Trade Enforcement Act of 1992

Summary

Trade Enforcement Act of 1992 - Title I: Antidumping and Countervailing Duty Laws - Amends the Tariff Act of 1930 to revise the method of determining the exporter's sales price, for purposes of assessing antidumping duties, to include reduction for reasonable profits from selling the particular merchandise under investigation. Prohibits the administering authority from deducting indirect selling expenses (as an offset of the exporter's expenses) from foreign market value. Revises the authority of the administering authority and the International Trade Commission (ITC) to make proprietary information available to interested parties to antidumping duty or countervailing duty investigations under a protective order. Authorizes an interested party to apply to the U.S. Customs Court for an order directing the ITC to make such information available to the party if the ITC denies its request for information about the domestic price or cost of production of a like product. Declares that "downstream dumping" means a course of conduct in which a product is routinely used as a significant part in the manufacture of merchandise subject to an antidumping duty investigation and such product is purchased at a price that: (1) is lower than the generally available price of the product in the country of manufacture; or (2) is lower than the price at which the product would be generally available in the country of manufacture but for the artificial depression of such generally available price by reason of any subsidy or other sales at below foreign market value. Requires the administering authority to include the amount attributable to the downstream dumping in calculating the amount of any antidumping duty on such merchandise. Requires the administering authority to consider, when deciding whether to impose an antidumping duty on imported merchandise, any determination that an industry producing a product used in the manufacture of such merchandise has been materially injured or threatened with material injury, or the establishment of such an industry in the United States has been materially retarded. Redefines "interested party" to include manufacturers of the product that is used in the manufacture or production of a like product. States that a "resource input subsidy" exists if: (1) (a) a product is provided or sold by a government-regulated entity for input use within such country at a domestic price that is lower than the fair market value of the input product and is not freely available to U.S. producers; and (b) a product would, if sold at the fair market value, constitute a significant portion of the total cost of the merchandise in or for which the input product is used; or (2) under specified circumstances, the right to remove such product is provided by that country's government. Sets forth the method of calculating the amount of a resource input subsidy. Requires injury determinations by the ITC to be made in all countervailing duty investigations relating to the existence of resource input subsidies. Includes in the definition of "subsidy" (for antidumping and countervailing duty purposes) any resource input subsidy. Requires benefits that would constitute a countervailable subsidy to be treated as a subsidy if provided to an enterprise or industry, or group of enterprises or industries, in a nonmarket economy country. Sets forth the method for determining the amount of such subsidy. Revises factors to be considered by the ITC with respect to imports subject to an antidumping duty or countervailing duty investigation. Revises provisions regarding mechandise that is assembled in the United States or other foreign country with foreign imported parts which is the subject of an antidumping or countervailing duty order. Amends such antidumping provision of the Unfair Competition Act of 1916 to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; and (2) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injure or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the court jurisdiction of such an action to the district court of the District of Columbia or the Court of International Trade. Entitles a prevailing plaintiff in such an action to appropriate equitable relief or, if such relief is inadequate, to compensatory damages, and legal expenses (currently, treble damages and legal expenses). Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the ITC that dumping exists. Authorizes the court to: (1) issue subpoenas to be enforced in any judicial district; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions. Sets a four-year statute of limitations for actions under this Act. Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article. Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the district court of the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a person prevailing in such an action to appropriate equitable relief or, if such relief is inadequate, compensatory damages, and legal expenses. Permits the United States to intervene in an action under this Act as a matter of right. Requires the Secretary of Commerce (Secretary) to report annually to the Congress on the antidumping and countervailing duty program. Prescribes the contents of such report. Title II: Adjustment to Import Competition - Amends the Trade Act of 1974 to authorize a petitioner for import relief to consult with the ITC (currently, the United States Trade Representative (USTR)) before submitting to it a plan to facilitate positive adjustment to import competition. Revises the method by which the ITC makes "substantial cause" and "affected domestic injury" determinations to add other specified factors that it must