S.490 - Omnibus Trade Act of 1987100th Congress (1987-1988)
|Sponsor:||Sen. Bentsen, Lloyd M. [D-TX] (Introduced 02/05/1987)|
|Committees:||Senate - Finance|
|Committee Reports:||S.Rept 100-71|
|Latest Action:||07/23/1987 Senate incorporated this measure into S. 1420. (All Actions)|
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Summary: S.490 — 100th Congress (1987-1988)All Bill Information (Except Text)
(Reported to Senate from the Committee on Finance with amendment, S. Rept. 100-71)
Reported to Senate amended (06/12/1987)
Omnibus Trade Act of 1987 - Title I: Authority to Negotiate Trade Agreements - Grants the President, through January 3, 1994, the authority to enter into multilateral trade agreements to reduce or eliminate trade barriers or distortions whenever the President determines that such barriers to, or distortions of, international trade: (1) unduly burden or restrict U.S. foreign trade or adversely affect the U.S. economy; or (2) are likely to result in such a burden, restriction, or effect. Limits the amount of reduction in duty that such agreements may involve.
Grants the President, through January 3, 1994, the authority to enter into bilateral trade agreements with foreign countries providing for the reduction or elimination of trade barriers or distortions. Provides that such a bilateral trade agreement may be entered into only if: (1) the foreign country requested the negotiation of such an agreement; and (2) the President provides 60 days' notice to specified congressional committees and consults with such committees.
Requires the President, before entering into negotiation of such a multilateral or bilateral trade agreement, to determine: (1) whether state trading enterprises account for a significant share of the exports of such foreign country or of the goods of such country that are subject to import competition; and (2) whether such state trading enterprises unduly burden or restrict, or adversely affect, U.S. foreign trade or the U.S. economy or are likely to result in such a burden, restriction, or effect. Authorizes the President, if a country's state trading enterprises meet such criteria, to enter into a multilateral or bilateral trade agreement with such country only if such agreement provides that the state trading enterprises: (1) will make non-governmental purchases and sales in international trade in accordance with commercial considerations; and (2) will give U.S. businesses adequate opportunity to compete for participation in such purchases and sales.
Provides that a multilateral or bilateral trade agreement may be entered into only if the trade agreement: (1) meets the negotiating objectives described in the Omnibus Trade Act of 1987; (2) provides for the reciprocal exchange of obligations among the signatories to the agreement; (3) provides a reasonable likelihood that the United States can enforce the obligations of such agreement; and (4) complements and reinforces existing agreements with non-signatory countries and existing U.S. agreements on related economic subjects.
Requires the President, before entering into such a multilateral or bilateral trade agreement, to consult with specified congressional committees.
Requires the U.S. Trade Representative (USTR) and the Advisory Committee For Trade Negotiations to consult with such congressional committees on a continuing basis in order to inform the Congress of trade negotiations and the progress in meeting, and obstacles to achieving, U.S. trade negotiating objectives. Requires the President and the Advisory Committee to submit to the Congress a report on the progress being made in any multilateral and bilateral negotiations.
Provides that a multilateral or bilateral trade agreement entered into under the Omnibus Trade Act of 1987 shall enter into force with respect to the United States if: (1) the President has notified the Congress of the intent to enter into such an agreement; (2) after entering into the agreement the President submits the final legal text of the agreement to the Congress together with other specified materials; and (3) the implementing bill is enacted. Authorizes the President to make certain recommendations to the Congress in order to ensure that a foreign country that receives benefits under a trade agreement is subject to obligations under the agreement. Imposes limitations on the use of expedited congressional procedures for the consideration of an implementing bill or approval resolution relating to such trade agreements.
Declares that the overall objectives of the United States in international trade negotiations shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining, and service sectors; and (4) improved management of the new global economy. Sets forth the principal objectives in negotiating such agreements.
Amends the Trade Act of 1974 to declare that the principal U.S. negotiating objectives under the import relief provisions of such Act shall be to eliminate or reduce foreign barriers to equitable access by U.S. persons to foreign development technology. Requires the United States, in pursuing such objectives, to take into account U.S. policies in licensing or otherwise making available to foreign persons technology and other information developed by U.S. laboratories.
Provides termination and reservation authority for trade agreements entered into under this Act.
Requires the President to determine, before January 3, 1991, whether any major industrial country has failed to make reciprocal concessions under a trade agreement. Requires the President to recommend certain legislation to the Congress with respect to such a country if the country has failed to make such concessions.
Provides that no political party shall dominate the membership of specified trade advisory committees.
Requires the International Trade Commission (ITC), when providing advice to the President on import-sensitive articles, to identify articles that are sensitive to imports and to include a statement of whether any reduction, elimination, or modification of duties under consideration with respect to such articles may injure the domestic industry producing such articles. Directs the President with respect to offers made in the course of trade negotiations for the modification or continuance of any U.S. duty, import restriction, or barrier to international trade, to take into account any advice or reports submitted by: (1) the ITC; (2) the Advisory Committee For Trade Negotiations; or (3) any organization that holds public hearings with respect to such articles, or domestic industry that is sensitive to imports.
Requires the President to make the same determinations regarding state trading enterprises before a foreign country accedes to a multinational trade agreement to which the United States is a party as the President is required to make before entering into negotiation of a multilateral or bilateral trade agreement under the Omnibus Trade Act of 1987. Requires the President, if a country's state trading enterprises meet such criteria, to reserve the right of the United States to withhold extension of such agreement between the United States and such country. Provides that, if a country's state trading enterprises meet such criteria such trade agreement shall not apply between the United States and such country until: (1) such country and the United States enter into an agreement providing that the state trading enterprises will make certain purchases and sales in accordance with commercial considerations and will afford U.S. businesses an opportunity to compete for such purchases and sales; or (2) a bill which approves the extension of such agreement between the United States and such foreign country is enacted. Provides for expedited congressional consideration of such an implementing bill.
Declares that Congress finds that: (1) the benefit of trade concessions can be adversely affected by misalignments in currency; and (2) such misalignments caused by government policies intended to maintain an unfair trade advantage tend to nullify and impair such concessions. Directs the President to take action to initiate bilateral currency negotiations with a foreign country whenever he determines, during the course of trade negotiations with such country, that: (1) such country manipulates currency exchange rates and maintains barriers to investment, encourages internal investment, or engages in other policies for the purpose of preventing balance of payments adjustments or gaining an unfair competitive advantage in trade; (2) the currency of such country is substantially undervalued against the U.S. dollar; and (3) such country has a material surplus in the balance on the current account between such country and the rest of the world.
Title II: Enhancing Competitiveness - Subtitle A: Positive Adjustment in Import-Impacted Industries - Amends the Trade Act of 1974 to revise the chapter providing for import relief. Provides that a petition for eligibility for import relief for the purpose of facilitating orderly adjustment to import competition may be filed with the ITC by any entity which is representative of an industry. Requires the petition to include: (1) a statement describing the specific purposes for which import relief is being sought; and (2) a plan to promote positive adjustment to import competition.
Requires the ITC to begin an investigation to determine whether an article is being imported in such increased quantities as to be a substantial cause of serious injury, or threat of serious injury, to a competing domestic industry upon: (1) request of the President or the (USTR); (2) resolution of specified congressional committees; or (3) filing of a petition. Requires the ITC, in making such determination, to consider all relevant economic factors. Lists certain factors to be considered, including, with respect to serious injury, the inability of a significant number of firms to operate domestic production facilities at a reasonable profit and, with respect to threat of serious injury: (1) export targeting by a foreign government; (2) the existence of affirmative antidumping or countervailing duty determinations relating to a specified country; (3) the extent of the inability of the domestic industry to maintain its research and development expenditures; and (4) the extent to which articles are being diverted to the United States because of export or import restraints in a third country.
Sets forth the methods to be used by the ITC to determine the relevant domestic industry, including requiring the ITC to treat as part of an industry only its domestic production even if the industry also imports.
Defines "substantial cause" to mean a cause which is important and not less than any other cause.
Requires the ITC to: (1) investigate and report on efforts made by firms and workers in the industry to compete more effectively; and (2) investigate any factors which may be contributing to increased imports and, if the ITC has reason to believe that the increased imports are attributable to dumping, to notify the appropriate agency.
