bers applied to such articles in the Tariff Schedules of the United States, Annotated, as published by the United States Tariff Commission. Groupings shall not be made that will adversely affect the assembly or production of any item or component in the United States.

(2) The term "entered" means entered, or withdrawn from warehouse, for consumption in the customs territory of the United States.

(3) The term "produced" means manufactured or produced.

(4) The term "foreign country" includes a foreign instrumentality.

TITLE IV—AMENDMENTS TO THE ANTIDUMPING AND COUNTERVAILING DUTY ACTS Sec. 401. Amendments to the Antidumping Act

The Antidumping Act of 1921 is hereby amended to read as follows: "Sec. 201. (a) Whenever a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value and an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, there shall be levied, collected, and paid on such merchandise, in addition to any other duties imposed thereon by law, a special dumping duty in an amount equal to the difference between the purchase price or the exporter's sales price and the foreign market value (or, in the absence of such value, the constructed value).

"(b) The United States Foreign Trade Board (hereinafter called the Board) is hereby authorized to investigate complaint (s) filed with it on behalf of any industry by a firm or group of workers, to make such investigation as it deems necessary, and to issue orders to effectuate the provisions of this Act. Board proceedings and actions under this Act shall be completed within four months of the filing of a complaint, and shall be in accordance with the provisions of subchapter II of chapter 5 of title 5 of the United States Code. Any final order entered in any such proceeding shall be made on the record after opportunity for a Board hearing and shall be subject to judicial review in the manner prescribed in chapter 158 of title 28 of the United States Code and to the provisions of chapter 7 of title 5 of the United States Code.

"(c) Whenever the Board has reason to believe or suspect from information presented to it, that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value or, in the absence of such value, than the constructed value, it shall forthwith publish notice of that fact in the Federal Register and shall direct the withholding of appraisement reports as to such merchandise entered, or withdrawn from warehouse, for consumption, not more than one hundred and twenty days before the question of dumping has been raised by or presented to it, until the further order of the Board, or until the Board has completed its investigation in regard to such merchandise.

"Sec. 202. (a) Upon information of the issuance of an order by the Board providing for the imposition of a special dumping duty, the Secretary of the Treas ury (hereinafter referred to as the "Secretary") shall, through the proper officers, impose the special dumping duty on all imported merchandise, whether dutiable or free of duty, of a class or kind presrcibed in the Board's order, entered, or withdrawn from warehouse, for consumption, not more than one hundred and twenty days before the question of dumping was raised by or presented to the Board, and as to which no appraisement report has been made before such order has been made." (Plus conforming changes in subsequent sections.) Sec. 402. Amendments to the countervailing duty law

The countervailing duty law (section 303 of the Tariff Act of 1930, 19 U.S.C. 1303) is amended to read as follows:

"Sec. 303. Countervailing duties

"Whenever any country, dependency, colony, province, or other political subdivision of government, person, partnership, association, cartel, or corporation shall pay or bestow, directly or indirectly, any bounty or grant upon the manufacture or production or export of any article or merchandise manufactured or produced in such country, dependency, colony, province, or other political subdivision of government, and such article or mechandise is duiable under the provisions of this Act, then upon the importation of any such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or mer

chandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to the duties otherwise imposed by this Act, an additional duty equal to the net amount of such bounty or grant, however the same be paid or bestowed. The United States Foreign Trade Board is hereby authorized to investigate complaint (s) filed under this section or upon its initiative and to issue orders to effectuate the provisions of this section. Such orders shall be made on the record after opportunity for a hearing. Upon information of the issuance of an order by the Foreign Trade Board, the Secretary of the Treasury shall, through the proper officers, impose the additional duty prescribed therein. Foreign Trade Board proceedings and actions under this section shall be completed within four months of the filing of a complaint, and shall be in accordance with the provisions of subchapter II of chapter 5 of title 5 of the United States Code, and any final order entered in any such proceeding shall be subject to judicial review in the manner prescribed in chapter 158 of title 28 of the United States Code."

