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Calendar No. 163
105th CONGRESS
1st Session
S. 747
[Report No. 105-82]
To amend trade laws and related provisions to clarify the designation
of normal trade relations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 1997
Mr. Roth (for himself, Mr. Moynihan, Mr. Chafee, Mr. Graham, Mr. Hatch,
Ms. Moseley-Braun, Mr. Grassley, Mr. Baucus, Mr. Gramm, Mr. Conrad, Mr.
Nickles, Mr. Breaux, Mr. Jeffords, Mr. Bryan, Mr. Rockefeller, Mr.
Kerrey, Mr. Murkowski, Mr. D'Amato, Mr. Lott, Mrs. Feinstein, Mr.
Hagel, Mr. Lugar, Mr. Roberts, and Mr. Allard) introduced the following
bill; which was read twice and referred to the Committee on Finance
September 15, 1997
Reported by Mr. Roth, without amendment
_______________________________________________________________________
A BILL
To amend trade laws and related provisions to clarify the designation
of normal trade relations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND POLICY.
(a) Findings.--The Congress makes the following findings:
(1) Since the 18th century, the principle of
nondiscrimination among countries with which the United States
has trade relations, commonly referred to as ``most-favored-
nation'' treatment, has been a cornerstone of United States
trade policy.
(2) Although the principle remains firmly in place as a
fundamental concept in United States trade relations, the term
``most-favored-nation'' is a misnomer which has led to public
misunderstanding.
(3) It is neither the purpose nor the effect of the most-
favored-nation principle to treat any country as ``most
favored''. To the contrary, the principle reflects the
intention to confer on a country the same trade benefits that
are conferred on any other country, that is, the intention not
to discriminate among trading partners.
(4) The term ``normal trade relations'' is a more accurate
description of the principle of nondiscrimination as it applies
to the tariffs applicable generally to imports from United
States trading partners, that is, the general rates of duty set
forth in column 1 of the Harmonized Tariff Schedule of the
United States.
(b) Policy.--It is the sense of the Congress that--
(1) the language used in United States laws, treaties,
agreements, Executive orders, directives, and regulations
should more clearly and accurately reflect the underlying
principles of United States trade policy; and
(2) accordingly, the term ``normal trade relations''
should, where appropriate, be substituted for the term ``most-
favored-nation''.
SEC. 2. CHANGE IN TERMINOLOGY.
(a) Trade Expansion Act of 1962.--The heading for section 251 of
the Trade Expansion Act of 1962 (19 U.S.C. 1881) is amended to read as
follows: ``normal trade relations''.
(b) Trade Act of 1974.--(1) Section 402 of the Trade Act of 1974
(19 U.S.C. 2432) is amended by striking ``(most-favored-nation
treatment)'' each place it appears and inserting ``(normal trade
relations)''.
(2) Section 601(9) of the Trade Act of 1974 (19 U.S.C. 2481(9)) is
amended by striking ``most-favored-nation treatment'' and inserting
``trade treatment based on normal trade relations (known under
international law as most-favored-nation treatment)''.
(c) CFTA.--Section 302(a)(3)(C) of the United States Canada Free-
Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is
amended by striking ``the most-favored-nation rate of duty'' each place
it appears and inserting ``the general subcolumn of the column 1 rate
of duty set forth in the Harmonized Tariff Schedule of the United
States''.
(d) NAFTA.--Section 202(n) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3332(n)) is amended by striking
``most-favored-nation''.
(e) SEED Act.--Section 2(c)(11) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(11)) is amended--
(1) by striking ``(commonly referred to as `most favored
nation status')'', and
(2) by striking ``Most Favored Nation Trade Status'' in the
heading and inserting ``Normal Trade Relations''.
(f) United States-Hong Kong Policy Act of 1992.--Section 103(4) of
the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5713(4)) is
amended by striking ``(commonly referred to as `most-favored-nation
status')''.
SEC. 3. SAVINGS PROVISIONS.
Nothing in this Act shall affect the meaning of any provision of
law, Executive order, Presidential proclamation, rule, regulation,
delegation of authority, other document, or treaty or other
international agreement of the United States relating to the principle
of ``most-favored-nation'' (or ``most favored nation'') treatment. Any
Executive order, Presidential proclamation, rule, regulation,
delegation of authority, other document, or treaty or other
international agreement of the United States that has been issued,
made, granted, or allowed to become effective and that is in effect on
the effective date of this Act, or was to become effective on or after
the effective date of this Act, shall continue in effect according to
its terms until modified, terminated, superseded, set aside, or revoked
in accordance with law.
Calendar No. 163
105th CONGRESS
1st Session
S. 747
[Report No. 105-82]
_______________________________________________________________________
A BILL
To amend trade laws and related provisions to clarify the designation
of normal trade relations.
_______________________________________________________________________
September 15, 1997
Reported without amendment
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