consider with respect to whether an article is being imported in such increased quantities as to be a substantial cause or threat of serious injury to a domestic industry. Revises factors the ITC must take into account when recommending action to relieve the industry from such injury and help it make a positive adjustment to import competition. Prohibits an investigation for import relief from being initiated with respect to articles that have been given relief under an orderly marketing agreement. Directs the President to take necessary (currently, "appropriate and feasible") action to implement ITC recommendations and determinations with respect to facilitating efforts by a domestic industry to make a positive adjustment to import competition. Eliminates a specified presidential report to the Congress. Eliminates the requirement of congressional approval by joint resolution for implementation of action recommended by the ITC in cases where the President takes action different from that recommended by it, or where no action will be taken with respect to the domestic industry. Authorizes the ITC (currently, President) to negotiate orderly marketing agreements with foreign countries, and, after such agreements take effect, suspend or terminate any action it had previously taken. Makes similar changes with respect to the reduction, modification, and termination of import relief action. Amends the Trade Agreements Act of 1979 to require the President (who is currently, merely authorized) to sell import licenses at public auctions, when taking action to facilitate efforts of an affected domestic industry to make a positive adjustment to import competition. Title III: Unfair International Trade Practices - Amends the Trade Act of 1974 to require the ITC (currently, USTR) to make certain determinations and take certain actions to enforce U.S. rights being denied under any trade agreement, and to eliminate any act, policy, or practice of a foreign country that is unreasonable, or discriminatory to U.S. commerce. Requires the USTR to report the results of consultations with foreign countries under investigation to the ITC. Requires the ITC (currently, USTR) to consult with interested persons, including holding a public hearing if requested, and to obtain advice from appropriate advisory committees before making such determinations. Requires the ITC (currently, the USTR) to publish such determinations in the Federal Register. Requires the ITC to transmit notice of such determinations to the President. Requires the President, upon an affirmative determination with respect to a foreign country, to impose duties or other import restrictions on the goods of, and fees or restrictions on the services of, such foreign country. Directs the President (currently, USTR) to implement action the ITC (currently, USTR) determines to take to enforce U.S. rights under a trade agreement, or to eliminate an unfair trade act, policy, or practice of a foreign country. Requires the ITC (currently, the USTR) to take specified actions if it makes an affirmative determination with respect to export targeting by a foreign country. Requires the ITC (currently, USTR) to monitor implementation of each measure taken, or agreement entered into, by a foreign country to enforce U.S. rights under a trade agreement, or to eliminate an unfair trade act, policy, or practice of a foreign country. Requires the ITC (currently, USTR) to determine what further action it shall recommend to be taken (currently, what action to take) if, on the basis of such monitoring, it considers that a foreign country is not satisfactorily implementing such measure or agreement. Authorizes the ITC (currently, USTR) to modify or terminate trade relief action if the burden or restriction on U.S. commerce of the denial of rights under a trade agreement, or of the acts, policies, and practices of a foreign country, that are the subject of such action has increased or decreased. Requires the ITC (currently, USTR), upon the request of any person, to make available to such person information (other than confidential information) concerning: (1) the nature of the unfair trade practice or policy of the foreign country involved; (2) U.S. rights under any trade agreement and the remedies which may be available under such agreement and under the U.S. laws; and (3) past and present domestic and international proceedings with respect to such policy or practice. Directs the ITC (currently, USTR) to issue regulations concerning the filing of petitions and the conduct of investigations and hearings with respect to actions for trade relief under this section. Requires the USTR to identify U.S. trade liberalization priorities no later than September 30 of each calendar year (currently, no later than 30 days after a specified report is to be submitted to appropriate congressional committees in calendar years 1989 and 1990). Adds the Committees on Commerce, Science, and Transportation, on Banking, Housing, and Urban Affairs, and on Foreign Relations of the Senate and the Committees on Energy and Commerce, on Banking, Finance and Urban Affairs, and on Foreign Affairs of the House of Representatives as committees that the USTR must report to about such priorities. Requires any of a specified number of congressional committees to file a petition with respect to import barriers and market distorting practices of foreign countries whenever that committee determines (by adopting a resolution) that an investigation should be initiated. Requires the ITC to take specified trade relief action if it determines that a priority practice constitutes an act, policy, or practice of a foreign country that is unreasonable or discriminatory