Declares that imports of competitive articles by domestic producers shall not be considered a factor indicating the absence of serious injury or threat of serious injury to such industry.
Requires the ITC to examine factors other than imports which may be a cause of injury or threat of injury to the domestic industry.
Requires the ITC to hold public hearings in import relief investigations.
Permits any firm, union, local community, trade association, or any other persons to submit to the ITC commitments regarding their efforts to promote a positive adjustment in the domestic industry to import competition. Requires the ITC, if it makes an affirmative determination of serious injury or threat of serious injury to a domestic industry, to confidentially obtain such commitments.
Requires the ITC to make a determination within 150 days of the start of an import relief investigation. Prohibits an import relief investigation with respect to a domestic industry which was the subject of a previous investigation that resulted in tariff changes, import quotas, or orderly marketing agreements. Prohibits for one year any import relief investigation, except for good cause, of the same subject matter as a previous investigation that did not succeed in obtaining relief.
Requires the President to impose provisional import relief if the President finds that critical circumstances exist. Sets forth limitations on the duration of such relief. Declares that critical circumstances exist if a significant increase in imports over a short period of time has led to circumstances in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the regular import relief procedure.
Permits a petition which alleges import injury to a perishable product to be filed with the Secretary of Agriculture with a request that emergency relief be granted. Sets forth the procedure and timetable for granting such emergency relief.
Requires the ITC to report to the President on the determination made by the ITC in an import relief investigation. Sets forth information to be included in such report. Requires the ITC, if it determines that import relief is warranted, to: (1) recommend actions which the President is authorized to take action (other than to negotiate an orderly marketing agreement to limit imports) that will assist a domestic industry to become more competitive; and (2) include specified information in the report to the President including a description of the short and long-term effects of the implementation of the recommendation on other domestic industries and consumers. Limits the extent of the impact of, and the duration of, the import relief recommended by the ITC. Provides for public hearings by the ITC on its recommendations.
Permits the ITC to recommend the suspension of specified articles of the Tariff Schedules of the United States or the designation of an article as an eligible article under the Generalized System of Preferences if, in addition to making an affirmative determination that injury exists with respect to increased quantities of such articles, it determines in the course of its investigation that the serious injury, or serious threat of injury, to the domestic industry producing a like or directly competitive article is substantially caused by such imported articles. Provides for public hearings by the ITC on its recommendations.
Requires the ITC, if it makes an affirmative determination of injury to a domestic industry, to: (1) hold a public hearing on ITC recommendations for import relief; and (2) take into account, when making such recommendations to the President, any positive adjustment plan or confidential commitments by firms or workers to promote the competitiveness of a domestic industry. Requires the ITC to transmit such plan, confidential commitments, and report containing ITC recommendations with respect to import relief to the President.
Requires the ITC to: (1) consider specified factors in making such recommendations; (2) report to the President on import relief determinations within 180 days of the start of the investigation; and (3) furnish additional information to the President upon request.
Requires the President, if the ITC makes an affirmative determination that import relief is warranted, to take, within 60 days of receipt of the ITC report: (1) the actions recommended by the ITC or other actions which are at least substantially equivalent to the actions recommended by the ITC; and (2) other authorized actions that are likely to assist the domestic industry to become more competitive. Declares that the President shall not be required to take such action if he determines it would: (1) endanger U.S. national security; or (2) be a substantial cause of serious injury to a domestic industry.
Requires the President, when the ITC makes an affirmative determination of an injury caused by increased quantities of imports and recommends the provision of trade adjustment assistance to workers or firms in a domestic industry that is the subject of such determination, to direct the Secretary of Labor or the Secretary of Commerce to certify such workers or firms as eligible for such assistance.
Requires the President to take actions to implement import relief measures recommended by the ITC if: (1) he takes actions that are different from those actions recommended by the ITC or takes no action at all; and (2) a joint resolution of disapproval is passed by the Congress. Sets forth factors the President should consider when determining import relief measures.
Requires the President to submit to the Congress a report setting forth: (1) the actions he has determined to take with regard to import relief; (2) the reasons for any difference in the import relief granted and that recommended by the ITC; (3) the basis for his determination; and (4) any recommendations for legislation that would assist the domestic industry to become more competitive.
Sets forth the timetable for actions by the President in import relief actions. Sets forth the import relief actions the President is authorized to take, including providing increases of duties, tariff-rate quotas, marketing agreements to limit imports, trade adjustment assistance, and entering into multilateral negotiations.
Authorizes the President to take such additional actions as may be necessary to eliminate the circumvention of import relief actions previously taken by the President. Provides for the administration, review, and termination of import relief actions taken by the President. Limits the duration of import relief actions to ten years.
Directs the Secretary of the Treasury to issue and use import licenses in administering certain limitations imposed under the Trade Act of 1974 on the quantity of articles imported into the United States. Requires the Secretary of the Treasury to auction such licenses to the public. Sets forth requirements with respect to such licenses. Authorizes the President to negotiate orderly marketing agreements if such agreement provides for the administration and enforcement of such agreement by the United States through the issuance and auctioning of import licenses. Requires the Secretary of the Treasury to: (1) conduct a study on the effects of auctioning import licenses with respect to certain import limitations imposed under the Trade Act of 1974; and (2) submit a report on such study to the Congress.
Establishes in the Treasury the Auctioned Import License Trust Fund. Requires the Secretary of the Treasury to deposit amounts received from the auctioning of import licenses into such Fund. Sets forth requirements with respect to the maintenance of such Fund.
Subtitle B: Trade Competitiveness Assistance - Amends the Trade Act of 1974 to revise the eligibility requirements for trade adjustment assistance for workers and firms. Authorizes the certification of workers and firms (including workers and firms in the oil and gas industry) as eligible for such assistance if there are increases in imports of articles that are competitive with articles to which the workers or the firms provide essential goods or services. Requires the Secretary of Labor to notify each worker who is covered by a certification for trade adjustment assistance.
Requires a worker, in order to receive cash assistance, to: (1) be enrolled in a training program approved by the Secretary of Labor; (2) have completed such a program; or (3) have received a written certification from the Secretary or the relevant State or State agency that it is not feasible or appropriate to approve a training program for such worker. Prohibits payment of such assistance to such worker if the worker has failed to begin, or has ceased to participate in, such training program and there is no justifiable cause for such failure or cessation until the worker begins or resumes participation in such training program.
Requires the Secretary of Labor to report annually to specified congressional committees on the number of workers who received certifications on the non-feasibility or inappropriateness of job training during the preceding year.
Increases the maximum trade readjustment allowance to an amount equal to 78 (currently 52) times the amount of one week's trade readjustment allowance. Provides that such increase shall apply to a worker who receives a certification of non-feasibility of job training.
Sets forth provisions relating to: (1) the duration of worker training programs; (2) other sources of funds to cover the costs of such programs; and (3) breaks in training.
Requires that, if the Secretary of Labor approves training for adversely affected workers the training must be reasonably available. Provides that such training may be paid for directly or through a voucher system.
Limits the total amount of payments for training for each adversely affected worker to $4,000.
Requires agreements entered into with States for the provision of training program services for adversely affected workers to include the coordination of the administration of employment services, training, and supplemental job assistance for such workers.
Requires each cooperating State agency (agency which provides trade adjustment assistance services) to advise adversely affected workers of training opportunities as soon as practicable. (Current law requires the agency to provide such advice within 60 days of receiving an application for training.)
Sets forth provisions relating to a worker's separation from employment and eligibility for trade adjustment assistance.
Terminates on September 30, 1993, trade adjustment assistance programs for workers, technical assistance for firms, and the imposition of import fees to fund such programs.
Authorizes appropriations for trade adjustment assistance for workers and for firms through FY 1990. (Current law authorizes such appropriations through FY 1991.)
Establishes within the Treasury a Trade Competitiveness Assistance Trust Fund. Provides for funding the Trust Fund. Requires the amounts in the Trust Fund to be used to: (1) pay drawbacks and refunds of the duty imposed on all imports under the Trade Act of 1974; (2) carry out trade adjustment assistance for workers and firms; and (3) repay advances made to the Trust Fund from appropriations. Prohibits the use of the amounts in the Trust Fund to pay certain loans guaranteed under programs for trade adjustment assistance for firms.
