Specifies interested parties (including industrial users) who are parties to an investigation that are entitled to access, through authorized representatives, to confidential business information under protective order.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2770 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2770
To amend United States trade laws to provide more fairness to U.S.
industry.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2001
Mr. Kolbe (for himself, Mr. Moran of Virginia, and Mr. Ramstad)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To amend United States trade laws to provide more fairness to U.S.
industry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Fairness Trade Act
of 2001''.
TITLE I--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930
SEC. 101. FULL PARTICIPATION OF INDUSTRIAL USERS.
(a) Chapter 1 of subtitle C of title VII of the Tariff Act of 1930,
section 771(9), is amended by inserting after subparagraph (G) the
following:
``(H) industrial users of the subject merchandise
or domestic like product or an association a majority
of whose members are industrial users of the subject
merchandise or domestic like product.''
(b) Section 771 of the Tariff Act of 1930, as amended (19 U.S.C.
Sec. 1677), is amended by adding the following new paragraph:
``(38) Industrial Users.--The term `industrial users'
includes companies that consume the subject merchandise or
domestic like product in a trade or business, or purchase and
sell the subject merchandise or the domestic like product at
wholesale or retail.''
SEC. 102. TEMPORARY EXCEPTION TO ANTIDUMPING OR COUNTERVAILING DUTY
ORDER OR FINDING.
(a) In General.--Chapter 1 of subtitle C of title VII of the Tariff
Act of 1930 (19 U.S.C. 1675) is amended by adding at the end the
following new section:
``SEC. 753. TEMPORARY EXCEPTION TO ANTIDUMPING OR COUNTERVAILING DUTY
ORDER OR FINDING.
``(a) In General.--
``(1) Application.--If an application for relief is filed
under this section and the administering authority determines
that a lack of domestic availability exists with respect to a
particular product which is within the class or kind of
merchandise that is the subject of an investigation, an order
under this title or section 303, a finding under the
Antidumping Act, 1921, or a suspension agreement, the
administering authority shall not apply the order or finding
with respect to such particular product for a specified
quantity or for a period of not longer than one year.
``(2) Lack of domestic availability.--A `lack of domestic
availability' exists whenever--
``(A) if the investigation, order, finding or
suspension agreement resulted from a petition, a
significant majority of the persons who filed the
petition on which the investigation, order, finding or
suspension agreement is based, support approval of the
relief requested, unless one or more of the companies
filing an objection agree to supply the particular
product in the amount requested within the time needed;
or
``(B) there is no current domestic production of
the product, unless the administering authority
determines that this lack of current domestic
production of the particular product was caused by
unfairly traded subject merchandise; or
``(C) the domestic industry is not currently able
to provide the product in sufficient and reasonably
available commercial quantities of a satisfactory
quality,
unless the administering authority, after consultation with the
Commission pursuant to subsection (b)(4), determines that
applying an allowance with respect to the particular subject
product will significantly depress prices in the industry.
``(3) Factors.--Where a significant majority of the persons
who filed the petition on which the investigation, order,
finding or suspension agreement is based support approval of
the proposed relief, the administering authority shall grant
the relief requested, unless one or more of the companies
filing an objection agree to supply the particular product in
the amount requested and within the time specified. Where a
significant majority of the persons who filed the petition on
which the investigation, order, finding or suspension agreement
is based have not supported approval of the requested relief,
the administering authority may nevertheless approve the relief
if the administering authority determines that there is lack of
domestic availability in the United States with respect to a
product. In reaching this determination, the administering
authority shall consider all relevant factors, including--
``(A) whether there is current domestic production
of the particular product with respect to which the
temporary duty exception application has been filed;
``(B) to the extent information is available, the
recent levels of capacity utilization of domestic
facilities producing the particular product;
``(C) the quantity of the particular product
requested in the request for relief and the ability of
domestic producers to supply the product in such
quantity;
``(D) the reasonableness of the specifications and
quantity requested by the purchaser or end-user of the
product; and
``(E) the time required to deliver the particular
product to the purchaser or end-user and the time in
which the purchaser or end user requires the particular
product.
The administering authority shall take into account any advice
provided by the Commission under subsection (b)(4) of this
section before making a determination under this subparagraph.