and burdens or restricts U.S. commerce. Requires the USTR to provide an explanation in cases where an estimate of barriers to foreign market access (National Trade Estimates) is not feasible. Authorizes an interested person to file with the USTR a request for a review to determine whether a foreign country is in compliance with any trade agreement it has with the United States. Requires the USTR to make certain determinations and to take specified actions with respect to a foreign country's noncompliance with an agreement. Title IV: Provisions Relating to Imports - Authorizes any interested party to file with the United States Committee for Implementation of Textile Agreements (CITA) a petition to correct market disruption. Requires CITA, upon receiving a petition, to determine whether to commence an investigation to determine whether a product subject to such petition has been or is being imported in such quantities as to cause a market disruption. Requires CITA, if it decides to commence an investigation, to notify the USTR and the Congress. Requires CITA, if a call for consultation is issued about the article concerned, to correct the market disruption by imposing quotas on the importation of such product unless the USTR has negotiated an appropriate bilateral agreement with the exporting country. Directs the Customs Service to monitor all imports covered by such agreement and to deny entry to any that exceed the limits set in it. Prohibits an article from being entered or withdrawn from warehouse for consumption in a U.S. customs territory unless an import license has been issued by the Customs Service. Specifies exceptions to such prohibition. Urges the President to propose to the United Nations Economic and Social Rights Committee that the Convention for the Rights of the Child, which is to be submitted to the General Assembly of the United Nations, include a worldwide ban on trade in products of child labor (employment of children under 15). Requires the Secretary of Labor to make periodic reviews to identify any foreign country that: (1) is not enforcing prohibitions against the use of child labor in the production of products within such country; and (2) is on a continuing basis exporting such products to the United States. Authorizes any person to file a petition with the Secretary of Labor requesting that a particular foreign country be so identified. Prohibits the Secretary of the Treasury from permitting the entry of any product from such country during the effective identification period. Specifies exceptions to such prohibition. Makes it unlawful for any person during such period to attempt to enter any product from such country. Sets forth civil penalties. Amends the Tariff Act of 1930 to set forth congressional findings and policies with respect to the manufacture of products by forced labor in foreign countries. Prohibits: (1) the transport of such products (except products vital to national security) in interstate commerce; and (2) U.S. nationals from investing in, or making loans to, a foreign joint venture involving the use of forced labor. Sets forth civil penalties. Authorizes any person to whom prohibited products have been offered for purchase, or in reasonable likelihood will be offered for purchase, or any public interest group or human rights organization, to commence a civil suit in U.S. district court to: (1) enjoin any persons, including the U.S. Government or any other governmental entity, from violating such prohibitions; or (2) compel the Secretary of the Treasury to enforce such prohibitions. Authorizes actions to be brought in district court for the award of treble damages as a result of such violations. Expresses the sense of the Congress that the President should terminate the bilateral textile agreement between the United States and China, prohibit further imports of textiles and apparel from there, and redistribute to Mexico and Caribbean Basin Initiative beneficiary countries China's textile and apparel quota entitlements. Directs the President to negotiate limits on automobile imports from Japan equivalent to the limits set by the European Community with respect to automobile imports from Japan. Title V: Negotiating Authority - Amends the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions authorizing the President to proclaim modification or continuance of existing duties, continuance of existing duty-free or excise treatment, or such additional duties with respect to the negotiation of trade agreements regarding unfair trade barriers by foreign countries. Amends the Trade Act of 1974 to repeal provisions relating to congressional procedures with respect to bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries. Amends the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions relating to: (1) congressional "fast track" procedures with respect to the implementation of trade agreements regarding tariff and nontariff barriers; and (2) bilateral trade agreements regarding such barriers. Establishes in the Executive Office of the President the National Trade Council which shall advise the President with respect to the integration of national and international policies relating to trade so that the President and Federal agencies can cooperate more effectively in matters involving international trade. Requires the Council to appoint specified advisory committees. Amends the National Environmental Policy Act of 1969 to require Federal agencies to include an environmental impact statement in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting bilateral and multilateral negotiations with other countries on trade or other matters. Amends the Trade Act of 1974 to require the inclusion