I
110th CONGRESS
1st Session
H. R. 2714
IN THE HOUSE OF REPRESENTATIVES
June 14, 2007
Mr. Barrett of South Carolina (for himself, Mr. Regula, Mr. Spratt, and Mr. Neal of Massachusetts) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To require the President to delay or reverse the implementation of a decision of a World Trade Organization dispute settlement panel or the Appellate Body that is adverse to the United States involving the calculation of dumping margins and weighted average dumping margins, and for other purposes.
Amendments to the Uruguay Round Agreements Act
Dispute settlement panels and procedures
Section 123 of the Uruguay Round Agreements Act (19 U.S.C. 3533) is amended by adding at the end the following new subsection:
Delay or reversal of implementation of adverse decisions
Notwithstanding any other provision of this
section, the President shall delay or reverse the implementation of a decision
of a dispute settlement panel or the Appellate Body that is adverse to the
United States involving the calculation of dumping margins and weighted average
dumping margins (commonly known as zeroing
decisions) until the
United States has obtained clarification of rights and obligations within WTO
multilateral negotiations such that historic practices of the United States are
permitted in investigations under section 731 of the Tariff Act of 1930 (19
U.S.C. 1673), reviews under section 751 of such Act (19 U.S.C. 1675), and under
any other phase of an antidumping
proceeding.
.
Administrative action following WTO panel reports
Section 129(b) of the Uruguay Round Agreements Act (19 U.S.C. 3538(b)) is amended by adding at the end the following new paragraph:
Delay or reversal of implementation of adverse decisions
Notwithstanding any other
provision of this section, the President shall delay or reverse the
implementation of a decision of a dispute settlement panel or the Appellate
Body that is adverse to the United States involving the calculation of dumping
margins and weighted average dumping margins (commonly known as
zeroing
decisions) until the United States has obtained
clarification of rights and obligations within WTO multilateral negotiations
such that historic practices of the United States are permitted in
investigations under section 731 of the Tariff Act of 1930 (19 U.S.C. 1673),
reviews under section 751 of such Act (19 U.S.C. 1675), and under any other
phase of an antidumping
proceeding.
.
Amendment to the Tariff Act of 1930
Paragraph (7) of section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following new subparagraph:
Additional requirements
In evaluating whether there is material injury, or threat thereof, by reason of imports of the subject merchandise, the Commission shall make its determination without regard to—
whether other imports are likely to replace subject imports; or
the effect of a potential order on the domestic industry.
.