if a like or directly competitive article is not produced in the United States on January 3, 1985. "(2) The President may disregard subsection (c)(l)(B) with respect to any eligible article if the appraised value of the total imports of such article into the United States during the preceding calendar year is not in excess of an amount which bears the same ratio to $5,000,000 as the gross national product of the United States for that calendar year (as determined by the Department of Commerce) bears to the gross national product of the United States for calendar year 1979.". (c) Section 504 (19 U.S.C. 2464) is amended by adding at the end thereof the following new subsection: "(f)(1) If the President determines that the per capita gross national product (calculated on the basis of the best available mfor-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/651

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3023

mation, including that of the World Bank) of any beneficiary developing country for any calendar year (hereafter in this subsection referred to as the 'determination year') after 1984, exceeds the applicable limit for the determination year— "(A) subsection (c)(l)(B) shall be applied for the 2-year period beginning on July 1 of the calendar year succeeding the determination year by substituting '25 percent' for '50 percent', and "(B) such country shall not be treated as a beneficiary developing country under this title after the close of such 2-year period. "(2)(A) For purposes of this subsection, the term 'applicable limit' means the sum of— "(i) $8,500, plus "(ii) 50 percent of the amount determined under subparagraph (B) for the determination year. "(B) The amount determined under this subparagraph for the determination year is an amount equal to— "(i) $8,500, multiplied by "(ii) the percentage determined by dividing— "(I) the excess, if any, of the gross national product of the United States (as determined by the Secretary of Commerce) for the determination year over the gross national product of the United States for 1984, by "(II) the gross national product for 1984.". SEC. 506. EXTENSION OF THE GENERALIZED SYSTEM OF PREFERENCES AND REPORTS.

(a) Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended to read as follows: "SEC. 505. TERMINATION OF DUTY-FREE TREATMENT AND REPORTS.

"(a) No duty-free treatment provided under this title shall remain in effect after July 4, 1993. "(b) On or before January 4, 1990, the President shall submit to Reports. the Congress a full and complete report regarding the operation of this title. "(c) The President shall submit an annual report to the Congress on the status of internationaly recognized worker rights within each beneficiary developing country." (b) CONFORMING AMENDMENT.—'The table of contents of the Trade Act of 1974 is amended by striking out the item relating to section 505 and inserting in lieu thereof the following: "Sec. 505. Termination of duty-free treatment and reports.". SEC. 507. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING COUNTRIES.

(a) Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) is further amended by adding at the end thereof the following new section: "SEC. 506. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING COUNTRIES.

"The appropriate agencies of the United States shall assist beneficiary developing countries to develop and implement measures designed to assure that the agricultural sectors of their economies are not directed to export markets to the detriment of the production of foodstuffs for their citizenry."

19 USC 2466.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/652

 98 STAT. 3024

PUBLIC LAW 98-573—OCT. 30, 1984

(b) The table of contents of such Act of 1974 is amended by adding after the item relating to item 505 the following: "Sec. 506. Agricultural exports of beneficiary developing countries.". 19 USC 2461

SEC. 508. EFFECTIVE DATE.

The amendments made by this title shall take effect on January 4, 1985.

TITLE VI—TRADE LAW REFORM SEC. 601. REFERENCE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, subtitle, part, section, or other provision, the reference shall be considered to be made to a title, subtitle, part, section, or other provision of the Tariff Act of 1930 (19 U.S.C 1202 et seq.). SEC. 602. SALES FOR IMPORTATION.

19 USC I67id.

Infra.

