PUBLIC LAW 100-449-SEPT. 28, 1988 102 STAT. 1895 (A) deal with unfair pricing and government subsidization, and (B) provide for increased discipline on subsidies. (2)(A) The objectives of the United States in negotiating an agreement under paragraph (1) include (but are not limited to) (i) achievement, on an expedited basis, of increased discipline on government production and export subsidies that have a significant impact, directly or indirectly, on bilateral trade between the United States and Canada; and (ii) attainment of increased and more effective discipline on those Canadian Government (including provincial) subsidies having the most significant adverse impact on United States producers that compete with subsidized products of Canada in the markets of the United States and Canada. (B) Special emphasis should be given in negotiating an agreement under paragraph (1) to obtain discipline on Canadian subsidy programs that adversely affect United States industries which directly compete with subsidized imports. (3) The United States members of the working group established under article 1907 of the Agreement shall (A) consult regularly with the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) regarding— (i) the issues being considered by the working group, and (ii) as appropriate, the objectives and strategy of the United States in the negotiations, and Business and industry. (B) beginning in January 1990, submit an annual report Reports. (4) Notwithstanding any other provision of this Act or of any other law, the provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) shall not apply to any bill or joint resolution that implements an agreement entered into under paragraph (1), unless the President determines and notifies the Congress that such agreement (A) will provide greater discipline over government subsidies and no less discipline over unfair pricing practices by producers than that provided by the agreements described in paragraphs (5) and (6) of section 2 of the Trade Agreements Act of 1979 (the Subsidies Code and Antidumping Code), respectively, taking into account the effects of the Agreement, and (B) will neither undermine such multilateral discipline nor detract from United States efforts to increase such discipline on a multilateral basis in, or subsequent to, the Uruguay Round of multilateral trade negotiations. (b) IDENTIFICATION OF INDUSTRIES FACING SUBSIDIZED IMPORTS.— (1) Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe that (A)(i) as a result of implementation of provisions of the Agreement, the industry is likely to face increased competi 102 STAT. 1896 Records. PUBLIC LAW 100-449--SEPT. 28, 1988 tion from subsidized Canadian imports with which it directly competes; or (ii) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefitting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force after January 1, 1989; and (B) the industry is likely to experience a deterioration of its competitive position before rules and disciplines relating to the use of government subsidies have been developed with respect to such country; may file a petition with the United States Trade Representative (hereafter referred to in this section as the "Trade Representative") to be identified under this section. (2) Within 90 days of receipt of a petition under paragraph (1), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in paragraph (1)(A) and the deterioration described in paragraph (1)(B). (3) At the request of an entity that is representative of an industry identified under paragraph (2), the Trade Representative shall (A) compile and make available to the industry information under section 305 of the Trade Act of 1974, (B) recommend to the President that an investigation by the United States International Trade Commission be requested under section 332 of the Tariff Act of 1930, or (C) take actions described in both subparagraphs (A) and (B). The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under subparagraph (A) or (B), or both, as the case may be, until an agreement on adequate rules and disciplines relating to government subsidies is reached. (4)(A) The Trade Representative and the Secretary of Commerce shall review information obtained under paragraph (3) and consult with the industry identified under paragraph (2) with a view to deciding whether any action is appropriate under section 301 of the Trade Act of 1974, including the initiation of an investigation under section 302(c) of that Act (in the case of the Trade Representative), or under subtitle A of title VII of the Tariff Act of 1930, including the initiation of an investigation under section 702(a) of that Act (in the case of the Secretary of Commerce). (B) In determining whether to initiate any investigation under section 301 of the Trade Act of 1974 or any other trade law, other than title VII of the Tariff Act of 1930, the Trade Representative, after consultation with the Secretary of Commerce (i) shall seek the advice of the advisory committees established under section 135 of the Trade Act of 1974; (ii) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives; PUBLIC LAW 100-449-SEPT. 