Limits the amount for payment of trade adjustment assistance for workers and firms to available funds in the Trust Fund. Authorizes appropriations to the Trust Fund for payment of such assistance.
Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade (GATT) to allow countries to impose a small uniform fee on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotiations.
Directs the President to report to the Congress as soon as the GATT allows the imposition of such a fee.
Imposes an additional fee on all imports into the United States, including those imports granted duty-free treatment, with specified exceptions.
Title III: Unfair International Trade Practices Investigations - Subtitle A: Mandatory Responses to Unfair Distortions of International Trade - Amends the Trade Act of 1974 to require the national trade estimate prepared annually by the USTR to include a list of the trade barriers of each foreign country and an estimate of the value of additional U.S. goods and services and the value of additional foreign direct investment by U.S. persons that would have been exported to, or invested in, each foreign country if each of such trade barriers did not exist. Requires the USTR to consider the value of such U.S. exports and investments in determining the trade distorting impact of such trade barriers. Changes the date on which such annual report (to be known as the National Trade Estimate) is due to March 31, 1988.
Requires the USTR to identify those countries that: (1) have acts or practices that deny adequate protection of intellectual property rights or fair market access to U.S. persons that rely upon intellectual property protection, and have the greatest adverse impact in the markets of such country on U.S. products; and (2) have not entered into good faith negotiations to provide such protection or market access. Requires the President to initiate negotiations with such countries to eliminate such practices. Requires the President to submit a report to the Congress detailing: (1) any agreements reached pursuant to such negotiations; (2) any evidence of increase in U.S. exports to such countries that has occurred as a result of the elimination of the acts, policies, and practices of such U.S. countries; and (3) any evidence that the level of exports to such countries are commensurate with the level that was reasonably expected to result from the elimination of such acts, policies, and practices.
Requires the USTR, on the basis of the National Trade Estimate, to initiate investigations with respect to those countries that maintain such barriers and distortions for the purpose of expanding U.S. exports to such countries. Exempts the USTR from initiating such investigations if he believes such investigations would be detrimental to other efforts being made to eliminate such barriers or distortions.
Requires the USTR to initiate an investigation with respect to those countries that deny protection of intellectual property rights and have not entered into good faith negotiations to provide such protection.
Exempts the USTR from initiating such investigation if he determines that: (1) the initiation of the investigation would be detrimental to U.S. national economic interests; or (2) the foreign country has entered into good faith negotiations to remedy such practices.
Requires the USTR to determine within nine months of the start of an investigation, whether: (1) the United States is being denied any trade rights; or (2) the trade practices being investigated constitute unfair practices. Requires the USTR to provide an opportunity for the presentation of the views of interested parties and to obtain advice from appropriate advisory bodies either before or after making such determination depending upon whether expeditious action is required. Requires the USTR to make the determination more quickly (within six months) if export targeting or unfair intellectual property practices is alleged. Requires the USTR, if he makes an affirmative determination, to recommend actions the President should take with respect to such unfair practices. Requires the President to take the actions necessary to enforce U.S. trade rights and eliminate unfair trade practices if such determination is affirmative. Sets forth the time frame in which such actions must be taken. Authorizes the President to postpone taking such actions for any periods of delay in formal dispute settlement proceedings under a trade agreement or if he makes a specified certification to the Congress. Prohibits the President from granting more than two postponements.
Declares that the President is not required to take any actions if: (1) the contracting parties to the General Agreement on Tariffs and Trade (GATT) make a determination or a ruling is issued under the formal dispute settlement proceedings that conflicts with the USTR's determination of unfair trade practices; (2) an agreement is entered into between the United States and the foreign country involved and the affected domestic industry, or the petitioner agrees that such agreement adequately offsets the unfair trade practices and enforces U.S. trade rights; or (3) the President submits specified certifications to the Congress.
Terminates any actions taken in response to such investigations after four years if there is no request for continuation of the action. Provides for formal review, upon request, of the necessity of the continuation of the action. Requires the USTR to report to the President and the Congress on such review.
Authorizes the President to modify or terminate an action taken pursuant to such an investigation if: (1) the contracting parties to the GATT make a determination or a ruling is issued under the formal dispute settlement proceedings that conflicts with the USTR's determination of unfair trade practices; or (2) the burden on the U.S. economy of the denial of trade rights or of the unfair trade practices has increased or decreased.
Requires the USTR, if he makes an affirmative determination with respect to export targeting by a foreign country and the President does not take action with respect to such determination, to initiate negotiations with such country to obtain an agreement for the elimination of such export targeting or the provision of additional trade benefits to the United States. Requires the President, under specified circumstances, to establish an advisory panel to recommend measures which will promote the competitiveness of a domestic industry affected by such targeting.
Includes foreign trade practices that threaten to burden or restrict U.S. commerce among the trade practices to which the USTR must respond.
Defines "burden on U.S. commerce" to include: (1) foreign trade practices which have an adverse effect on trade between the United States and another foreign country; (2) the subsidization of exports that results in the displacement of U.S. exports to another foreign country; (3) the imposition of import restrictions or export performance requirements that result in the diversion of the exports of another foreign country to U.S. markets; and (4) the enforcement of trade restraining agreements that result in the diversion of the exports of another foreign country to U.S. markets.
Requires foreign instrumentalities and territories to be treated as foreign countries.
Authorizes the President, in reaction to unfair foreign trade practices, to: (1) withdraw or refrain from proclaiming benefits under the Generalized System of Preferences for the country involved; or (2) enter into agreements that offset or eliminate any burden on U.S. commerce resulting from such practices.
Includes within the definition of unreasonable trade practices: (1) export targeting; (2) a requirement that intellectual property be licensed to the foreign country concerned or to a firm in such country or that technical information be submitted to such country as a condition of importation into such country; or (3) the denial of worker's rights.
Defines "export targeting" to include any government plan consisting of a combination of coordinated actions that are bestowed on a specific enterprise, industry, or group the effect of which is to assist the enterprise, industry, or group to become more competitive in exports. Sets forth actions included within the definition of export targeting.
Includes within the definition of "discriminatory practices" trade practices: (1) which enable a state trading enterprise to compete in international trade or make purchases or sales in international trade without depending on commercial considerations; (2) through which a foreign country assists a state trading enterprise in such competition, purchases, or sales; or (3) which fail to afford U.S. firms adequate opportunity, in accordance with customary business practice, to compete for participation in purchases from, or sales to, state trading enterprises.
Defines "denial of benefits" under a trade agreement to include foreign trade practices that: (1) nullify, impair, or impede attainment of the objectives of such agreement; (2) constitute an unfair trade concession requirement for any product or service within the purview of such agreement. Defines "unfair trade concessions requirement."
Directs the USTR, if he initiates an investigation with respect to a practice that he believes may impair, or threaten to impair, U.S. sales of agricultural commodities in foreign markets, to determine whether the provision of surplus commodities under the Food Security Act of 1985 to U.S. exporters and foreign purchasers would be an appropriate action to offset such practice that is the subject of such investigation. Requires the USTR to submit to the President and the Congress a report concerning such determination, including the reasons on which such determination was based. Requires the President, if the USTR makes an affirmative determination, to: (1) issue a directive to the Commodity Credit Corporation that requires it to provide surplus agricultural commodities to U.S. exporters and foreign purchasers to offset such practice; or (2) submit to the Congress a statement explaining why he has declined to issue such directive.
Authorizes the President, in order to meet U.S. international obligations, to take actions to compensate foreign governments for actions taken with respect to unfair foreign trade practices.
Subtitle B: Improvement in the Enforcement of Antidumping and Countervailing Duties - Amends the Tariff Act of 1930 to permit the administering authority, if it finds a reasonable basis to suspect that critical circumstances may exist after the initiation of a countervailing or antidumping duty investigation, to request the Commissioner of Customs to compile information on an expedited basis regarding entries of the class or kind of merchandise that is the subject of such investigation. Requires the Commissioner to collect information regarding the volume and value of entries of such merchandise and to transmit such information to the administering authority upon request until: (1) a final determination is made with respect to such investigation; (2) such investigation is terminated; or (3) the administering authority withdraws its request for such information. Requires the ITC, if there is an affirmative determination of a subsidy or dumping, and critical circumstances and material injury to an industry exist, to determine whether retroactive imposition of a countervailing or antidumping duty on the merchandise is necessary to prevent recurrence of material injury that was caused by massive imports of such merchandise over a short period of time. Sets forth factors to be considered by the ITC in making such determination.