TITLE V-AMENDMENTS TO THE TRADE EXPANSION ACT OF 1962-ADJUSTMENT

ASSISTANCE

Sec. 501. Petitions and determinations

Section 301 of the Trade Expansion Act of 1962 (19 U.S.C. 1901) is amended to read as follows:

"§ 301. Petitions and determinations

"(a) (1) A petition for tariff adjustment under section 351 of this title may be filed with the United States Foreign Trade Board (hereafter referred to in this section as the 'Board') by a trade association, firm, certified or recognized union, or other representative of an industry.

"(2) A petition for a determination of eligibility to apply for adjustment assistance under chapter 2 may be filed with the Board by a firm or its representative, and a petition for a determination of eligibility to apply for adjustment assistance under chapter 3 may be filed with the Board by a group of workers or by their certified or recognized union or other duly authorized representatives.

"(3) Whenever a petition is filed under this subsection, the Board shall transmit a copy thereof to the Secretary of Commerce.

"(b) (1) Upon a request of the President, upon resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, upon its own motion, or upon the filing of a petition by the petitioner under subsection (a)(1) of this section the Board shall promptly make an investigation to determine whether an article is being imported into the United States in such increased quantities, either actual or relative, as to contribute substantially (whether or not such increased imports are the major factor or the primary factor) toward causing or threatening to cause serious injury to the domestic industry producing an article which is like or directly competitive with the imported article.

For purposes of this paragraph, the term 'industry' means the aggregate of those firms or appropriate subdivisions thereof which produce a product or component threatened by imports. Where the product or component is produced in a distinct part or section of an establishment, whether or not the firm has one or more establishments, such part or section shall be considered an appropriate subdivision.

"(2) In making its determination under paragraph (1), the Board shall take into account all economic factors which it considers relevant, including idling of productive facilities, inability to operate at a level of reasonable profit, unemployment or underemployment, loss of fringe benefits, and decreased or stagnant wages.

"(3) No investigation for the purpose of paragraph (1) shall be made, upon petition filed under subsection (a)(1) of this section, with respect to the same subject matter as a previous investigation under paragraph (1), unless one year has elapsed since the Board made its report to the President of the results of such previous investigation.

"(c) (1) In the case of a petition by a firm for a determination of eligibility to apply for adjustment assistance under chapter 2, the Board shall promptly make an investigation to determine whether an article like or directly competitive with an article produced by the firm is being imported into the United States in

such increased quantities either actual or relative as to contribute substantially (whether or not such increased imports are the major factor or the primary factor) toward causing or threatening to cause, serious injury to such firm. In making its determination under this paragraph, the Board shall take into account all economic factors which it considers relevant, including idling of productive facilities of the firm, inability of the firm to operate at a level of reasonable profit, unemployment or underemployment in the firm, loss of fringe benefits, and decreased or stagnant wages.

"(2) In the case of a petition by a group of workers for a determination of eligibility to apply for adjustment assistance under chapter 3, the Board shall promptly make an investigation to determine whether an article like or directly competitive with an article produced by such workers' firm, or an appropriate subdivision thereof, is being imported into the United States in such increased quantities (either actual or relative) as to contribute substantially (whether or not such increased imports are the major factor or the primary factor) toward causing or threatening to cause, unemployment or underemployment of a significant number or proportion of the workers of such firm or subdivision.

"(d) (1) In the course of any investigation under subsection (b) (1) of this section, the Board shall, after reasonable notice, hold public hearings and shall afford interested parties opportunity to be present, to produce evidence and to be heard at such hearings.

"(2) Subject to subsection (g) of this section, in the course of any investigation under subsection (c) (1) or (c) (2) of this section, the Board shall, after reasonable notice, hold public hearings if requested by the petitioner, or if, within 10 days after notice of the filing of the petition, a hearing is requested by any other party showing a proper interest in the subject matter of the investigation, and shall afford interested parties an opportunity to be present, to produce evidence, and to be heard at such hearings.

