article: SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Fair Trade in Motor Vehicle Parts Act of 1993''. (b) Definitions.--For purposes of this Act-- (1) Motor vehicle and motor vehicle parts.-- (A) The term ``motor vehicle'' means any article of a kind described in heading 8703 or 8704 of the Harmonized Tariff Schedule of the United States. (B) The term ``motor vehicle parts'' means articles of a kind described in the following provisions of the Harmonized Tariff Schedule of the United States if suitable for use in the manufacture or repair of motor vehicles: (i) Subheadings 8407.31.00 through 8407.34.20 (relating to spark-ignition reciprocating or rotary internal combustion piston engines). (ii) Subheading 8408.20 (relating to the compression-ignition internal combustion engines). (iii) Subheading 8409 (relating to parts suitable for use solely or principally with engines described in clauses (i) and (ii)). (iv) Subheading 8483 (relating to transmission shafts and related parts). (v) Subheadings 8706.00.10 and 8706.00.15 (relating to chassis fitted with engines). (vi) Heading 8707 (relating to motor vehicle bodies). (vii) Heading 8708 (relating to bumpers, brakes and servo brakes, gear boxes, drive axles, nondriving axles, road wheels, suspension shock absorbers, radiators, mufflers and exhaust pipes, clutches, steering wheels, steering columns, steering boxes, and other parts and accessories of motor vehicles). The Secretary shall by regulation include as motor vehicle parts such other articles (described by classification under such Harmonized Tariff Schedule) that the Secretary considers appropriate to carry out this Act. (2) United states motor vehicle parts manufacturer.--The term ``United States motor vehicle parts manufacturer'' means a manufacturer of motor vehicle parts that-- (A) has one or more motor vehicle parts manufacturing facilities located within the United States, and (B)(i) is not owned or controlled by a natural person who is a citizen of a deficit foreign country; and (ii) is not owned or controlled by a corporation or other legal entity, wherever located, which is owned or controlled by-- (I) natural persons who are citizens of a deficit foreign country, or (II) another corporation or other legal entity that is owned or controlled by natural persons who are citizens of a deficit foreign country. (3) United states motor vehicle parts.--The term ``United States motor vehicle parts'' means motor vehicle parts produced by United States motor vehicle parts manufacturers in the United States. (4) Deficit foreign country.--The term ``deficit foreign country'' means any country with which the United States merchandise trade balance with respect to motor vehicle parts was in deficit in an amount of $5,000,000,000 or more for each of the 3 most recent calendar years for which data are available. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. TITLE I--TRADE REMEDY ACTIONS SEC. 101. ``301'' ACTION WITH RESPECT TO BARRIERS TO MARKET ACCESS OF UNITED STATES-MADE MOTOR VEHICLE PARTS. (a) In General.--On the 45th day after the date of the enactment of this Act, any act, policy, or practice of a deficit foreign country that adversely affects the access to such country's market of motor vehicle parts produced by United States motor vehicle parts manufacturers (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of title III of the Trade Act of 1974, be considered as an act, policy, or practice of a foreign country that is unjustifiable and burdens or restricts United States commerce. The Trade Representative shall immediately proceed to determine, in accordance with section 304(a)(1)(B) of such Act, what action to take under section 301(a) of such Act to obtain the elimination of such act, policy, or practice. (b) Negotiation Agenda.--If the Trade Representative decides to take action referred to in section 301(c)(1)(C) of the Trade Act of 1974 with respect to an act, policy, or practice referred to in subsection (a), the agenda for negotiations shall include-- (1) guarantees for sales in the deficit foreign country's market of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers in an aggregate amount equal to the percentage of such market that would be held by motor vehicle parts produced by United States motor vehicle parts manufacturers if the unfair act, policy, or practice did not exist; (2) the elimination or modification of the aspects of the deficit foreign country's motor vehicle distribution system (and any other act, policy, or practice) that act as a barrier to the access to the foreign country's market of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers; and (3) the establishment of procedures for the exchange of information between the appropriate agencies of the United States and the deficit foreign country's government that will permit an accurate assessment of bilateral trade in motor vehicle parts, particularly with respect to the purchase of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers for use by foreign sources in the foreign country's market. (c) Additional Estimates and Consequential Effect.-- (1) Estimate.--If the Trade Representative decides to take action under section 301(c)(1)(C) of the Trade Act of 1974, the Trade Representative shall promptly estimate, on the basis of the best information available-- (A) the percentage share of the deficit foreign country's market for motor vehicle parts that is currently accounted for by motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers; (B) the percentage share of the deficit foreign country's market for motor vehicle parts which would be accounted for by United States motor vehicle parts if an act, policy, or practice referred to in subsection (a) did not exist; and (C) the dollar value of the difference between the percentage shares estimated under subparagraphs (A) and (B). (2) Subsequent action.