``(b) Procedure.--
``(1) Application requirements.--A proceeding under this
section shall be initiated whenever a potentially affected
party files an application with the administering authority
which alleges the elements necessary for the temporary
exception from provisions of an antidumping or countervailing
duty order, finding or suspension agreement provided by this
section and which is accompanied by information reasonably
available to the applicant supporting those allegations. These
elements shall include the following:
``(A) the quantity of the product or the time-
period requested in the application for relief under
this section;
``(B) a detailed description of the product that
defines the requested scope of the application,
including technical characteristics and uses of the
merchandise, and its current U.S. tariff classification
number;
``(C) if applicable, written consents from a
significant majority of petitioners to the action on
which the order or finding or suspension agreement is
based; and
``(D) if written consents, as described in
subsection (C) are not provided, then applicants must
provide the following--
(i) a description of all technical
specifications, as well as an indication of how
long such specifications have been in effect;
(ii) description and documentation of all
reasonable efforts that applicants have made to
purchase the product from domestic sources; and
4 (iii) to the extent information is
available, the recent levels of capacity
utilization of domestic facilities producing
the product.
``(2) Views of petitioners.--The administering authority
may not order the temporary exception from provisions of an
antidumping or countervailing duty investigation, order,
finding or suspension agreement under paragraph (1) unless the
administering authority has first contacted each available
petitioner in the action on which the investigation, order,
finding or suspension agreement is based. Where petitioners do
not consent, petitioners must state the reasons for their
objection in writing or the administering authority shall not
consider their objection under this section.
``(3) Opportunity to comment.--The administering authority
shall provide an opportunity for potentially affected parties
to comment on the application for temporary exception before
making a determination on the request, including the basis for
any objection filed by the petitioners.
``(4) Commission advice.--Where the administering authority
preliminarily determines that relief may be appropriate under
subsection (a)(2)(C) of this section, the administering
authority shall notify the Commission of the proposed temporary
relief. After receiving such notice, Commission may request
consultations with the administering authority regarding the
temporary exception. Upon the request of the Commission, the
administering authority shall consult with the Commission and
any such consultation shall be completed within 15 days after
the date of the request. If, after consultation, the Commission
believes that a significant injury issue is presented by the
proposed temporary exception to the application of the order or
finding, the Commission may provide written advice to the
administering authority as to whether the proposed exception
will significantly depress prices in the industry. If the
Commission decides to provide such written advice, it shall
promptly notify the administering authority of its intention to
do so and must provide such advice within 30 days after the
date of notification under this paragraph.
``(5) Extension of allowance.--An allowance granted
pursuant to this section may be extended for additional
quantities or for additional periods of not more than one year
each, based on a request for extension filed by a potentially
affected party. The administering authority shall provide an
opportunity for potentially affected parties to comment on any
request for extension.
``(6) Reinstatement of duties.--An allowance granted under
this section may be revoked at any time, after opportunity for
potentially affected parties to comment on the revocation, if
the administering authority determines that there is
insufficient basis for continuing the exception.
``(c) Determination.--
``(1) In general.--In any case in which the administering
authority finds that a petition pursuant to this section
contains adequate information, the administering authority
shall determine, not later than the day specified in paragraph
(2)--
``(A) if there is a lack of domestic availability
in the United States with respect to the product; and
``(B) if the determination under subparagraph (A)
is affirmative, the quantity of the product, if any,
that may be imported into the United States without
regard to the antidumping or countervailing duty order
that would otherwise apply, or the relevant time-period
during which application of the order or finding may be
interrupted.
``(2) Time limit for making temporary duty suspension
determination.--The administering authority shall make a
determination described in paragraph (1) not later than--
``(A) the 30th day after the date the petition is
filed if--
``(i) a significant majority of the
petitioners to the action on which the
investigation, order, finding or suspension
agreement is based consent to the action; or
``(ii) the administering authority has
previously authorized relief and there has been
no evidence that the basis on which relief was
provided has changed; or
``(B) the 75th day after the date the petition is
filed if the Commission decides to provide written
advice pursuant to subsection (b)(4); or
``(C) the 60th day after the date the petition is
filed if subparagraphs (A) & (B) do not apply, except
that where two or more temporary duty exception
application have been filed by different parties on the
same product, the deadline for issuing a temporary duty
exception determination will be the latest deadline for
all of the petitions, to allow the administering
authority to consolidate the actions.
``(3) Allowance upon failure of a domestic producer to
supply.--If the administering authority determines that there
is no lack of domestic availability because a producer in the
United States certifies that it is willing and able to supply
the product in the quantity requested at the specifications,
and delivery date requested, and the producer fails to supply
the product as promised, the administering authority shall,
within 3 days of being notified of the failure, grant an
allowance for the quantity the domestic producer failed to
supply.
``(d) Notice.--The administering authority shall publish in the
Federal Register notice of each determination made under this section
and the reasons therefor.