28, 1988 102 STAT. 1897 (iii) shall coordinate with the interagency committee established under section 242 of the Trade Expansion Act of 1962; and (iv) may ask the President to request advice from the United States International Trade Commission. (C) In the event an investigation is initiated under section President of U.S. 302(c) of the Trade Act of 1974 as a result of a review under this paragraph and the President, following such investigation (including any applicable dispute settlement proceedings under the Agreement or any other trade agreement), determines to take action under section 301(a) of such Act, the President shall give preference to actions that most directly affect the products that benefit from governmental subsidies and were the subject of the investigation, unless there are no significant imports of such products or the President otherwise determines that application of the action to other products would be more effective. (5) Any decision, whether positive or negative, or any action by the Trade Representative or the Secretary of Commerce under this section shall not in any way— (A) prejudice the right of any industry to file a petition under any trade law, (B) prejudice, affect, or substitute for, any proceeding, investigation, determination, or action by the Secretary of Commerce, the United States International Trade Commission, or the Trade Representative pursuant to such a petition, (C) prejudice, affect, substitute for, or obviate any proceeding, investigation, or determination under section 301 of the Trade Act of 1974, title VII of the Tariff Act of 1930, or any other trade law. (6) Nothing in this subsection may be construed to alter in any manner the requirements in effect before the enactment of this Act for standing under any law of the United States or to add any additional requirements for standing under any law of the United States. SEC. 410. TERMINATION OF AGREEMENT. (a) IN GENERAL-If— President of U.S. (1) no agreement is entered into between the United States Reports. and Canada on a substitute system of rules for antidumping and countervailing duties before the date that is 7 years after the date on which the Agreement enters into force, and (2) the President decides not to exercise the rights of the United States under article 1906 of the Agreement to terminate the Agreement, the President shall submit to the Congress a report on such decision which explains why continued adherence to the Agreement is in the national economic interest of the United States. (b) TRANSITION PROVISIONS. (1) If on the date on which the Agreement should cease to be in force an investigation or enforcement proceeding concerning the violation of a protective order issued under section 777(d) of the Tariff Act of 1930 (as amended by this Act) or a Canadian undertaking is pending, such investigation or proceeding shall continue and sanctions may continue to be imposed in accordance with the provisions of such section. 102 STAT. 1898 19 USC 2112 note. PUBLIC LAW 100-449-SEPT. 28, 1988 (2) If on the date on which the Agreement should cease to be in force a binational panel review under article 1904 of the Agreement is pending, or has been requested, with respect to a determination to which section 516A(g)(2) of the Tariff Act of 1930 (as added by this Act) applies, such determination shall be reviewable under section 516A(a) of the Tariff Act of 1930. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under section 516A(a)(2)(A) of the Tariff Act of 1930 shall not begin to run until the date on which the Agreement ceases to be in force. TITLE V-EFFECTIVE DATES AND SEVERABILITY SEC. 501. EFFECTIVE DATES. (a) IN GENERAL.-Except as provided in subsection (b), the provisions of this Act, and the amendments made by this Act, shall take effect on the date the Agreement enters into force. (b) EXCEPTIONS.-Sections 1 and 2, title I, section 304 (except subsection (f)), section 309, this section and section 502 shall take effect on the date of enactment of this Act. (c) TERMINATION OF PROVISIONS AND AMENDMENTS IF AGREEMENT TERMINATES.-On the date on which the Agreement ceases to be in force, the provisions of this Act (other than this subsection and section 410(b)), and the amendments made by this Act, shall cease to have effect. SEC. 502. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application of such a provision or amendment to any person or circumstances is held to be invalid, the remainder of this Act, the remaining amendments made by this Act, and the application of such provision or amendment to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Approved September 28, 1988. LEGISLATIVE HISTORY-H.R. 5090: HOUSE REPORTS: No. 100-816, Pt. 1 (Comm. on Ways and Means), Pt. 2 (Comm. on Interior and Insular Affairs), Pt. 3 (Comm. on Foreign Affairs), Pt. 4 (Comm. on the Judiciary), Pt. 5 (Comm. on Banking, Finance and Urban Affairs), Pt. 6 (Comm. on Government Operations), Pt. 7 (Comm. on Energy and Commerce), and Pt. 8 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 134 (1988): Aug. 9, considered and passed House. Sept. 19, considered and passed Senate. |