"(e) Should the Board find with respect to any article, as the result of its investigation, the serious injury or threat thereof described in subsection (b) of this section, it shall find the amount of increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such injury.

"(f) When the Board makes a determination that the imposition of a duty or the increase of a duty is necessary, it shall have the authority to establish the duty which it determines is necessary to fulfill the purposes of this Act. The criteria it shall consider, but not be limited to, should include maintaining a level of production which conforms to defense needs, and which does not adversely affect other domestic industry or consumers. It should take into consideration levels of employment, the degree of labor intensity involved in production of the article, degree of skill of the affected employees, age of the affected employees, in addition to the profit structure of the industry.

"(g) An Import-Export Reserve Fund shall be established by the Board, to receive that portion of the profits of a tariff-protected industry which the Board determines is above an appropriate rate of return. The Import-Export Reserve Fund shall be used to retrain and relocate employees of industries which the Board determines are not capable of attaining viability within the criteria the Board establishes as its formula for determining the actions it should take concerning jeopardized industries. Industries which are determined to be without viability potential may receive financial assistance from the Import-Export Reserve Fund so that they may phase out through disinvestment without loss. "(h) The Board shall consider the feasibility of establishing a formula which would provide that profits of export industries, which are in excess of the profits during a base period, be placed in the Import-Export Reserve Fund. The Board shall consider, but not be limited to, whether a formula would serve to increase jobs through training and relocation, and report its findings to the Congress annually.

"(i) (1) The Board shall report to the President the results of each investigation under this section and include in each report any dissenting or separate views. The Board shall furnish to the President a transcript of the hearings and anv briefs which may have been submitted in connection with each investigation. "(2) The report of the Board of its determination under subsection (b) of this section shall be made at the earliest practicable time, but not later than 6 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Board shall promptly make public

such report, and shall cause a summary thereof to be published in the Federal Register.

"(3) The report of the Board of its determination under subsection (c) (1) or (c) (2) of this section with respect to any firm or group of workers shall be made at the earliest practicable time, but not later than 60 days after the date on which the petition is filed.

"(j) Board proceedings under this title shall be in accordance with the provisions of subchapter II of chapter 5 of title 5 of the United States Code. Any final order entered in such proceeding shall be made on the record after opportunity for a Board hearing and shall be subject to judicial review in the manner prescribed in chapter 158 of title 28 of the United States Code and to the provisions of chapter 7 of title 5 of the United States Code."

Sec. 502. Conforming amendments.

Sections 242, 302, 351, and 352 of the Trade Expansion Act of 1962 are each amended by striking out "Tariff Commission" each place it appears therein and inserting in lieu thereof "United States Foreign Trade Board".

TITLE VI-FOREIGN INVESTMENT AND TECHNOLOGY EXPORT CONTROLS

Sec. 601. (a) The President is hereby authorized to prohibit any person within the jurisdiction of the United States from engaging in any transaction involving a direct or indirect transfer of capital to or within any foreign country or to any national thereof when in the judgment of the President the transfer would result in a net decrease in employment in the United States. The President is hereby authorized to issue regulations to effectuate this section.

(b) Any person who violates a valid regulation issued under authority of subsection (a) shall be liable to a fine of not more than $100,000 and imprisonment for not more than one year for each violation.

Sec. 602. (a) The President is hereby authorized to prohibit any holder of a United States patent from manufacturing the patented product or using the patented process, or from licensing others to manufacture the patented product or using the patented process, outside the territory of the United States when in the judgment of the President such prohibition will contribute to increased employment in the United States. The President is hereby authorized to issue regulations to effectuate this section.

(b) The patent of any patentee who violates any regulation validly issued hereunder shall be unenforceable in the courts of the United States.