Requires the administering authority, if it determines that merchandise is imported into the U.S. customs territory by, or for, a manufacturer, producer, seller, or exporter for the purpose of absorbing antidumping duties on behalf of a U.S. purchaser, to declare the importation a sham transaction and direct customs officers to treat the U.S. purchaser as the importer solely liable for such duties. Sets forth factors to be considered in determining whether a transaction is a sham transaction.
Authorizes a domestic producer of an article that is like a component part or a downstream product to petition the administering authority to designate a downstream product for monitoring by the ITC. Sets forth information to be included in the petition. Requires the administering authority to determine whether: (1) there is a reasonable likelihood that imports of the downstream product will increase as an indirect result of any diversion with respect to component parts; (2) such component parts are already subject to monitoring to aid in the enforcement of a bilateral arrangement; and (3) merchandise related to the component parts have been the subject of a number of suspended countervailing or antidumping duty investigations, or the subject of a countervailing or antidumping duty order. Sets forth factors the administering authority may take into account in making such determination.
Requires the ITC to make quarterly reports to the administering authority regarding the ITC monitoring of a downstream product. Requires the administering authority to review the reports of the ITC and: (1) consider such information in determining whether to initiate an antidumping or countervailing duty investigation regarding a downstream product; and (2) request the ITC to cease its monitoring if the information indicates that imports are not increasing and there is no reasonable likelihood of diversion with respect to component parts.
Defines "component part" to mean an import that: (1) during the five years preceding the petition has been subject to a countervailing or antidumping duty order or agreement; and (2) is used routinely as a major part in other manufactured articles. Defines "downstream product" to mean any import into which is incorporated any component part.
Sets forth provisions relating to preventing the circumvention of countervailing and antidumping duty orders and findings. Outlines considerations with respect to the applicability of such orders and findings for: (1) products completed or assembled in the United States with parts or components imported from a country covered by such an order or finding; (2) products completed or assembled in a third country prior to importation into the United States; and (3) products altered to be removed from a particular tariff classification.
Amends the Trade and Tariff Act of 1934 to provide that any steel product that is manufactured in a country that is not a party to a bilateral arrangement (a non-arrangement country) from steel which is melted and poured in a country that is an arrangement country will be treated for purposes of the quantitative restrictions under that arrangement as if it were a product of an arrangement country.
Amends the Tariff Act of 1930 to permit an eligible domestic industry to file a petition with the administering authority requesting that a product monitoring category be established with respect to merchandise that becomes the subject of an affirmative dumping determination. Requires the administering authority to establish a program of monitoring if: (1) any merchandise which is within the same product monitoring category as the merchandise to be monitored has been the subject of at least two affirmative dumping determinations during the preceding ten years; and (2) all merchandise within a product monitoring category has been the subject of at least three affirmative dumping determinations during the preceding ten years. Requires the administering authority to initiate an antidumping duty investigation if the monitoring provides a reasonable likelihood that such merchandise is being sold in the United States at less than fair value.
Requires the administering authority, if the merchandise involved in a dumping investigation is exported from a nonmarket economy country and it is not possible to accurately determine the foreign market value of such merchandise from the information submitted by such country, to determine the foreign market value on the basis of the trade-weighted average price at which comparable merchandise is sold by a specified eligible market economy country. Provides for determining such foreign market value when there is no eligible market economy producer.
Requires the foreign market value of merchandise to be determined from the factors of production incurred in producing such merchandise which shall be valued from the best available evidence in a market economy and to which shall be added an amount for general expenses and profit plus the cost of containers, coverings, and other expenses if: (1) the merchandise under investigation is exported from a nonmarket economy country; (2) the administering authority finds that the foreign market value of the merchandise cannot be accurately determined under the usual method because information provided by such country is not verifiable or is insufficient; and (3) the administering authority determines that the comparable merchandise produced in the eligible market economy country is subject to an antidumping duty order or it has reason to believe that the comparable merchandise is being sold in the United States at less than fair value. Requires the administering authority to make a determination of whether there is reason to believe that comparable merchandise is being sold in the United States at less than fair value whenever there is an allegation in an antidumping duty investigation that such comparable merchandise produced in the eligible market economy country is being sold in the United States at less than fair value.
Defines "nonmarket economy country" and "eligible market economy country."
Requires the Commissioner of Customs and the ITC to provide the administering authority, upon request, with a copy of all public and proprietary information that they possess that is relevant to dumping proceedings involving merchandise from nonmarket economy countries.
Authorizes the administering authority to suspend an antidumping investigation involving a nonmarket economy country if specified conditions are met.
Provides that certain producers of raw agricultural products may be considered part of the industry producing processed agricultural products for purposes of bringing countervailing and antidumping duty complaints. Sets forth the criteria such producers must meet. Defines "material injury" for purposes of complaints involving imports of a raw agricultural product and products processed from such raw agricultural product. Classifies a coalition or trade association which represents either processors or processors and producers as interested parties in such investigations.
Permits the administering authority to make proprietary information sumbitted by any party to a countervailing or antidumping duty investigation available under a protective order. Requires the ITC to make such information available under a protective order.
Requires persons making submissions to the administering authority or the ITC in antidumping or countervailing duty proceedings to certify that such submission is accurate and complete to the best of that person's knowledge.
Allows the ITC, in making a determination of material injury in an antidumping or countervailing duty case, to consider other economic factors that are relevant to the determination of such injury. Requires the ITC to explain its analysis and the relevance of each factor considered in making its determination. Adds to the factors that the ITC must consider in examining the impact of imports on a domestic industry the actual and potential negative effects on existing efforts of such industry to develop and produce a type of product derived or developed from an earlier type of product. Requires the ITC to evaluate all relevant economic factors within the context of the business cycle and conditions of competition that are distinctive to such industry.
Adds to the factors that the ITC must consider in determining whether the threat of material injury exists: (1) the existing efforts of the domestic industry to develop the technology necessary to produce a type of product derived or developed from an earlier type of product; and (2) in dumping cases, dumping findings in other countries against the same exporter. Requires the ITC in such dumping cases to request information from the foreign exporter or U.S. importer on threat of material injury.
Adds to the conditions permitting a foreign exporter to post a bond in lieu of the deposit of estimated antidumping duties in antidumping duty cases: (1) the antidumping duty investigation has not been designated as extraordinarily complicated; (2) the final determination by the administering authority has not been postponed; (3) the person who was sold dumped products provides credible evidence that the amount by which the foreign market value of such products exceed the U.S. price for such products is significantly less than the amount of such excess specified in the administering authority's antidumping duty order; and (4) the foreign market value and U.S. price data apply to sales in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison by the administering authority. Requires the administering authority, before determining whether to permit the posting of such bond in lieu of the deposit of estimated duties, to: (1) make available all proprietary information supplied to it under protective order to all interested parties; and (2) afford all such parties an opportunity to file comments with respect to the posting of such bond.
Subjects merchandise imported by, or for the use of, a U.S. agency to the imposition of countervailing or antidumping duties. Sets forth specified exceptions.
Requires the administering authority, with respect to antidumping duty cases, to determine whether a foreign subsidy has been provided to a specific foreign enterprise or industry.
Permits the USTR to revoke the status of a foreign country as a country under the Agreement on Subsidies and Countervailing Measures if such foreign country: (1) announces that it does not intend, or is not able, to honor its obligations with respect to the United States or the Agreement; or (2) does not in fact honor such obligations.
Provides that, for purposes of the ITC determining material injury, or threat of material injury with respect to countervailing duty investigations, a reference to the sale of merchandise includes the entering into of any leasing arrangement with regard to such merchandise. (Currently, any leasing arrangement that is equivalent to the sale of the merchandise.)
Allows the administering authority to consider the occurence of different movements in the prices at which different forms of merchandise subject to an antidumping duty order are sold after the issuance of such order in the foreign country markets from which such merchandise is exported as evidence of the establishment of a fictious market for the merchandise if the movement in such prices appears to reduce the amount by which the foreign market value of such merchandise exceeds the U.S. price of the merchandise.