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Potentially affected party.--The term `potentially
affected party' means--
``(A) any person who filed a petition pursuant to
which the order or finding was issued;
``(B) a producer or consumer of the product in the
United States; and
``(C) a United States importer of the product or a
distributor of the product in the United States.
``(2) Product.--The term `product' means the product for
which an allowance is requested under this section, or material
which possesses the same physical characteristics and
performance standards and which can be used for the same
application without imposing any significant alteration costs
for the consumer.
``(3) Significant majority.--The term `significant
majority' means that of the petitioners to the original action
on which the investigation, order, finding or suspension
agreement was based, those supporting the application account
for more than 75% of production of the domestic like product by
those petitioners who have expressed an opinion on the proposed
action. In determining petitioners' support, the administering
authority shall disregard the position of petitioners who
oppose the application where they have failed to provide
reasons for their opposition.
``(4) Reasonable specifications.--The term `reasonable
specifications' means specifications that are developed in the
ordinary course of business. The administering authority shall
apply a rebuttable presumption that specifications are
reasonable whenever such specifications have been in use--
``(A) prior to the filing of an antidumping or
countervailing duty petition; or
``(B) more than two years prior to the request for
relief,
``(5) No current domestic production.--The term `no current
domestic production' means--
``(A) that no U.S. producers have produced a
product meeting the reasonable specifications within
the last six months, or
``(B) no U.S. producers have either qualified to
supply products meeting such specifications (if such
qualification is normally required) or signed contracts
that would require the delivery of such products within
the next six months.
``(6) Caused by unfairly traded subject merchandise.--The
administering authority will presume that unfairly traded
subject merchandise has not caused the lack of current domestic
production where--
``(A) the domestic industry has never produced the
product;
``(B) the domestic industry ceased to produce the
product more than six months after the product became
liable for antidumping or countervailing duties
pursuant to 19 U.S.C. Sec. Sec. 1671b(d) or 1673b(d);
or
``(C) the product has been subject to antidumping
or countervailing duty orders for one or more years and
the domestic industry has not produced the product
during the duration of these orders.
``(7) Allowance.--The term `allowance' means an
authorization by the administering authority to permit
importation into the United States, including a foreign trade
zone, of a quantity of product free of duties imposed pursuant
to an antidumping or countervailing duty order issued under
this title.''
(b) Section 516A of the Tariff Act of 1930, as amended, is amended
as follows:
(1) Section 516A(a)(2)(A)(i)(I) is amended to read as
follows:
``notice of any determination
described in clause (ii), (iii), (iv),
(v), (viii) or (ix) of subparagraph
(B),''
(2) Section 516A(a)(2)(B) is amended by adding the
following new provision:
``(ix) a determination under section 753 of
this Act.''
(c) Effective Date.--This Act shall become effective within __ days
following the date of its enactment.
(d) Clerical Amendment.--The table of contents for title VII of the
Tariff Act of 1930 is amended by inserting after the item relating to
section 751 the following new item:
``Sec. 753. Temporary exception to antidumping or countervailing duty
order or finding.''
TITLE II--SAFEGUARD AMENDMENTS
SEC. 201. FULL PARTICIPATION OF INDUSTRIAL USERS.
(a) Section 202(i) of the Trade Act of 1974 (19 U.S.C.
Sec. 2252(i)) shall be amended to read as follows:
``(i) Limited Disclosure of Confidential Business Information Under
Protective Order.--The Commission shall provide access to confidential
business information under protective order to authorized
representatives of interested parties who are parties to an
investigation under this section. The term `interested party' means:
``(1) A foreign manufacturer, producer, or exporter, or the
United States importer, of an article which is the subject of
an investigation under this section or a trade or business
association a majority of the members of which are producers,
exporters, or importers of such article;
``(2) The government of a country in which such article is
produced or manufactured;
``(3) A manufacturer, producer, or wholesaler in the United
States of a like or directly competitive article;
``(4) A certified union or recognized union or group of
workers which is engaged in the manufacture, production, or
wholesale of a like or directly competitive article in the
United States;
``(5) A trade or business association a majority of whose
members manufacture, produce, or wholesale a like or directly
competitive article in the United States;
``(6) An association, a majority of whose members is
composed of interested parties described in subparagraphs (3),
(4), or (5) of this section with respect to a like or directly
competitive article; and
``(7) Industrial users of an article which is the subject
of an investigation under this section or a like or directly
competitive article in the United States; or an association a
majority of whose members are industrial users of such article.
The term `industrial users' includes companies that consume the
subject merchandise or a like or directly competitive article
in the Untied States in a trade or business, or purchase and
sell the subject merchandise or a like or directly competitive
article in the United States at wholesale or retail.''
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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