(a)(1) Section 701(a) (19 U.S.C. 1671(a)) is amended— (A) by inserting ", or sold (or likely to be sold) for importation," after "imported" in paragraph (1); (B) by inserting "or by reason of sales (or the likelihood of sales) of that merchandise for importation" immediately after "by reason of imports of that merchandise" in paragraph (2); and (C) by adding at the end thereof the following new sentence: "For purposes of this subsection and section 7050t>)(l), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.". (2) Section 705(b)(1) (19 U.S.C. 1671(b)(1)) is amended by inserting ", or sales (or the likelihood of sales) for importation," immediately after "by reason of imports". (b) Section 731 (19 U.S.C. 1673) is amended— (1) by inserting "or by reason of sales (or the likelihood of sales) of that merchandise for importation" immediately after "by reason of imports of that merchandise" in paragraph (2), and (2) by adding at the end thereof the following new sentence: "For purposes of this section and section 735(b)(1), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.". (c) Section 735(b)(1) (19 U.S.C. 1673d(b)(l)) is amended by adding ", or sales (or the likelihood of sales) for importation," after "by reason of imports". SEC. 603. WAIVER OF VERIFICATION.

Section 703(b) (19 U.S.C. 1671b(b)) is amended by adding at the end thereof the following new paragraph: "(3) PRELIMINARY DETERMINATION UNDER WAIVER OF VERIFICA-

TION.—Within 55 days after the initiation of an investigation the administering authority shall cause an official designated for such purpose to review the information concerning the case received during the first 50 days of the investigation, and, if

�


text: Myrtle and Myrrh

title: Myrtle and Myrrh


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/653

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3025

there appears to be sufficient information available upon which the determination can reasonably be based, to disclose to the petitioner and any interested party, then a party to the proceedings that requests such disclosure, all available nonconfidential information and all other information which is disclosed pursuant to section 777. Within 3 days (not counting Saturdays, Post, p. 3038. Sundays, or legal public holidays) after such disclosure, the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9) to whom Post, p. 3033. such disclosure was made may furnish to the administering authority an irrevocable written waiver of verification of the information received by the authority, and an agreement that it is willing to have a determination made on the basis of the record then available to the authority. If a timely waiver and agreement have been received from the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9) to whom the disclosure was made, and the authority finds that sufficient information is then available upon which the preliminary determination can reasonably be based, a preliminary determination shall be made on an expedited basis on the basis of the record established during the first 50 days after the investigation was initiated.". SEC. 604. TERMINATION OR SUSPENSION OF INVESTIGATION. (a) Section 704 (19 U.S.C. 1671c) is amended— (1) by amending subsection (a) to read as follows: "(a) TERMINATION PETITION.—

OF INVESTIGATION

UPON

WITHDRAWAL OF

"(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), an investigation under this subtitle may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if the investigation was initiated under section 702(a). 19 USC I67ia. "(2) SPECIAL AGREEMENTS.—

RULES

FOR

QUANTITATIVE

RESTRICTION

"(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting, with the government of the country in which the subsidy practice is alleged to occur, an understanding or other kind of agreement to limit the volume of imports into the United States of the merchandise that is subject to the investigation unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest. "(B) PUBLIC INTEREST FACTORS.—In making a decision under subparagraph (A) regarding the public interest, the administering authority shall take into account— "(i) whether, based upon the relative impact on consumer prices and the availability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of countervailing duties; "(ii) the relative impact on the international economic interests of the United States; and "(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/654

 98 STAT. 3026

PUBLIC LAW 98-573—OCT. 30, 1984 including any such impact on employment and investment in that industry. "(C) PRIOR CONSULTATIONS.—Before making a decision

Ante, p. 3024.

pose, p. 3033.