Title IV: Intellectual Property Rights - Subtitle A: Intellectual Property Remedies - Amends the Tariff Act of 1930 to make unlawful (and therefore subject to remedies for unfair trade practices) the importation or sale within the United States, if a related industry exists in the United States or is being established, of articles that: (1) infringe a U.S. patent or copyright or are produced by a process covered by a U.S. patent; or (2) infringe a trademark. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Sets forth the manner of determining whether a U.S. industry exists.
Authorizes the ITC to terminate an investigation into unfair practices in the import trade by issuing a consent order or on the basis of a settlement agreement.
Authorizes a complainant to petition the ITC to issue an order for the exclusion of certain articles during an investigation into unfair practices in the import trade. Sets forth the timetable for action by the ITC. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property. Provides that the ITC may issue cease and desist orders in addition to or in lieu of exclusionary orders. Increases the penalty for violations of such orders.
Requires the ITC to presume the facts alleged in the complaint are true and to issue, upon request, an exclusion from entry or a cease and desist order or both under certain circumstances. Authorizes the ITC to prescribe sanctions for abuse of discovery and abuse of process.
Authorizes the ITC to order the forfeiture of an article imported in violation of the import trade unfair practices section if: (1) the importer had previously attempted to import the article; (2) the article was previously denied entry into the United States; and (3) upon such previous denial of entry the Secretary of the Treasury had provided the importer with a specified written notice.
Provides that a person who has been previously found to be in violation of the provisions relating to unfair import practices may petition the ITC for a finding that such person is no longer in violation of such provisions or for a modification or rescission of an exclusion.
Excludes intellectual property imported by or for the United States from certain exclusion orders.
Provides for the protection of the confidentiality of information submitted to the ITC or exchanged among the parties in cases involving unfair import practices.
Subtitle B: Access to Technology - Requires the USTR in conjunction with the National Science Foundation to: (1) monitor the transfer of technology between the United States and foreign countries; and (2) report to specified congressional committees annually on such transfers.
Requires the Secretary of Commerce (Secretary) to designate a Foreign Commercial Service Officer in a foreign country to monitor and report on the status of the intellectual property system in such country.
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for programs to aid less developed countries in developing and implementing adequate intellectual property laws and in developing their own indigenous technology. Requires the Secretary to identify the technical assistance needs of such countries.
Requires the Secretary to establish the United States Intellectual Property Training Institute which shall train individuals of developing countries in both management and technical skills regarding the protection of intellectual property. Provides for financing the Institute.
Title V: National Security - Amends the Trade Expansion Act of 1962 to grant the Secretary of Commerce (the Secretary) the responsibility for investigating, upon request, the effects of imports on national security. Requires the Secretary to report to the President on such investigation within 180 days of receiving the request that starts the investigation.
Requires the Secretary to notify the Secretary of Defense concerning any such investigation. Requires the Secretary of Defense to conduct a separate defense needs assessment of the article affected by such imports. Requires the Secretary of Defense to report to the Secretary on such assessment within three months. Requires the Secretary's report to the President on such investigation to include a statement by the Secretary of Defense concurring or disagreeing with the Secretary's findings and explaining such concurrence or disagreement. Requires any portion of such report to be published if it is not: (1) classified as being clearly detrimental to the national security; and (2) proprietary information.
Requires the President to : (1) decide whether or not to take action based on such report within 90 days of receiving it; and (2) explain the decision to take action or not to take action on the report submitted to the President by the Secretary.
Sets forth actions the President may take, including, but not limited to, the negotiation of an agreement which limits or restricts the importation into, or the exportation to, the United States of articles that threaten to impair U.S. national security.
Authorizes the President to direct the Secretary of the Treasury to: (1) carry out such agreement; and (2) enforce any quantitative limitation or restriction contained in such agreement, including the presentation of valid export licenses by foreign countries as a condition for the entry of products into the United States.
Requires the President to take such action as is necessary to adjust such imports in order to protect U.S. national security if: (1) no such agreement is entered into within 270 days after the Secretary's report to the President is due; or (2) such agreement entered into is not being carried out or is ineffective in eliminating the threat to U.S. national security.
Directs the President to establish a national oil import ceiling level beyond which foreign crude and oil product imports as a share of U.S. oil consumption shall not rise. Prohibits such ceiling level from exceeding 50 percent of U.S. crude and oil product consumption for any annual period.
Requires the President to: (1) annually submit projections to the Congress regarding anticipated U.S. oil production, demand, and imports for the subsequent three years; (2) certify whether imports of crude oil and oil products will exceed domestic production; and (3) submit an Energy Production and Oil Security Policy to the Congress to prevent foreign oil dependence from exceeding the national oil import ceiling for any year in which foreign oil imports are projected to exceed such amount.
Grants the Congress ten continuous session days to review such oil projections and to determine whether the ceiling level will be violated within three years.
Authorizes the President's energy plan to include: (1) utilization of all powers within the law; (2) energy conservation actions; (3) expansion of the Strategic Petroleum Reserves; and (4) production incentives for domestic oil and gas.
Title VI: Formulation of United States Trade Policy - Requires the head of each Federal agency, before taking any major action that may affect international trade, to study, and publish a report on, the potential impact such action will have on U.S. international trade and on the international competitiveness of U.S. firms. Exempts emergency actions and certain other actions from such reporting requirement. Requires the head of each Federal agency to include such report with any proposed legislation made to the Congress.
Amends the Trade Expansion Act of 1962 to establish in the Executive Office of the President the National Trade Council, which shall: (1) advise the President on the coordination of national and international policies relating to trade; (2) assess U.S. international trade policies and objectives; (3) consider policies on matters of common interest to Federal agencies concerned with international trade; (4) consider the relationship between the U.S. standard of living and U.S. trade policies; and (5) evaluate the effects of U.S. trade policies and objectives on the national security.
Provides for consultations between members of the Council and representatives of the private sector. Requires the Council to report to the President as appropriate or upon request of the President.
Terminates the Trade Policy Committee.
Establishes the National Trade Data Committee to: (1) establish and maintain a National Trade Data Bank; (2) analyze information in the National Trade Data Bank; (3) disseminate such information to export businesses in a timely manner; and (4) coordinate the gathering and dissemination of commercial information relating to international trade by the Federal Government. Sets forth information to be included in the National Trade Data Bank.
Requires each Federal agency to cooperate in providing information for assimilation into the National Trade Data Bank.
Requires the Committee to report annually to the Congress: (1) assessing the current quality, comprehensiveness, and accessibility of trade data; (2) describing actions that have been taken and that are planned to be taken pursuant to this Act; (3) recommending actions which would ensure that U.S. citizens and firms obtain access to foreign data banks that is similar to the access provided foreign citizens and firms to the National Trade Data Bank; and (4) recommending other legislative actions.
Exempts from the Paperwork Reduction Act of 1980 certain actions taken to carry out this Act.
Title VII: Authorization of Appropriations for Trade Agencies - Amends the Tariff Act of 1930 to authorize appropriations for FY 1988 to the United States International Trade Commission for necessary expenses.
Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1988 to the United States Customs Service for salaries and expenses. Earmarks funds out of such appropriation for: (1) the U.S. Customs Service air interdiction program; (2) rents incurred for the provision of customs services; (3) research; and (4) office reception and representation expenses.
Authorizes the Commissioner of Customs for FY 1988 to: (1) purchase no more than 500 motor vehicles; (2) rent passenger motor vehicles; and (3) purchase uniforms for the U.S. Customs Service.
Requires the Commissioner to notify specified congressional committees with respect to any action which would: (1) result in a reduction in force of Customs Service employees; (2) result in a reduction in hours of service; (3) eliminate or relocate the office of the U.S. Customs Service; (4) eliminate any port of entry; or (5) reduce the number of Customs Service employees in any office of the Service.
Requires the Secretary of the Treasury to establish the Advisory Committee on Commercial Operations of the U.S. Customs Service. Directs the Advisory Committee to provide advice to the Secretary of the Treasury with respect to the Commercial operations of the Customs Service and to submit an annual report to specified congressional committees with respect to such operations.
