514 (D) TRANSFER FOR JUDICIAL REVIEW UPON SETTLEMENT. (i) If the Trade Representative achieves a settlement with the government of a country described in subsection (f)(10)(A) or (B) of this section pursuant to paragraph 7 of article 1905 of the NAFTA, and referral for judicial review is among the terms of such settlement, any final determination that is the subject of a binational panel review or an extraordinary challenge committee review shall, upon a request described in clause (ii), be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a) of this section. (ii) A request referred to in clause (i) is a request made by (I) the country referred to in clause (i), (II) an interested party that was a party to the panel or committee review, or (III) an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time for filing notices of appearance in the panel review has not expired. Section 129 of the Uruguay Round Agreements Act SEC. 129. ADMINISTRATIVE ACTION FOLLOWING WTO PANEL RE PORTS. (a) ACTION BY UNITED STATES INTERNATIONAL TRADE COMMIS SION. (1) ADVISORY REPORT.-If a dispute settlement panel finds in an interim report under Article 15 of the Dispute Settlement Understanding, or the Appellate Body finds in a report under Article 17 of that Understanding, that an action by the International Trade Commission in connection with a particular proceeding is not in conformity with the obligations of the United States under the Antidumping Agreement, the Safeguards Agreement, or the Agreement on Subsidies and Countervailing Measures, the Trade Representative may request the Commission to issue an advisory report on whether title VII of the Tariff Act of 1930 or title II of the Trade Act of 1974, as the case may be, permits the Commission to take steps in connection with the particular proceeding that would render its action not inconsistent with the findings of the panel or the Appellate Body concerning those obligations. The Trade Representative shall notify the congressional committees of such request. (2) TIME LIMITS FOR REPORT.-The Commission shall transmit its report under paragraph (1) to the Trade Representa tive (A) in the case of an interim report described in paragraph (1), within 30 calendar days after the Trade Representative requests the report; and (B) in the case of a report of the Appellate Body, within 21 calendar days after the Trade Representative requests the report. (3) CONSULTATIONS ON REQUEST FOR COMMISSION DETERMINATION.—If a majority of the Commissioners issues an affirmative report under paragraph (1), the Trade Representative shall consult with the congressional committees concerning the matter. (4) COMMISSION DETERMINATION.-Notwithstanding any provision of the Tariff Act of 1930 or title II of the Trade Act of 1974, if a majority of the Commissioners issues an affirmative report under paragraph (1), the Commission, upon the written request of the Trade Representative, shall issue a determination in connection with the particular proceeding that would render the Commission's action described in paragraph (1) not inconsistent with the findings of the panel or Appellate Body. The Commission shall issue its determination not later than 120 days after the request from the Trade Representative is made. (5) CONSULTATIONS ON IMPLEMENTATION OF COMMISSION DETERMINATION.-The Trade Representative shall consult with the congressional committees before the Commission's determination under paragraph (4) is implemented. (6) REVOCATION OF ORDER.—If, by virtue of the Commission's determination under paragraph (4), an antidumping or countervailing duty order with respect to some or all of the imports that are subject to the action of the Commission described in paragraph (1) is no longer supported by an affirmative Commission determination under title VII of the Tariff Act of 1930 or this subsection, the Trade Representative may, after consulting with the congressional committees under paragraph (5), direct the administering authority to revoke the antidumping or countervailing duty order in whole or in part. (7) MODIFICATION OF ACTION UNDER TITLE II OF TRADE ACT OF 1974.-Section 204(b) of the Trade Act of 1974 (19 U.S.C. 2254(b)) is amended by adding at the end the following new paragraph: "(3) Notwithstanding paragraph (1), the President may, after receipt of a Commission determination under section 129(a)(4) of the Uruguay Round Agreements Act and consulting with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, reduce, modify, or terminate action taken under section 203.". (b) ACTION BY ADMINISTERING AUTHORITY.— (1) CONSULTATIONS WITH ADMINISTERING AUTHORITY AND CONGRESSIONAL COMMITTEES.-Promptly after a report by a dispute settlement panel or the Appellate body is issued that contains findings that an action by the administering authority in a proceeding under title VII of the Tariff Act of 1930 is not in conformity with the obligations of the United States under the Antidumping Agreement or the Agreement on Subsidies and Countervailing Measures, the Trade Representative shall consult with the administering authority and the congressional committees on the matter. (2) DETERMINATION BY ADMINISTERING AUTHORITY.-Notwithstanding any provision of the Tariff Act of 1930, the administering authority shall, within 180 days after receipt of a written request from the Trade Representative, issue a determination in connection with the particular proceeding that would render the administering authority's action described in paragraph (1) not inconsistent with the findings of the panel or the Appellate Body. (3) CONSULTATIONS BEFORE IMPLEMENTATION.-Before the administering authority implements any determination under paragraph (2), the Trade Representative shall consult with the administering authority and the congressional committees with respect to such determination. (4) IMPLEMENTATION OF DETERMINATION.