under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with— "(i) potentially affected consuming industries; and "(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not psirty to the investigation. "(3) LIMITATION ON TERMINATION BY COMMISSION.—The Commission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administering authority under section 703(b)."; (2) by amending subsection (d)— (A) by ad(ting a t the end of paragraph (1) the following: "In applying subparagraph (A) with respect to any quantitative restriction agreement under subsection (c), the administering authority shall take into account, in addition to such other factors as are considered necessary or appropriate, the factors set forth in subsection (a)(2)(B)(i), (ii), and (iii) as they apply to the proposed suspension and agreement, after consulting with the appropriate consuming industries, producers, and workers referred to in subsection (a)(2)(C)(i) and (ii).". (B) by striking out paragraph (2), and (C) by redesignating paragraph (3) as paragraph (2); (3) by amending subsection (e)(3), by striking out "all parties to the investigation" and inserting in lieu thereof "all interested parties described in section 771(9)"; (4) by amending subsection (i)(l)— (A) by striking out "and" at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), and (C) by inserting immediately after subparagraph (C) the following new subparagraph: "(D) if it considers the violation to be international, notify the Commissioner of Customs who shall take appropriate action under paragraph (2), and"; and (5) by adding at the end thereof the following new subsection: "(k) TERMINATION OF INVESTIGATIONS INITIATED BY ADMINISTERING

19 USC 1671a.

AuTHORTTY.—The administering authority may terminate any investigation initiated by the administering authority under section 702(a) after providing notice of such termination to all parties to the investigation.", (b) Section 734 (19 U.S.C. 1673c) is amended— (1) by amending subsection (a) to read as follows: "(a) TERMINATION OF INVESTIGATION UPON PETITION.—

Post, p. 3030.

WITHDRAWAL OF

"(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), an investigation under this subtitle may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if the investigation was initiated under section 732(a). "(2) SPECIAL AGREEMENTS.—

RULES

FOR

QUANTITATIVE

RESTRICTION

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/655

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3027

"(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting an understanding or other kind of agreement to limit the volume of imports into the United States of the merchandise that is subject to the investigation unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest. "(B) PuBuc INTEREST FACTORS.—In making a decision under subparagraph (A) regarding the public interest the administering authority shall take into account— "(i) whether, based upon the relative impact on consumer prices and the availability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of antidumping duties; "(ii) the relative impact on the international economic interests of the United States; and "(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and investment in that industry. "(C) PRIOR CONSULTATIONS.—Before making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with— "(i) potentially affected consuming industries; and "(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not party to the investigation. "(3) LIMITATION ON TERMINATION BY COMMISSION.—The Commission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administering authority under section 733(b)."; 19 USC 1673b. (2) by amending subsection (d) to read as follows: "(d) ADDITIONAL RULES AND CONDITIONS.—The administering authority may not accept an agreement under subsection (b) or (c) unless— "(1) it is satisfied that suspension of the investigation is in the public interest, and "(2) effective monitoring of the agreement by the United States is practicable."; (3) by amending subsection (e)(3) by striking out "all parties to the investigation" and inserting in lieii thereof "all interested parties described in section 771(9)"; Post, p. 3033. (4) by amending subsection (i)(l)— (A) by striking out "and" at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), and (C) by inserting immediately after subparagraph (C) the following new subparagraph: "(D) if it considers the violation to be intentional, notify the Commissioner of Customs who shall take appropriate action under paragraph (2), and"; and (5) by adding at the end thereof the following new subsection:

�


text: Author:Alice Belcher Tweedy

title: Author:Alice Belcher Tweedy


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/656

 98 STAT. 3028

PUBLIC LAW 98-573—OCT. 30, 1984 "(k) TERMINATION OF INVESTIGATION INITIATED BY ADMINISTERING

Post, p. 3030.

AUTHORITY.—The administering authority may terminate any investigation initiated by the administering authority under section 732(a) after providing notice of such termination to all parties to the investigation.". SEC. 605. FINAL DETERMINATION OF CRITICAL CIRCUMSTANCES.

19 USC 1671b.

(a)(1) Section 705(a)(2) (19 U.S.C. 1671d(a)(2)) is amended by adding at the end thereof the following new sentence: "Such findings may be affirmative even though the preliminary determination under section 703(e)(1) was negative.". (2) Section 705(c) is amended by adding at the end thereof the following new paragraph: "(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSEC-

Ante, p. 3024.