Amends the Trade Act of 1974 to authorize appropriations for FY 1988 to the Office of the USTR.
Title VIII: Tariff Provisions - Subtitle A: Amendments to the Tariff Schedules of the United States - Part I: Permanent Changes in Tariff Treatment - Amends the Tariff Schedules of the United States to create a new tariff classification to cover imports of certain woven fabrics of man-made fibers.
Creates a new tariff classification for, and imposes a duty on, motor fuel Imposes a duty on motor fuel blending stocks. Revises special marking requirements for watches and watch components.
Excludes the dials of watches and clocks from such requirements. Permits such marking to be done by mold-marking. Deletes the requirement of including information on watch adjustments.
Changes the definition of iron and steel slabs to include those exceeding six inches in thickness.
Increases the duty on certain gloves by classifying work gloves made of a textile fabric coated with rubber or plastics as gloves of textile material rather than as gloves of rubber or plastics.
Provides permanent, duty-free treatment for hatters' fur.
Reduces the duty on salted and dried plums.
Removes from such Schedules 2,5-Xylidine and 3,4-Xylidine. Imposes a duty on N1,N4,N4-Tris(2-hydroxyethyl)-2-nitro-1,4- phenylenediamine; N1,N4-Dimethyl-N1-(2-hydroxyethyl)-3-nitro-l,4-phenylen N1,N4-Dimethyl-N1-(2,3,-dihydroxypropyl)-3-nitro-1,4-ph
Removes from such Schedules L-Phenylalanine and toluidine carbonate. Imposes a duty on 2-Nitro-5-((2,3-dihydroxy)propoxy))-N-methylaniline; 2-Nitro-5-2(2-hydroxyethoxy)-N-methylaniline; 4-((2-Hydroxyethyl)amino)-3-nitrophenol; 4-(2-Hydroxyethoxy)-1,3phenylenediamine dihydrochloride; and 3-Methoxy-4-((2-hydroxyethyl)amino)nitrobenzene.
Defines complete, as used with television receivers, to mean a television receiver assembled in its cabinet (currently, assembled).
Provides for picture tubes imported in combination with or incorporated into other articles to be classified in specified items of the Tariff Schedules, unless they are: (1) incorporated into complete television receivers; (2) incorporated into fully assembled units; or (3) put up in kits containing all the parts necessary for assembly into complete television receivers or fully assembled units.
Provides for a duty on television picture tubes included in color kits containing all parts necessary for assembly into complete receivers through October 31, 1987.
Suspends the duty on color television picture tubes having a video display diagonal of less than 12 inches through December 31, 1990.
Suspends the duty on color television picture tubes having a video display diagonal of over 30 inches through September 30, 1988.
Part II: Temporary Changes in Tariff Treatment -Suspends through December 31, 1990, the tariff on: (1) color couplers and coupler intermediates; (2) specified chemicals; (3) carding and spinning machines specially designed for wool; (4) silk yarn; (5) parts of indirect process electrostatic copying machines; (6) certain plastic sheeting; (7) doll wig yarns; (8) jacquard cards and jacquard heads; (9) tungsten ore; and (10) certain stuffed toy figures.
Suspends through October 31, 1992, the tariff on: (1) certain knitwear fabricated in Guam; and (2) specified chemicals.
Suspends through December 31, 1987, the tariff on extracorporeal shock wave lithotripters imported by nonprofit institutions.
Provides for a temporary reduction of duties on glass inners for vaccuam vessels.
Suspends through December 31, 1989, the Tariff on kitchenware of transparent,nonglazed glass ceramics.
Suspends through December 31, 1990, the tariff on: (1) double cylinder hosiery machinery; (2) latch needles and needles for knitting machines; (3) certain bicycle parts; (4) frozen cranberries; (5) specified chemicals; and (6) power-driven weaving machines for fabrics more than 16 feet in width.
Extends through December 31, 1990, the suspension of duties on: (1) mixtures of mashed or macerated hot red peppers and salt; (2) cantaloupes; (3) certain wools; (4) needlecraft display models; (5) specified chemicals; (6) certain clock radios; (7) machines designed for heat-set, stretch texturing of continuous man-made fibers; (8) single cylinder and Jacquard hosiery knitting machines; (9) double-headed latch needles; (10) certain small toys; (11) stuffed dolls, certain toy figures, and skins thereof; (12) umbrella frames; (13) crude feathers and down; (14) menthol feedstocks.
Part III: Effective Dates - Sets forth effective dates for amendments made by this subtitle.
Subtitle B: Miscellaneous Provisions - Allows specified articles to be imported duty free for use in construction of the telescope for the W.M. Keck Observatory Project in Mauna Kea, Hawaii.
Provides that the entry of certain transistors between March 1, 1985, and November 6, 1986, will be liquidated or reliquidated as if the entry had occurred on November 6, 1986 if a proper request is filed within 90 days after enactment of this Act. Allows a drawback for raw sugar imported after October 31, 1977, and before April 1, 1985, if the export of refined cane sugar or of products manufactured from refined cane sugar occurs before October 1, 1991. Requires the Secretary of Agriculture and the Commissioner of Customs to report to specified House and Senate committees by June 30, 1988, on circumvention of the United States sugar quota through the importation of refined sugar in the form of blended products.
Amends the Tax Reform Act of 1986 to accord duty-free treatment to certain ethyl alcohol mixtures produced in insular possessions of the United States.
Title IX: Miscellaneous Trade Provisions - Subtitle A: Telecommunications Trade - Telecommunications Trade Act of 1987 - Directs the U.S. Trade Representative (USTR), within six months of enactment of this Act, to: (1) identify and analyze all acts, policies, and practices in the markets of foreign countries that deny to U.S. telecommunications firms competitive opportunities that are substantially equivalent to the competitive opportunities available to foreign companies in U.S. markets; and (2) determine which of such acts, policies, or practices denies trade agreement benefits to the United States, is unjustifiable and burdens or restricts U.S. commerce, or otherwise has the effect of nullifying or impairing any benefit to the United States under any agreement or impeding attainment of any objective of any agreement to which the United States is a party. Sets forth factors to be considered in making such analysis and determination. Authorizes the USTR to exclude a country from investigation if the USTR determines that the potential market in such country for U.S. telecommunications products and services is not substantial. Requires the USTR to report to the Congress within six months of enactment of this Act on such analysis and determinations.
Directs the President to begin negotiations with those countries which deny U.S. telecommunications firms substantially equivalent competitive opportunities to enter into trade agreements which provide such opportunities to U.S. telecommunications firms. Sets forth the objectives of the negotiations.
Directs the President, if unable to enter into such an agreement to take, within two years of enactment of this Act, whatever actions within certain limits are necessary to achieve such objectives. Directs the President to take those actions which most directly affect trade in telecommunications products and services with the country concerned. Sets forth the actions the President is authorized to take in such circumstances.
Directs the USTR, if a country does engage in unfair trade practices, to take whatever actions within certain limits are necessary to fully offset such acts, policies, and practices, and to restore the balance of concessions between the United States and such foreign country. Requires the USTR to review annually the extent to which a foreign country's policies meet the negotiating objectives achieved by trade agreements. Directs the USTR to take specified actions if the foreign country is not in compliance with such trade agreement or has adopted an unfair trade act, policy, or practice. Sets forth the actions the USTR is authorized to take.
Directs the President and the USTR to consult with the Secretary of Commerce, the Federal Communications Commission, and a specified interagency trade organization to determine appropriate actions against foreign countries.
Directs the USTR to provide the opportunity for presentations of views by interested parties for purposes of identifying the objectives of trade negotiations and determining appropriate actions against foreign countries.
Directs the President to keep the Congress informed of: (1) the negotiating priorities and objectives for each country involved; (2) the assessment of negotiating prospects; and (3) any U.S. concessions which might be included in negotiations to achieve such objectives.
Authorizes the President, during the three years following enactment of this Act, to enter into trade agreements which meet specified objectives with foreign countries which provide for: (1) the harmonization, reduction, or elimination of duties or restrictions, barriers, or other distortions to international trade; or (2) the prohibition of or limitations on the imposition of duties or restrictions, barriers, or other distortions to international trade.
Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President has taken action because no trade agreement could be reached under this Act; and (2) the USTR is not required to take action against such country under this Act.
Authorizes the importation of a product that is subject to registration or approval by the Federal Communications Commission (FCC) only if: (1) such product conforms with all applicable FCC regulations; and (2) the information which is required on a specified FCC form is provided to the appropriate customs officer at the time of entry into the United States. Directs the FCC, the Secretary of Commerce, and the USTR to provide enforcement assistance to the Secretary of the Treasury upon request. Directs the Secretary of the Treasury to provide the Congress with information on such imports at least twice a year.
Amends the Trade Act of 1974 to include within the definition of service sector access authorization any authorization that permits access to the U.S. market to a foreign supplier of goods related to a service.
Directs the Secretary of Commerce to report to the Congress at least once every two years on the impact of U.S. domestic policies and practices on the growth and international competitiveness of the U.S. telecommunications industry.
Subtitle B: Customs Provisions - Allows a duty-free sales enterprise to be located anywhere within: (1) the port of entry from which purchasers of duty-free merchandise depart the customs territory; and (2) 25 statute miles from the exit point where purchasers of duty-free merchandise depart the customs territory.
Requires each duty-free enterprise to: (1) establish procedures for reasonable assurance that duty-free merchandise will be exported; (2) enforce guidelines that the merchandise sold will be for personal use if the enterprise is in an airport; (3) display notices stating that duty-free merchandise has not been subject to any Federal duty or tax, must be declared and is subject to Federal duty and tax if brought back to the customs territory, and is subject to the customs laws and regulation of any foreign country to which it is taken; (4) place the merchandise in a duty-free sales enterprise before it is unpacked into saleable units; and (5) deliver duty-free merchandise to the purchaser in an airport, at the exit point of a specific departing flight, within the aircraft on which the purchaser will depart, or by any other reasonable method if the duty-free enterprise is an airport store or to a location beyond the exit point or any location approved by the Secretary before the passage of this Act if the enterprise is a border store.
Prohibits the transfer of merchandise for a duty-free enterprise to or through such a facility unless the operator demonstrates to the Secretary of the Treasury that he has obtained any concession or approval required by State or local authorities. Allows the sale of merchandise other than duty-free merchandise, providing it has not been stored in a bonded warehouse facility other than a bonded facility used for retail sales.
Removes the exemption from duty if merchandise bought at a duty-free sales enterprise is brought back to the customs territory.
Requires the Secretary to establish by regulation a separate class of bonded warehouses for duty-free sales enterprises.
Extends through October 1, 1989, the International Coffee Agreement Act of 1980.
Requires customs officers who seize imported pornography to transmit information about it to the United States Attorney of the district of either: (1) the office at which the seizure took place; or (2) the place to which the book or other matter is addressed. Requires the United States Attorney to institute proceedings for the forfeiture, confiscation, and destruction of the book or matter seized.
Increases the period for instituting judicial proceedings for the forfeiture of seized pornography imports to 30 days (from 14 days).
Authorizes the Secretary of the Treasury to pay out of the Customs User Fee Account all salaries and expenses of the United States Customs Service that are incurred in conducting commercial operations. Limits the authority to make these payments to the dollar amounts provided in appropriations laws but excludes from this restriction payments for expenses in providing overtime customs inspectional services.
Provides for a fee for the processing of merchandise that is formally entered or withdrawn from warehouse for consumption during any fiscal year beginning after September 30, 1988.
Prohibits the following imports from the Soviet Union produced by convict or forced labor: (1) gold ore; (2) agriculture machinery; (3) tractor generators; (4) tea; (5) crude petroleum; (6) motor fuel; and (7) kerosene. Allows imports of such articles if the President certifies that: (1) such article is not produced with convict labor, forced labor, or indentured labor; and (2) such prohibition directly affects the United States' national security interests.
Provides that in ascertaining tare on imports of crude oil and on imports of petroleum products an allowance will be made for all detectable moisture and impurities.
Amends the Trade Act of 1974 to allow the President to designate for duty free treatment watches entered after June 30, 1989, which the President specifically determines will not cause material injury to watch or watch band, strap, or bracelet manufacturing and assembly operations in the United States or the United States insular possessions.
Amends the Tariff Act of 1930 to require the Secretary of the Treasury to publish guidelines establishing standards for setting the terms and conditions for cancellation of bonds or charges.
Requires containers of imported preserved mushrooms to indicate in English the country in which they were grown.
Amends the Trade and Tariff Act of 1984 to specify that the Pontiac/Oakland Michigan airport will become a reimbursable customs port.
Subtitle C: Administrative Procedures for Noncontroversial Tariff Suspensions - Provides that a petition to suspend duties on an article may be filed with the International Trade Commission (ITC) by any person who: (1) uses such article in the production of a product in the United States; (2) imports such article into the United States; and (3) distributes such article in the United States. Provides that a petition to reinstate duties on an article may be filed with the ITC by any person who produces in the United States: (1) any article for which duties imposed by Federal law are suspended by action of the President; (2) any other like article; or (3) any other article which is like, or directly competitive with a product that is produced in the United States by means of a process which uses such article as a significant raw material or component.
Requires the ITC, if it determines the petition contains sufficient information to justify an investigation, to: (1) transmit a copy of the petition to the USTR (2) initiate an investigation of the suspension or reinstatement of duties requested; and (3) publish in the Federal Register notice of the initiation of such investigation and the opportunity for public comment. Allows the President or the ITC to initiate an investigation of the reinstatement of any duties.
Requires the ITC, if it determines the petition cotains sufficient information to justify an investigation, to determine: (1) whether the article that is the subject of the petition is produced in the United States; (2) whether any other article which is like, or directly competitive with, such article is produced in the United States; (3) whether any other article is produced in the United States which is like, or directly competitive with, a product that is produced in the United States by means of a process which uses (or could use) such article as a significant raw material or component; (4) whether any person has the capacity and the bona fide intent to produce such article in the United States in significant quantities; (5) whether any person who produces in the United States such article, any other like article or any other article or has the capacity and bona fide intent to produce such article would be (or is being) adversely affected by a suspension of the duties; (6) whether any person described in (4) or any person who produces in the United States such article, any other like article or any other article is produced in the United States which is like, or directly competitive with, a product that is produced in the United by means of a process which uses (or could use) such article as a significant raw material or component; (7) whether any quotas or other import restrictions are imposed by Federal law on such article; (8) whether any international agreements to which the United States is a party affect trade in such article; (9) whether such article is or has been the subject of any investigation under certain provisions of the Tariff Act of 1930, the Trade Act of 1974, or the Trade Expansion Act of 1962; (10) the aggregate value of such articles imported into the United States during the calendar year preceding the calendar year in which such determination is made; (11) the aggregate value of such articles consumed in the United States during the calendar year preceding the calendar year in which such determination is made; (12) the principal uses of such article in the United States; (13) the duties that are imposed by Federal law on such articles; and (14) the aggregate amount of Federal revenue derived from the duties imposed by Federal law on such article during the fiscal year preceding the fiscal year in which such determination is made.
Requires the ITC, during the course of any investigation, to provide an opportunity for any person to submit written statements and, upon request and after reasonable public notice, to hold a hearing for the oral presentation of views.
Requires the ITC, within 75 days after an investigation is initiated, to: (1) complete a preliminary report; (2) publish a summary of the preliminary report in the Federal Register; (3) provide a copy of the preliminary report to the petitioner; and (4) make the preliminary report available for public inspection. Requires the ITC to submit a final report on the investigation to the President within 30 days after a summary of the preliminary report is published in the Federal Register.
Authorizes the President to suspend all duties imposed by Federal law on such article if certain determinations are made.
Authorizes the President, in determining whether to issue a proclamation, to consider: (1) the effect of a proclamation on the United States' bargaining position in negotiations with any foreign country; (2) foreign policy considerations; and (3) other appropriate factors.
Requires the President, if he does not issue a proclamation with respect to any article that is the subject of a report, to publish in the Federal Register the reasons why he has declined to do so.
Limits to three years the suspension of duties resulting from a proclamation issued by the President. Allows extensions limited to three years per proclamation.
