                        TITLE 19--CUSTOMS DUTIES
 
               CHAPTER 22--URUGUAY ROUND TRADE AGREEMENTS
 
 SUBCHAPTER I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, URUGUAY 
                            ROUND AGREEMENTS
 
       Part C--Uruguay Round Implementation and Dispute Settlement
 
Sec. 3533. Dispute settlement panels and procedures


(a) Review by President

    The President shall review annually the WTO panel roster and shall 
include the panel roster and the list of persons serving on the 
Appellate Body in the annual report submitted by the President under 
section 2213(a) of this title.

(b) Qualifications of appointees to panels

    The Trade Representative shall--
        (1) seek to ensure that persons appointed to the WTO panel 
    roster are well-qualified, and that the roster includes persons with 
    expertise in the subject areas covered by the Uruguay Round 
    Agreements; and
        (2) inform the President of persons nominated to the roster by 
    other WTO member countries.

(c) Rules governing conflicts of interest

    The Trade Representative shall seek the establishment by the General 
Council and the Dispute Settlement Body of rules governing conflicts of 
interest by persons serving on panels and members of the Appellate Body 
and shall describe, in the annual report submitted under section 3534 of 
this title, any progress made in establishing such rules.

(d) Notification of disputes

    Promptly after a dispute settlement panel is established to consider 
the consistency of Federal or State law with any of the Uruguay Round 
Agreements, the Trade Representative shall notify the appropriate 
congressional committees of--
        (1) the nature of the dispute, including the matters set forth 
    in the request for the establishment of the panel, the legal basis 
    of the complaint, and the specific measures, in particular any State 
    or Federal law cited in the request for establishment of the panel;
        (2) the identity of the persons serving on the panel; and
        (3) whether there was any departure from the rule of consensus 
    with respect to the selection of persons to serve on the panel.

(e) Notice of appeals of panel reports

    If an appeal is taken of a report of a panel in a proceeding 
described in subsection (d) of this section, the Trade Representative 
shall, promptly after the notice of appeal is filed, notify the 
appropriate congressional committees of--
        (1) the issues under appeal; and
        (2) the identity of the persons serving on the Appellate Body 
    who are reviewing the report of the panel.

(f) Actions upon circulation of reports

    Promptly after the circulation of a report of a panel or of the 
Appellate Body to WTO members in a proceeding described in subsection 
(d) of this section, the Trade Representative shall--
        (1) notify the appropriate congressional committees of the 
    report;
        (2) in the case of a report of a panel, consult with the 
    appropriate congressional committees concerning the nature of any 
    appeal that may be taken of the report; and
        (3) if the report is adverse to the United States, consult with 
    the appropriate congressional committees concerning whether to 
    implement the report's recommendation and, if so, the manner of such 
    implementation and the period of time needed for such 
    implementation.

(g) Requirements for agency action

            (1) Changes in agency regulations or practice

        In any case in which a dispute settlement panel or the Appellate 
    Body finds in its report that a regulation or practice of a 
    department or agency of the United States is inconsistent with any 
    of the Uruguay Round Agreements, that regulation or practice may not 
    be amended, rescinded, or otherwise modified in the implementation 
    of such report unless and until--
            (A) the appropriate congressional committees have been 
        consulted under subsection (f) of this section;
            (B) the Trade Representative has sought advice regarding the 
        modification from relevant private sector advisory committees 
        established under section 2155 of this title;
            (C) the head of the relevant department or agency has 
        provided an opportunity for public comment by publishing in the 
        Federal Register the proposed modification and the explanation 
        for the modification;
            (D) the Trade Representative has submitted to the 
        appropriate congressional committees a report describing the 
        proposed modification, the reasons for the modification, and a 
        summary of the advice obtained under subparagraph (B) with 
        respect to the modification;
            (E) the Trade Representative and the head of the relevant 
        department or agency have consulted with the appropriate 
        congressional committees on the proposed contents of the final 
        rule or other modification; and
            (F) the final rule or other modification has been published 
        in the Federal Register.

                 (2) Effective date of modification

        A final rule or other modification to which paragraph (1) 
    applies may not go into effect before the end of the 60-day period 
    beginning on the date on which consultations under paragraph (1)(E) 
    begin, unless the President determines that an earlier effective 
    date is in the national interest.

                (3) Vote by congressional committees

        During the 60-day period described in paragraph (2), the 
    Committee on Ways and Means of the House of Representatives and the 
    Committee on Finance of the Senate may vote to indicate the 
    agreement or disagreement of the committee with the proposed 
    contents of the final rule or other modification. Any such vote 
    shall not be binding on the department or agency which is 
    implementing the rule or other modification.

                     (4) Inapplicability to ITC

        This subsection does not apply to any regulation or practice of 
    the International Trade Commission.

(h) Consultations regarding review of WTO rules and procedures

    Before the review is conducted of the dispute settlement rules and 
procedures of the WTO that is provided for in the Decision on the 
Application of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes, as such decision is set forth in the Ministerial 
Declarations and Decisions adopted on April 15, 1994, together with the 
Uruguay Round Agreements, the Trade Representative shall consult with 
the congressional committees regarding the policy of the United States 
concerning the review.

(Pub. L. 103-465, title I, Sec. 123, Dec. 8, 1994, 108 Stat. 4830.)