19 USC 1673b.

TION (a)(2).—If the determination of the administering authority under subsection (a)(2) is affirmative, then the administering authority shall— "(A) in cases where the preliminary determinations by the administering authority under sections 7030)) and 703(e)(1) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under section 703(e)(2); "(B) in cases where the preliminary determination by the administering authority under section 703(b) was affirmative, but the preliminary determination under section 703(e)(1) was negative, shall modify any suspension of liquidation and security requirement previously ordered under section 703(d) to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or "(C) in cases where the preliminary determination by the administering authority under section 703(b) was negative, shall apply any suspension of liquidation and security requirement ordered under subsection 705(c)(l)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.". (3) Section 705(c)(3)(A) is amended by inserting "paragraph (4) or" after "under". (b)(1) Section 735(a)(3) (19 U.S.C. 1673d(a)(3)) is amended by adding at the end thereof the following new sentence: "Such findings may be affirmative even though the preliminary determination under section 733(e)(l) was negative.". (2) Section 735(c) is amended by adding at the end thereof the following new paragraph: "(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSEC-

TION (a)(s).—If the determination of the administering authority under subsection (a)(3) is affirmative, then the administering authority shall— "(A) in cases where the preliminary determinations by the administering authority under sections 733(b) and 733(e)(l) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/657

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3029

bond, or other security previously ordered under section 733(e)(2); "(B) in cases where the preliminary determination by the administering authority under section 733(b) was affirmative, but the preliminary determination under section 733(e)(l) was negative, shall modify any suspension of liquidation and security requirement previously ordered under section 733(d) to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or "(C) in cases where the preliminary determination by the administering authority under section 733(b) was negative, shall apply any suspension of liquidation and security requirement ordered under subsection 735(c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.". (3) Section 735(c)(3)(A) is amended by inserting "paragraph (4) or" after "under".

19 USC I673b.

19 USC I673d.

SEC. 606. SIMULTANEOUS INVESTIGATIONS.

Section 705(a)(1) (19 U.S.C. 1671d(a)(l)) is amended to read as follows: "(1) IN GENERAL.—Within 75 days after the date of the preliminary determination under section 703(b), the administering authority shall make a final determination of whether or not a subsidy is being provided with respect to the merchandise; except that when an investigation under this subtitle is initiated simultaneously with an investigation under subtitle B, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under subtitle B.". SEC. 607. COUNTERVAILING DUTIES APPLY ON COUNTRY-WIDE BASIS.

Section 706(a) (19 U.S.C. 1671e(a)) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by adding after paragraph (1) the following new paragraph: "(2) shall presumptively apply to all merchandise of such class or kind exported from the country investigated, except that if— "(A) the administering authority determines there is a significant differential between companies receiving subsidy benefits, or "(B) a State-owned enterprise is involved, the order may provide for differing countervailing duties,". SEC. 608. CONDITIONAL PAYMENT OF COUNTERVAILING DUTIES.

Subtitle A of title VII is amended by adding at the end thereof the following new section:

Ante, p. 3024.

19 USC 1673.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/658

 98 STAT. 3030 19 USC 1671h.

PUBLIC LAW 98-573—OCT. 30, 1984

"SEC. 709. CONDITIONAL PAYMENT OF COUNTERVAILING DUTY.

"(a) IN GENERAL.—For all entries, or withdrawals from warehouse, for consumption of merchandise subject to a countervailing duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirement of subsection (b) and deposits with the appropriate customs officer an estimated countervailing duty in an amount determined by the administering authority. "(b) IMPORTER REQUIREMENTS.—In order to meet the requirements of this subsection, a person shall— "(1) furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for ascertaining any countervailing duty to be imposed under this subtitle, "(2) maintain and furnish to the customs officer such records concerning such merchandise as the administering authority, by regulation, requires, and "(3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this subtitle on that merchandise.". SEC. 609. INITIATION OF ANTIDUMPING DUTY INVESTIGATIONS.