Requires the President, within 30 days after the ITC submits a final report on reinstatement of duties on an article that have been suspended by a proclamation, to: (1) determine if any person who produces in the United States such article, any like article, or any article that is directly competitive with a product that is produced in the United States by means of a process which uses such article as a significant raw material or component, is being adversely affected by such suspension; and (2) issue a proclamation, if the determination is affirmative, that reinstates the duties in effect before the suspension. Requires the President to publish any negative determination in the Federal Register. Provides that any determination made by the President is not reviewable in any court.
Authorizes the President to establish an annual deadline for filing petitions and a schedule for taking other actions.
Subtitle D: Miscellaneous - Amends the Trade and Tariff Act of 1984 to require the USTR to request the inclusion of restraints on welded steel wire fence panels, wire fabric, and welded steel wire mesh for concrete reinforcement in the coverage of each bilateral agreement. Provides that if any country refuses to so expand the coverage of its bilateral arrangement that: (1) neither the President nor any other officer of the United States shall have the authority to agree to any request from such foreign country for any technical adjustment, exception, or modification to the bilateral agreement; and (2) the President, if appropriate, shall require entry-by-entry certification of compliance with the bilateral arrangement.
Amends the Tariff Schedules of the United States to lower the duty on: (1) the first 3,000 metric tons of anchovies entered in any calendar year; (2) cheeses made from sheep's milk and pecorino in original loaves; and (3) satsuma oranges.
Imposes a duty on certain types of olives and lowers the duty on the first 730 metric tons of olives entered in a calendar year. Reduces the duty on certain types of stuffed olives and on the first 550 metric tons of olives otherwise prepared or preserved entered in any calendar year.
Reduces the duty on capers, paprika, cider, and olive oil, and imposes a duty equivalent to the amount of the European Communities export refund on pasta exported to the United States for certain types of pastas. Provides that these duties will begin on July 15, 1987, and end when the USTR certifies that the United States and the European Communities have concluded an agreement that eliminates or offsets the export refunds of the European Communities on pasta.
Requires the President to increase the import limitation on European community cheeses.
Expresses the sense of Congress of strongly supporting efforts of United States negotiators to expand significantly the opportunities for United States automotive parts producers to supply parts for Japanese automobiles.
Requires the USTR and the Secretary of Commerce to report to the Congress at the conclusion of the market-oriented sector specific negotiations ("MOSS") on the outcome of the negotiations and on any agreements reached with Japan.
Expresses the sense of Congress that the corporate, legal, labor, and academic communities should pursue establishment of an independent organization to provide pro bono legal assistance to small businesses in cases involving foreign unfair trade practices and that this organization should: (1) develop an outreach program to inform small businesses of remedies available under United States trade laws; and (2) provide pro bono legal assistance to small businesses.
Repeals the Educational, Scientific, and Cultural Materials Importation Act of 1982.
Amends the Tariff Schedules of the United States to exempt from duty the following items: (1) catalogs of films, recordings, or other visual and auditory material of an educational, scientific, or cultural character; (2) architectural, engineering, industrial, or commercial drawings and plans, whether originals or reproductions; (3) loose illustrations, reproduction proofs or reproduction films used for the production of books; (4) microfilm, microfiches and similar film media of printed matter issued by literary or scientific institutions, books with the exception of Bibles and prayer books, newspapers, periodicals, tourist and other literature containing georgraphic, historical, hotel, or similar information, and manuscripts; (5) puzzles, game, sport, gymnastic, athletic or playground equipment; (6) microfilm, microfiches, or similar film media of crossword puzzle books and toy books; and (7) microfilm, microfiches, or similar film media of official Government publications and documents.
Provides that no article of developed photographic film may be exempted from duty unless: (1) a Federal agency designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character; or (2) such article is imported by or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency designated by the President and is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations.
Provides that if the President determines that there is or may be profitmaking exhibition or use of developed photographic film which intereferes significantly with domestic production of similar articles he may prescribe regulations imposing restrictions on the entry of that item to insure its use only for nonprofitmaking activities.
Provides that the exemption from duty for holograms for laser projection, motion-picture films, sound records and patterns and wall charts will apply only if such items are: (1) imported by, or certified by the importer to be for the use of, educational, scientific, or cultural institutions certified by a Federal agency; and (2) certified by the importer to be of an educational, scientific, or cultural character or to have been produced by the United Nations.
Amends the Tariff Schedules of the Untied States to exempt from duty: (1) holograms for laser projection; (2) motion picture film; (3) sound recordings; (4) patterns and wall charts; (5) tools specially designed to be used for the maintenance, checking, gauging or repair of scientific instruments; and (6) articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped person.
Removes toy models from the exemption from duty.
Authorizes the President to restrict the duty-free treatment accorded to tools for scientific instruments or apparatus or articles for the blind and for other handicapped persons if the duty-free treatment has significant adverse impact on a domestic industry manufacturing or producing a like or directly competitive article and the effect of such change is consistent with the provisions of the relevant annexes of the Florence Agreement or the Nairobi Protocol.
Provides that if the President proclaims changes to the Tariff Schedules of the United States to limit duty-free treatments the rate of duty thereafter applicable shall be ther rate determined by the President as the rate which would then be applicable to such article from such source if the duty-free treatment had not been enacted.
Allows the President to resume duty-free treatment if he determines it could be restored without significant adverse impact on a domestic industry or portion thereof. Requires the President, before limiting or resuming duty-free treatment, to afford an opportunity for interested Government agencies and private persons to present their views concerning the proposed action.
Authorizes the President to remove or modify any condition or restriction imposed for visual or auditory material to implement the Nairobi Protocol.
Requires the Secretary of the Treasury and the Secretary of Commerce to obtain statistical information with respect to printed matter.
Limits the aggregate quantity of lamb articles entered in any calendar year to 24,540,000 pounds, providing this quantity shall be adjusted the same percentage that the estimated average annual domestic commercial production of lamb articles in that calendar year and the two preceding calendar years bears to a specified earlier period.
Sets forth limitations on lamb imports.
Allows the Secretary to allocate the total quantity of limitations and any increase in lamb articles entered among supplying countries on the basis of the shares of the United States market for lamb articles such countries supplied during a representative period. Makes all determinations by the President and the Secretary of the Treasury final.
Title X: Agriculture - Expresses the findings of the Congress regarding: (1) the decline in U.S. agricultural exports; (2) the resulting loss of jobs and economic threat to family farms and rural areas; and (3) the need for increased used of agricultural export programs, including food aid programs, and programs to strengthen the purchasing and distribution capacties of importing nations.
States that it is the policy of the United States to: (1) increase U.S. agricutlural exports; (2) support programs to make U.S. exports more competitive, including the agricultural export enhancement program; (3) regain traditional market shares by providing credit and direct assistance on a market-by-market basis; and (4) challenge barriers to agricutlural trade that are illegal or inconsistent with the General Agreement on Tariffs and Trade (GATT). Authorizes the Secretary of Agriculture (Secretary) to make Commodity Credit Corporation (CCC) commodities available to cooperator organizations for market expansion projects.
Sets minimum personnel levels for the Department of Agriculture's Foreign Agricultural Services (FAS) at 850 full-time employees for each of FY 1988 through 1990. Expresses the sense of the Congress that such personnel level should permit greater market development activities.
Provides that an attache of the FAS who is reassigned to the United States shall be assigned to a regional office of the Department of Agriculture to counsel agricultural producers on means of increasing exports and agricultural market development activities.
Authorizes the Secretary to contract for agricultural export-related services to be performed outside the United States. States that such persons shall not be considered U.s. employees.
Establishes within the FAS an Office of International Market Development and Export Promotion. Limits to not less than 50 percent of an increase in appropriated funds for the FAS for FY 1987 to be used to create new markets for U.S. agricultural products in developing countries.
Authorizes appropriations for FY 1987 for the FAS. Requires such funds to be used to increase the number, and upgrade the quality, of FAS trade shows and exhibitions.
Authorizes appropriations for FY 1987 for FAS: (1) program management and support activities; and (2) market promotion and trade development activities.
Authorizes the Administrator of the FAS to use a portion of funds appropriated for FY 1987 for: (1) the development of markets for high value-added products; and (2) the improvement of the quality of agricultural products exported abroad.
Establishes within the Department of Agriculture an Export Market Development Advisory Committee.