Trade Enforcement Act of 1993

Summary

TABLE OF CONTENTS: Title I: Antidumping and Countervailing Duty Laws Title II: Adjustment to Import Competition Title III: Unfair International Trade Practices Title IV: Provisions Relating to Imports Title V: Negotiating Authority Title VI: Miscellaneous Provisions Trade Enforcement Act of 1993 - Title I: Antidumping and Countervailing Duty Laws - (Sec. 101) 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. (Sec. 102) 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. (Sec. 103) 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 lower than generally available price. 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. (Sec. 104) Sets forth instances where a "resource input subsidy" exists. Requires injury determinations by the ITC to be made in all countervailing duty investigations relating to the existence of such subsidies. (Sec. 105) Provides for treatment of countervailable subsidies to enterprises or industries in nonmarket economy countries. (Sec. 106) Revises factors to be considered by the ITC with respect to imports subject to an antidumping duty or countervailing duty investigation. (Sec. 107) Revises provisions regarding merchandise subject to an antidumping or countervailing duty order. that is assembled in the United States or other foreign country with foreign imported parts. (Sec. 108) Amends the antidumping provision of the Unfair Competition Act of 1916 to revise the predicate of a private cause of action to remove intent to injure or monopolize as a necessary element. Provides for private enforcement actions. (Sec. 109) Requires the Secretary of Commerce (Secretary) to report annually to the Congress on the antidumping and countervailing duty program. Title II: Adjustment to Import Competition - (Sec. 201) 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: (1) the method by which the ITC makes "substantial cause" and "affected domestic injury" determinations; and (2) factors the ITC must take into account when recommending action to relieve a domestic industry from such injury and help it make a positive adjustment to import competition. Prohibits an investigation for import relief with respect to articles that have been given relief under an orderly marketing agreement. (Sec. 202) Amends the Trade Agreements Act of 1979 to change from discretionary to mandatory the President's authority 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 - (Sec. 301) Amends the Trade Act of 1974 to require the USTR to identify U.S. trade liberalization priorities no later than September 30 of each calendar year. Adds specified congressional committees to the list of those the USTR must report to about such priorities. Makes any of such committees eligible to file a petition with respect to import barriers and market distorting practices of foreign countries whenever it determines (by 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. (Sec. 302) 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 take specified actions with respect to a foreign country's noncompliance with an agreement. Title IV: Provisions Relating to Imports - (Sec. 401) 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, 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. (Sec. 402) Prohibits, with specified exceptions, any 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. (Sec. 403) 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). Authorizes any person to file a petition with the Secretary of Labor requesting that a particular foreign country be identified as not enforcing prohibitions against child labor. Prohibits the Secretary of the Treasury from permitting the entry of any product from such country, with certain exceptions, during the effective identification period. (Sec. 404) Prohibits: (1) the transport of products of forced labor in foreign countries (except those 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. (Sec. 405) 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 Chinese textiles and apparel, and redistribute to Mexico and Caribbean Basin Initiative beneficiary countries China's textile and apparel quota entitlements. (Sec. 406) 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 - (Sec. 501) 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. (Sec. 502) Amends the Trade Act of 1974 and the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions relating to: (1) congressional "fast track" procedures for implementation of trade agreements on tariff and nontariff barriers; (2) bilateral trade agreements on such barriers; and (3) resolutions approving commercial agreements with Communist countries. (Sec. 503) Establishes in the Executive Office of the President the National Economic Council to advise the President about integration of national and international policies relating to economics and trade so that the President and Federal agencies can cooperate more effectively. (Sec. 504) 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. (Sec. 505) 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 - (Sec. 601) 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; or (2) engaging or attempting to engage any other person to introduce, on such offender's behalf, foreign goods into U.S. commerce. (Sec. 602) Amends the Foreign Trade Zones Act to prohibit the Board from establishing manufacturing subzones unless it finds that certain U.S. trade benefits will result. (Sec. 603) 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. (Sec. 604) 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 its impact 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.) (Sec. 605) Amends the Trade Expansion Act of 1962 to repeal a provision for congressional disapproval of presidential action to adjust imports of petroleum that threaten to impair national security. (Sec. 606) 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. 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 their service has ceased, from acting as agents or attorneys for compensation in matters (with specified exceptions) 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. (Sec. 607) Amends the Trade Act of 1974 to change from discretionary to mandatory the Presidents' authority to implement the ITC's recommendations for trade relief in response to an affirmative determination of market disruption from foreign imports. (Sec. 608) Amends the Tariff Act of 1930 to add specified congressional committees to the list of those to which the ITC, when requested, must make available certain information, investigations, and reports about unfair trade practices by foreign countries. (Sec. 609) Specifies additional factors to be considered in determining the "transaction value" and "computed value" of imported merchandise with regard to the imposition of customs duties.

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• Introduced in Senate (text)

  Introduced in Senate · EN · 21 January 1993

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 21 January 1993

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• Introduced in Senate

  summary · EN · 21 January 1993

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