Section 732(a) (19 U.S.C. 1673a(a)) is amended to read as follows: "(a) INITIATION BY ADMINISTERING AUTHORITY.—

19 USC 1673.

"(1) IN GENERAL.—An antidumping duty investigation shall be commenced whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under section 731 exist. "(2) CASES INVOLVING PERSISTENT DUMPING.—

"(A) MONITORING.—The administering authority may establish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if— "(i) more than one antidumping order is in effect with respect to that class or kind of merchandise; "(ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and "(iii) in the judgment of the administering authority this extraordinary pattern is causing a serious commercial problem for the domestic industry. "(B) If during the period of monitoring referred to in subparagraph (A), the administering authority determines that there is sufficient information to commence a formal investigation under this subsection regarding an additional supplier country, the administering authority shall immediately commence such an investigation. "(C) DEFINITION.—For purposes of this paragraph, the term 'additional supplier country' means a country regarding which no antidumping investigation is currently pending, and no antidumping duty order is currently in effect, with respect to imports of the class or kind of merchandise covered by subparagraph (A).

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/659

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3031

"(D) EXPEDITIOUS ACTION.—The administering authority

and the Commission, to the extent practicable, shall expedite proceedings under this subtitle undertaken as a result of a formal investigation commenced under subparagraph (B)." SEC. 610. DUTIES OF CUSTOMS OFFICERS.

(a) Subtitle B of title VII is amended by striking out section 789. (b) The table of contents for such subtitle is amended by striking out "Sec. 739. Duties of customs officers.". SEC. 611. REVIEWS AND DETERMINATIONS.

(a) Subtitle C (19 U.S.C. 1675) is amended— (1) by amending the subtitle heading to read as follows:

Repeal. 19 USC I673h.

"Subtitle C—Reviews; Other Actions Regarding Agreements "CHAPTER 1—REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN QUANTITATIVE RESTRICTION AGREEMENTS"; (2) by amending section 751— 19 USC 1675. (A) by inserting "if a request for such a review has been received and" immediately before "after publication of notice" in that part of paragraph (1) of subsection (a) that precedes subparagraph (A); and (B) by amending subsection (b)(1)— (i) by striking out "704 or 734" and inserting in lieu thereof "704 (other than a quantitative restriction agreement described in subsection (a)(2) or (c)(3)) or 734 (other than a quantitative restriction agreement described in subsection (a)(2))", (ii) by striking out ", or 735(b)," and inserting in lieu thereof", 735(b), 762(a)(1), or 762(a)(2),", and (iii) by adding at the end of subsection (b)(1) the following: "During an investigation by the Commission, the party seeking revocation of an antidumping order shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant revocation of the antidumping order."; and (3) by adding "The administering authority shall not revoke, in whole or in part, a countervailing duty order or terminate a suspended investigation on the basis of any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received." after the first sentence of subsection (c); (4) by adding at the end thereof the following new chapter: "CHAPTER 2—CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS "SEC. 761. REQUIRED CONSULTATIONS. 19 USC 1676. "(a) AGREEMENTS IN RESPONSE TO SuBsroiES.—Within 90 days after President of U.S. the administering authority accepts a quantitative restriction agree-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/660

 98 STAT. 3032 Ante, p. 3025.

PUBLIC LAW 98-573—OCT. 30, 1984

ment under section 704(a)(2) or (c)(3), the President shall enter into consultations with the government that is party to the agreement for purposes of— "(1) eliminating the subsidy completely, or "(2) reducing the net subsidy to a level that eliminates completely the injurious effect of exports to the United States of the merchandise. "(b) MODIFICATION OF AGREEMENTS ON BASIS OF CONSULTATIONS.—

At the direction of the President, the administering authority shall modify a quantitative restriction agreement as a result of consultations entered into under subsection (a). "(c)

SPECIAL RULE REGARDING AGREEMENTS UNDER SECTION

704(c)(3).—This chapter shall cease to apply to a quantitative restriction agreement described in section 704(c)(3) at such time as that agreement ceases to have force and effect under section 704(f) or violation is found under section 704(i). 19 USC 1676a.

