H.R.4444 - To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and to establish a framework for relations between the United States and the People's Republic of China. 106th Congress (1999-2000)
Summary: H.R.4444 — 106th Congress (1999-2000)
Division A: Normal Trade Relations for the People's Republic of China - Title I: Normal Trade Relations - Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the People's Republic of China, provided, prior to such determination, the President certifies to Congress that the terms and conditions for China's accession to the World Trade Organization (WTO) are at least equivalent to those agreed between the United States and China on November 15, 1999.
Passed House amended (05/24/2000)
(Sec. 103) Amends the Trade Act of 1974 to direct the President to increase duties and impose other import restrictions on products of China that are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the U.S. producers of a like or directly competitive product.
Directs the International Trade Commission (ITC), upon the filing of a petition by an entity requesting relief from injury caused by import competition, upon the request of the President or the United States Trade Representative (USTR), upon resolution of specified congressional committees, or on its own motion, to promptly initiate an investigation to determine whether the products of China are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the U.S. producers of like or directly competitive products. Subjects such investigations to certain requirements of the Trade Act of 1974 regarding limitations on investigations of injuries from import competition and procedures concerning the release of confidential business information.
Declares a market disruption to exist whenever imports of an article like or directly competitive with an article produced by a domestic industry are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.
Directs the ITC, if it makes an affirmative determination that market disruption exists, to propose the amount of increase in, or imposition of, any duty or other import restrictions necessary to prevent or remedy the market disruption. Requires the ITC to report to the President and the USTR with respect to its determination, including any recommendations. Requires the USTR to provide notice and the opportunity for public comment with respect to any proposed measure of the ITC.
Directs the ITC to take certain actions with respect to a petition which alleges that critical circumstances exist and requests relief with respect to a particular product. Requires the ITC in such cases: (1) to determine whether delay in taking action would cause damage to the domestic industry which would be difficult to repair; and (2) if there is an affirmative determination, to make a preliminary determination of whether imports of the product which is the subject of the investigation have caused or threatened to cause market disruption. Requires the President, within ten days after receiving the USTR's recommendation with respect to an affirmative determination, to determine whether to provide provisional relief in the form of: (1) the imposition of or increase in any duty; (2) any modification, or imposition of any quantitative restriction on the importation of an article into the United States; or (3) any combination of such actions.
Authorizes the USTR to enter into agreements with China to take any action necessary to prevent or remedy market disruption. Urges the USTR to seek to conclude such agreements within a specified time period. Directs the President, if it is in the national economic interest of the United States, to impose or increase the duties, or impose other restrictions, on the products of China if no agreement is reached or if the President determines that an agreement is not preventing or remedying the market disruption.
Directs the USTR, in cases where a WTO member (other than the United States) requests consultations with China under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, to inform the U.S. Customs Service, which shall monitor imports into the United States of those Chinese products that are the subject of the consultation request.
Directs the ITC, upon the filing of a petition by an entity requesting relief from injury caused by import competition, upon the request of the President or the USTR, upon resolution of specified congressional committees, or on its own motion, to promptly initiate an investigation to determine whether specified actions by China or a WTO member (other than the United States) has caused or threatens to cause a significant diversion of trade into the domestic market of the United States.
Authorizes the USTR to enter into agreements with China or other WTO members to take any action necessary to prevent or remedy significant trade diversion, or its threat, into the domestic market of the United States. Urges the USTR to conclude such agreements within a specified time period. Requires the President, within 20 days after receiving the USTR's recommendation concerning the trade diversion, to determine what action to take to prevent or remedy such diversion or its threat. Requires the ITC to review the continued need for trade relief taken under this Act if a WTO member notifies the Committee on Safeguards of the WTO of any modification in the action taken by them against China.
Directs the President to provide by regulation for the efficient and fair administration of any restriction imposed under this Act.