TITLE VII-OTHER FOREIGN TRADE PROVISIONS

Sec. 701. Reports by the Export-Import Bank of Washington and other agencies (a) Section 635g of title 12 of the United States Code is hereby amended to read as follows:

"The Export-Import Bank of Washington shall transmit to the Congress semiannually a complete and detailed report of its operations. The report shall be as of the close of business on June 30 and December 31 of each year. The report shall include detailed information from which a judgment can be made of the effects Bank operations are having on United States exports, imports, and employment." (b) Section 2394 (a) of title 22 of the United States Code is hereby amended to read as follows:

"(a) The President shall, while funds made available for the purposes of this chapter remain available for obligation, transmit to the Congress after the close of each fiscal year a report concerning operations in that fiscal year under this chapter. Each such report shall include information on the operation of the investment guaranty program and on progress under the freedom of navigation and nondiscrimination declaration contained in section 2151 of this title. Each such report shall also contain a detailed review of the extent to which projects financed under any foreign assistance program are exporting their output to the United States, and the extent to which section 2370 (d) of title 22 has been complied with."

(c) A new subsection C is added to section 2 of title 29 of the United States Code as follows:

"2c. The Bureau of Labor Statistics shall collect, collate, and report at least once each year, or, more often if necessary, full and complete statistics on the conditions of workers employed by the United States Government and United States Corporations outside the territorial limits of the United States and the products and distribution of the products of the same. For purposes of this sub

section a worker shall be deemed to be employed by a United States corporation if the business organization employing him is more than 10 per centum beneficially owned or controlled by United States Corporations."

SEC. 702. (a) No producer, manufacturer or dealer shall ship or deliver for shipment in commerce any goods containing foreign-made components unless such goods are clearly marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article or container will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country or countries of origin of the foreign-made components.

(b) No producer, manufacturer, or dealer shall advertise for sale in Commerce any goods containing foreign-made components unless such advertising clearly indicates to an ultimate purchaser in the United States the English name of the country or countries of origin of the foreign-made components.

(c) The Secretary of Labor is hereby authorized to issue such regulations as he deems necessary to effectuate this section.

(d) Whoever willfully violates this section shall be fined not more than $10,000 for each violation.

Sec. 703. (a) Schedule 8, part 1, subpart B of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended

(1) by striking out item 807.00;

(2) by striking out item 806.30;

(3) by striking out headnote 3; and

(4) by redesignating headnote 4 as headnote 3.

(b) The amendments made by subsection (a) shall apply with respect to articles entered or withdrawn from warehouse, for consumption after the ninetieth day after the date of the enactment of this Act.

Sec. 704. Section 481 (a) of the Tariff Act of 1930 (19 U.S.C. 1481 (a)) is amended

(1) by redesignating paragraph (10) thereof as paragraph (11);

(2) by striking out "and" at the end of paragraph (9); and

(3) by inserting immediately after such paragraph (9) the following new paragraph:

"(10) Such information as to product description as is required to be made a part of the entry by provisions of the Tariff Schedules of the United States Annotated issued pursuant to section 484 (e) of this Act; and."

Mr. ULLMAN. Mr. Straw, we appreciate your bringing us Mr. Beirne's testimony on behalf of the Communication Workers. Are there questions?

Mr. Schneebeli?

Mr. SCHNEEBELI. Mr. Straw, you have taken a thoughtful and scholarly approach. I congratulate you for that. You say that "many of the proposed controls contained in the administration's foreign trade bill correspond with the proposals we have made," and then you take exception in some instances. But your general support is more for the thrust of the administration bill than for the direction of the BurkeHartke bill, I gather.

Mr. STRAW. Yes. We support provisions of the Burke-Hartke bill especially those related to the taxes. We do not support their exportimport policy.

Mr. SCHNEEBELI. But with certain exceptions, you go the way of the administration proposal.

Mr. STRAW. Yes, I think we would support the concepts embodied in the administration proposal.

Mr. SCHNEEBELI. I believe the tax proposals should not be included in the trade bill but should be considered separately.

Mr. STRAW. I think it is all part of the same thing. Even though some economists and some people do separate the two, we do not feel that we should be subsidizing these organizations to export their capital to foreign markets. If they are to govern there should go under normal competitive conditions.