Ante, pp. 3024, 3028, 3029. Post, p. 3040. Ante, p. 3029.

pose, p. 3037.

"SEC. 762. REQUIRED DETERMINATIONS.

"(a) IN GENERAL.—Before the expiration date, if any, of a quantitative restriction agreement accepted under section 704(a)(2) or 704(c)(3) (if suspension of the related investigation is still in effect)— "(1) the administering authority shall, at the direction of the President, initiate a proceeding to determine whether any subsidy is being provided with respect to the merchandise subject to the agreement and, if being so provided, the net subsidy; and "(2) if the administering authority initiates a proceeding under paragraph (1), the Commission shall determine whether imports of the merchandise of the kind subject to the agreement will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry. "(b) DETERMINATIONS.—The determinations required to be made by the administering authority and the Commission under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regulation prescribe, and shall be treated as final determinations made under section 705 for purposes of judicial review under section 516A. If the determinations by each are affirmative, the administering authority shall— "(1) issue a countervailing duty order under section 706 effective with respect to merchandise entered on and after the date on which the agreement terminates; and "(2) order the suspension of liquidation of all entries of merchandise subject to the order which are entered, or withdrawn from warehouse for consumption, on or after the date of publication of the order in the Federal Register. "(c) HEARINGS.—The determination proceedings required to be prescribed under subsection Ob) shall provide that the administering authority and the Commission must, upon the request of any interested party, hold a hearing in accordance with section 774 on the issues involved.". (b) The table of contents for subtitle C of title VII is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/661

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3033

"Subtitle C—Reviews; Other Actions Regarding Agreements "Chapter 1—REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN QUANTITATIVE RESTRICTION AGREEMENTS "Sec. 751. Administrative review of determinations. "Chapter 2—CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS "Sec. 761. Required consultations "Sec. 762. Required determinations.".

(c) 104(b)(2) of the Trade Agreements Act of 1979 (19 U.S.C. 1671, note) is amended by adding at the end thereof the following new sentence: "A negative determination by the Commission under this paragraph shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received.". SEC. 612. DEFINITIONS AND SPECIAL RULES.

(a) Section 771 (19 U.S.C. 1677) is amended as follows: (1) Paragraph (4)(A) is amended by inserting before the period at the end thereof the following:; except that in the case of wine and grape products subject to investigation under this title, the term also means the domestic producers of the principal raw agricultural product (determined on either a volume or value basis) which is included in the like domestic product, if those producers allege material injury, or threat of material injury, as a result of imports of such wine and grape products". (2) Paragraph (7) is amended— (A) by inserting the following new clause at the end of subparagraph (C): "(iv) CUMULATION.—For purposes of clauses (i) and (ii), the Commission shall cumulatively assess the volume and effect of imports from two or more countries of like products subject to investigation if such imports compete with each other and with like products of the domestic industry in the United States market."; and (B) by inserting after subparagraph (E) the following new subparagraph: "(F) THREAT OF MATERIAL INJURY.—

"(i) IN GENERAL.—In determining whether an industry in the United States is threatened with material injury by reason of imports (or sales for importation) of any merchandise, the Commission shall consider, among other relevant economic factors— "(I) If a subsidy is involved, such information as may be presented to it by the administering authority as to the nature of the subsidy (particularly as to whether the subsidy is an export subsidy inconsistent with the Agreement), "(II) any increase in production capacity or existing unused capacity in the exporting country likely to result in a significant increase in imports of the merchandise to the United States, "(III) any rapid increase in United States market penetration and the likelihood that the penetration will increase to an injurious level,