-The Trade Representative may, after consulting with the administering authority and the congressional committees under paragraph (3), direct the administering authority to implement, in whole or in part, the determination made under paragraph (2). (c) EFFECTS OF DETERMINATIONS; NOTICE OF IMPLEMENTATION.— (1) EFFECTS OF DETERMINATIONS.-Determinations concerning title VII of the Tariff Act of 1930 that are implemented under this section shall apply with respect to unliquidated entries of the subject merchandise (as defined in section 771 of that Act) that are entered, or withdrawn from warehouse, for consumption on or after (A) in the case of a determination by the Commission under subsection (a)(4), the date on which the Trade Representative directs the administering authority under subsection (a)(6) to revoke an order pursuant to that determination, and (B) in the case of a determination by the administering authority under subsection (b)(2), the date on which the Trade Representative directs the administering authority under subsection (b)(4) to implement that determination. (2) NOTICE OF IMPLEMENTATION. (A) The administering authority shall publish in the Federal Register notice of the implementation of any determination made under this section with respect to title VII of the Tariff Act of 1930. (B) The Trade Representative shall publish in the Federal Register notice of the implementation of any determination made under this section with respect to title II of the Trade Act of 1974. (d) OPPORTUNITY FOR COMMENT BY INTERESTED PARTIES.-Prior to issuing a determination under this section, the administering authority or the Commission, as the case may be, shall provide interested parties with an opportunity to submit written comments and, in appropriate cases, may hold a hearing, with respect to the determination. 6. Third-Country Dumping Section 1317 of the Omnibus Trade and Competitiveness Act of 1988 [19 U.S.C. 1677k; P.L. 100-418 and P.L. 103-465) SEC. 1317. THIRD-COUNTRY DUMPING. (a) DEFINITIONS.-For purposes of this section: (1)(A) The term "Agreement" means the agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures). (B) The term "GATT 1994" has the meaning given that term in section 2(1)(B) of the Uruguay Round Agreements Act. (2) The term "Agreement country" means a foreign country that has accepted the Agreement. (3) The term "Trade Representative" means the United States Trade Representative. (b) PETITION BY DOMESTIC INDUSTRY.— (1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign. country (whether or not an Agreement country) may, if it has reason to believe that— (A) such merchandise is being dumped in an Agreement country; and (B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping; submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry. (2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition. (c) APPLICATION FOR ANTIDUMPING ACTION ON BEHALF OF THE DOMESTIC INDUSTRY.— (1) If the Trade representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping is occurring an application pursuant to article 12 of the Agreement which requests that appropriate antidumping action under the law of that country be taken, on behalf of the United States, with respect to imports into that country of the merchandise concerned. (2) At the request of the Trade Representative, the appropriate officers of the Department of Commerce and the United States International Trade Commission shall assist the Trade Representative in preparing the application under paragraph (1). (d) CONSULTATION AFTER SUBMISSION OF APPLICATION.-After submitting an application under subsection (c)(1), the Trade Representative shall seek consultations with the appropriate authority of the Agreement country regarding the request for antidumping action. (e) ACTION UPON REFUSAL OF AGREEMENT COUNTRY TO ACT.—if the appropriate authority of an Agreement country refuses to undertake antidumping measures in response to a request made therefore by the Trade Representative under subsection (c), the Trade Representative shall promptly consult with the domestic industry on whether action under any other law of the United States is appropriate. 7. Antidumping Petitions by Third Countries Section 783 of the Tariff Act of 1930, as amended [19 U.S.C. 1677n; P.L. 103-465, as amended by P.L. 104-295] SEC. 783. ANTIDUMPING PETITIONS BY THIRD COUNTRIES. (a) FILING OF PETITION.-The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if (1) imports from another country are being sold in the United States at less than fair value, and (2) an industry in the petitioning country is materially injured by reason of those imports. (b) INITIATION.-The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a). (c) DETERMINATIONS.-Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to according to substantive and pro cedural requirements specified by the Trade Representative, notwithstanding any other provision of this title: (1) The administering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value. (2) The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States. (d) PUBLIC COMMENT.-An opportunity for public comment shall be provided, as appropriate (1) by the Trade Representative, in making the determination required by subsection (b), and (2) by the administering authority and the Commission, in making the determination required by subsection (c). (e) ISSUANCE OF ORDER.-If the administering authority makes an affirmative determination under paragraph (1) of subsection (c), and the Commission makes an affirmative determination under paragraph (2) of subsection (c), the administering authority shall issue an antidumping duty order in accordance with section 736 and take such other actions as are required by section 736. (f) REVIEWS OF DETERMINATIONS.-For purposes of review under section 516A or review under section 751, if an order is issued under subsection (c), the final determinations of the administering |