--If the negotiations referred to in subsection (b) are unsuccessful, any action subsequently taken under section 301 of the Trade Act of 1974 in response to the deficit foreign country's acts, policies, or practices shall be substantially equivalent to the dollar value estimated under paragraph (1)(C). SEC. 102. ANTIDUMPING INVESTIGATION REGARDING MOTOR VEHICLE PARTS OF DEFICIT FOREIGN COUNTRIES. Not later than 60 days after the date of the enactment of this Act, the Secretary shall commence an investigation under section 732(a) of the Tariff Act of 1930 to determine if imports of motor vehicle parts into the United States that are products of any deficit foreign country, or sales (or the likelihood of sales) of such parts for importation into the United States, constitute grounds for the imposition of antidumping duties under section 731 of such Act. TITLE II--EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT SEC. 201. EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT. (a) In General.--Section 2125 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4704) is amended by striking ``December 31, 1993'' and inserting ``December 31, 1998''. (b) Functions of Secretary of Commerce.--Section 2123(b) of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4702(b)) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``; and'', and by adding at the end the following new paragraph: ``(8) coordinate-- ``(A) United States policy regarding auto parts and the market for auto parts; and ``(B) the sharing of data and market information among the relevant departments and agencies of the United States Government, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the United States Trade Representative.''. (c) Definitions.--Section 2122 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4701 note) is amended-- (1) by striking ``For purposes of'' and inserting ``(a) Japanese Markets.--For purposes of''; (2) by adding at the end the following new subsection: ``(b) Other Definitions.--For purposes of this part: ``(1) The term `auto parts and accessories' has the meaning given the term `motor vehicle parts' in section 1(b)(1)(B) of the Fair Trade in Motor Vehicle Parts Act of 1993. ``(2) The term `United States auto parts manufacturer' means a manufacturer of auto parts that-- ``(A) has one or more auto parts manufacturing facilities located within the United States, and ``(B)(i) is not owned or controlled by a natural person who is a citizen of Japan; and ``(ii) is not owned or controlled by a corporation or other legal entity, wherever located, which is owned or controlled by-- ``(I) natural persons who are citizens of Japan, or ``(II) another corporation or other legal entity that is owned or controlled by natural persons who are citizens of Japan. ``(3) The terms `United States-made auto parts and accessories' and `United States-made auto parts' have the meaning given the term `United States motor vehicle parts' in section 1(b)(3) of the Fair Trade in Motor Vehicle Parts Act of 1993.''; and (3) by striking ``definition'' in the heading and inserting ``definitions''.
summary: TABLE OF CONTENTS: Title I: Trade Remedy Actions Title II: Extension and Modification of Fair Trade in Auto Parts Act Fair Trade in Motor Vehicle Parts Act of 1993 - Title I: Trade Remedy Actions - Declares that any act, policy, or practice of a deficit foreign country that adversely affects the access to its market of U.S. motor vehicle parts (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of "301" action under the Trade Act of 1974, be considered as an act, policy, or practice that is unjustifiable and burdens or restricts U.S. commerce. Directs the United States Trade Representative (USTR) to determine what action to take under the Act to eliminate such act, policy, or practice. Requires an agenda for negotiations with countries the USTR has taken action against to include: (1) a certain percentage of guaranteed sales in the deficit foreign country's market of U.S. motor vehicle parts; (2) the elimination or modification of the aspects of such country's motor vehicle distribution system that act as a barrier to U.S. motor vehicle parts; and (3) the exchange between such country and the United States of information concerning bilateral trade in such parts. Requires the USTR to make certain estimates with respect to the current percentage of such country's market for motor vehicle parts that is accounted for by U.S. motor vehicle parts. Requires the Secretary of Commerce (Secretary) to commence an antidumping duty investigation to determine if imports of motor vehicle parts from a deficit foreign country, or sales (or the likelihood of sales) of such imports, constitute grounds for the imposition of antidumping duties. Title II: Extension and Modification of Fair Trade in Auto Parts Act - Amends the Fair Trade in Auto Parts Act of 1988 to extend such Act through December 31, 1998. Directs the Secretary, among other things, to coordinate: (1) U.S. policy regarding auto parts and the market for auto parts by the Japanese; and (2) the sharing of data and market information among U.S. agencies, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the USTR.