of representatives of environmental, consumer, and health and safety interests on the Advisory Committee for Trade Policy and Negotiations, specified general policy advisory committees, and certain sectoral or functional advisory committees. Title VI: Miscellaneous Provisions - Directs the Secretary to prohibit for three years any multiple customs law offender from: (1) introducing or attempting to introduce foreign goods into U.S. commerce; and (2) engaging or attempting to engage any other person to introduce, on such offender's behalf, foreign goods into U.S. commerce. Provides for identifying such multiple offenders. Sets the penalty for violations of such prohibition. Amends the Foreign Trade Zones Act to prohibit the Board from establishing manufacturing subzones unless it finds that establishment of such a subzone will result in: (1) significant net public benefits, taking into account significant adverse effects; (2) additional substantial exports from the United States; (3) the encouragement of activity related to import displacement or substitution; (4) the generation of employment and investment in the United States; (5) no negative effect on a remedial action or program instituted by the United States to counter an international unfair trade practice; and (6) no material harm to an existing U.S. industry. Amends the Trade Act of 1974 to prohibit the President from designating any article as eligible for duty-free treatment under the Generalized System of Preferences (GSP) if such article is determined by the ITC (currently, President) to be import-sensitive in the context of the GSP. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the President or the head of a Federal agency to include in every recommendation or report made to the Congress on legislation a statement of the impact of such legislation on U.S. competitiveness in foreign or domestic markets. (Currently, such statement is required only on legislation which may affect the ability of U.S. firms to compete in domestic and international commerce.) Amends the Trade Expansion Act of 1962 to repeal a provision relating to congressional disapproval of presidential action to adjust imports of petroleum that threaten to impair national security. Amends the Foreign Agents Registration Act of 1938 to provide that a foreign principal shall be considered to control a person in major part if such principal holds at least 50 percent equitable ownership in such person. Replaces references to: (1) "agent" with "representative"; and (2) "propaganda" with "promotional material." Requires representatives of foreign principals engaging in private and nonpolitical activities who are relying on exemptions to registration requirements to notify the Attorney General. Prescribes civil penalties for violations with respect to registration statements. Establishes within the Criminal Division of the Department of Justice a section to enforce the Foreign Agents Registration Act of 1938, provisions of the Federal criminal code added by this Act, and all other laws relating to lobbying activities in the United States. Amends the Federal criminal code to prohibit the President, Vice President, specified Federal officials, members of the uniformed services, and Members of the Congress, for specified time periods after such persons' service as officials has ceased, to act as agents or attorneys for compensation, in matters in which the United States is a party or has a direct and substantial interest for: (1) a foreign government or political party; (2) a person outside of the United States, unless such person is a U.S. citizen; or (3) a combination of persons organized under the laws of, or having its principal place of business in, a foreign country. Makes such prohibition inapplicable to the extent such official is engaging only in: (1) the soliciting or collecting of funds to be used for specified humanitarian assistance; (2) activities in furtherance of religious, charitable, scholastic, or scientific pursuits or of the fine arts; or (3) activities in furtherance of an international organization of which the United States is a member. Prescribes criminal penalties for violations of this title. Amends the Trade Act of 1974 to require the President to implement the ITC's recommendations for trade relief in response to an affirmative determination of market disruption from imports of a foreign country. (Currently, authorizes the President to take such action only with respect to imports from countries to which such determination has been made.) Repeals provisions relating to: (1) market disruption from imports from Communist countries; and (2) the filing of petitions requesting the President to initiate consultations under bilateral commercial agreements providing for nondiscriminatory treatment to products of countries that have been denied such treatment because of a finding of market disruption. Amends the Tariff Act of 1930 to include the Committees on Energy and Commerce, on Banking, Finance and Urban Affairs, and on Foreign Affairs of the House of Representatives and the Committees on Commerce, Science, and Transportation, on Banking, Housing, and Urban Affairs, and on Foreign Relations of the Senate as committees to which the ITC, when requested, must make available certain information, investigations, and reports with respect to unfair trade practices by foreign countries. Adds specified factors to be considered in determining the "transaction value" and "computed value" of imported merchandise with regard to the imposition of customs duties on such products.

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 5 February 1992

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