Sec. 303. Duties of the Commission
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The Commission shall review— all adverse reports of dispute settlement panels and the Appellate Body which are— adopted by the Dispute Settlement Body; and the result of a proceeding initiated against the United States by a WTO member; and upon the request of the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate— any adverse report of a dispute settlement panel or the Appellate Body— which is adopted by the Dispute Settlement Body; and in which the United States is a complaining party; or any other finding which is contained in a report of a dispute settlement panel or the Appellate Body that is adopted by the Dispute Settlement Body.
The Commission shall advise the Congress in connection with each adverse finding or other finding under paragraph (1)(B) only whether— the dispute settlement panel or the Appellate Body, as the case may be— exceeded its authority or its terms of reference; added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement which is the subject of the finding; acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and the Appellate Body in the applicable Uruguay Round Agreement; and deviated from the applicable standard of review, including in antidumping, countervailing duty, and other unfair trade remedy cases, the standard of review set forth in Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994; and the finding is consistent with the original understanding by the United States of the Uruguay Round Agreement that is the subject of the finding as explained in the statement of administrative action approved under section 101(a) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(a) ).
Applying the standards set forth in paragraph
(2)requires that the Commission not accord deference to findings of law made by the dispute settlement panel or the Appellate Body, as the case may be. Not later than 150 days after the date on which the Commission receives notice of a report or request under section 304(b), the Commission shall make a written determination with respect to the matters described in paragraph
(2)of subsection (a), including a full analysis of the basis for its determination. A vote by a majority of the members of the Commission shall constitute a determination of the Commission, although the members need not agree on the basis for their vote. Any member of the Commission who disagrees with a determination of the Commission or who concurs in such a determination on a basis different from that of the Commission or other members of the Commission, may write an opinion expressing such disagreement or concurrence, as the case may be. The Commission shall promptly report the determinations described in paragraph (1)(A) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The Commission shall include with the report any opinions written under paragraph (1)(B) with respect to the determination. Each report of the Commission under subsection (b)(2), together with the opinions included with the report, shall be made available to the public.
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Sec. 303
Duties of the Commission
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