Division B: United States-China Relations - Title II: General Provisions - U.S.-China Relations Act of 2000 - Declares it to be the policy of the United States to: (1) develop trade relations that broaden the benefits of trade, and that lead to an increase, rather than a decrease, of labor, environmental, commercial rule of law, market access, anticorruption, and other standards across national borders; (2) pursue effective enforcement of trade-related and other international commitments by foreign governments through enforcement mechanisms of international organizations and through the application of U.S. law; (3) encourage the People's Republic of China to afford its workers internationally recognized worker rights and to protect the human rights of its people; and (4) highlight in the United Nations Human Rights Commission and in other appropriate fora violations of human rights by foreign governments, and seek the support of other governments in urging improvements in human rights practices.
Title III: Congressional-Executive Commission on the People's Republic of China - Establishes a Congressional-Executive Commission on the People's Republic of China which shall: (1) monitor the acts of China which reflect compliance with or violation of certain human rights, in particular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights; (2) compile lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of China due to the pursuit of their human rights; (3) monitor the development of the rule of law in China; (4) monitor and encourage the development of programs and activities of the U.S. Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and China and expanding cooperation in areas that include, but are not limited to, increasing enforcement of human rights and developing the rule of law. Requires the Commission in carrying out its duties to seek out and maintain contacts with nongovernmental organizations and to cooperate with the Special Coordinator for Tibetan Issues in the Department of State. Directs the Commission to report annually to the President and to Congress with respect to its findings (and any recommendations).
(Sec. 303) Sets forth the composition of the Commission.
(Sec. 307) Authorizes appropriations for FY 2001, and each ensuing fiscal year.
Title IV: Monitoring and Enforcement of the People's Republic of China's WTO Commitments - Subtitle A: Review of Membership of the People's Republic of China in the WTO - Declares it shall be the objective of the United States to obtain as part of the Protocol of Accession of the People's Republic of China to the World Trade Organization (WTO), an annual review within the WTO of China's compliance with its terms of accession.
Subtitle B: Authorization to Promote Compliance with Trade Agreements - Authorizes appropriations for FY 2001, and each ensuing fiscal year, for additional resources for specified Federal agencies engaged in monitoring and enforcement of U.S. trade agreements and trade laws with respect to China, including a Trade Law Technical Assistance Center to assist small- and medium-sized businesses, workers, and unions in evaluating potential remedies available under U.S. trade laws with respect to trade involving China.
Subtitle C: Report on Compliance by the People's Republic of China with WTO Obligations - Directs the USTR, not later than one year after China accedes to the WTO, and annually thereafter, to report to Congress on China's compliance with its commitments under the WTO, including both multilateral commitments and any bilateral commitments made to the United States.
Title V: Trade and Rule of Law Issues in the People's Republic of China - Subtitle A: Task Force on Prohibition of Importation of Products of Forced or Prison Labor From the People's Republic of China - Establishes a task force on prohibition of importation of products of forced or prison labor from China. Sets forth the functions of the Task Force, including monitoring and enforcing compliance with the ban on the import into the United States of products produced in China by convict labor, forced labor, or indentured labor.
(Sec. 503) Sets forth the composition of the Task Force.
(Sec. 504) Authorizes appropriations.
(Sec. 505) Requires the Task Force to report annually to Congress on its work.
Subtitle B: Assistance to Develop Commercial and Labor Rule of Law - Directs the Secretary of Commerce to establish in China a program to conduct rule of law training and technical assistance related to: (1) commercial activities; (2) protection of internationally recognized worker rights; and (3) development of the legal system and civil society.
(Sec. 514) Authorizes appropriations (with a bar to the use of appropriated funds to the Government of China if evidence exists it has been responsible for human rights violations).
Title VI: Accession of Taiwan to the WTO - Expresses the sense of Congress that: (1) upon approval of the accession of China to the WTO, the US representative to the WTO should request that the WTO General Council consider Taiwan's accession to the WTO as its next order of business; and (2) the United States should be prepared to counter any effort by any WTO member country, upon China's accession, to block Taiwan's accession.
Title VII: Related Issues - Authorizes appropriations for FY 2001 and 2002 for the Department of State and related agencies and the Broadcasting Board of Governors for certain broadcasting capital improvements and international broadcasting operations with respect to China.