text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Unfair Foreign Competition Act of 
  2007''.
  
  SEC. 2. JUDICIAL DETERMINATION OF INJURY.
  
      (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 
  1671 et seq.) is amended by adding at the end the following new 
  subtitle:
  
               ``Subtitle E--Judicial Determination of Injury
  
  ``SEC. 791. CIVIL ACTION.
  
      ``(a) Injury Determination.--Notwithstanding any other provision of 
  this title, in an antidumping or countervailing duty investigation 
  initiated under section 702 or 732, a petitioning party, may, not later 
  than 30 days after the date an investigation is initiated under such 
  sections, elect to bring a civil action in a United States district 
  court, for a determination that--
              ``(1) an industry in the United States--
                      ``(A) is materially injured, or
                      ``(B) is threatened with material injury, or
              ``(2) the establishment of an industry in the United States 
          is materially retarded,
  by reason of imports, or sales (or the likelihood of sales) for 
  importation, of the merchandise subject to the investigation, and that 
  imports of the subject merchandise are not negligible.
      ``(b) Five-Year Reviews.--Not later than 30 days after a 5-year 
  review of an antidumping or countervailing duty order is initiated 
  under section 751(c), a party, who was a petitioning party in the 
  initial investigation that resulted in the antidumping or 
  countervailing duty order, may bring a civil action in a United States 
  district court for a determination of whether revocation of the 
  antidumping or countervailing duty order or termination of the 
  investigation suspended under section 704 or 734 would likely lead to 
  continuation or recurrence of material injury based on the standards 
  set forth in section 752.
      ``(c) Effect of Election; Relief.--
              ``(1) Effect of election.--
                      ``(A) In general.--An election under subsection (a) 
                  or (b) of this section shall be for a determination by 
                  the district court in lieu of a determination by the 
                  Commission under section 703(a), section 733(a), 
                  section 705(b), section 735(b), or chapter 1 of 
                  subtitle C, as the case may be.
                      ``(B) Commission to compile record.--If an election 
                  is made under this subtitle, the Commission shall 
                  conduct an investigation and compile evidence with 
                  respect to the petition in the same manner and to the 
                  same extent under this title as if an election had not 
                  been made. Any information compiled by the Commission 
                  shall be made available to the parties to the 
                  proceeding and furnished to the district court in a 
                  timely manner.
                      ``(C) Notification by the administering authority 
                  and commission.--If an election is made under this 
                  subtitle, any notification the administering authority 
                  is required to provide the Commission under this title 
                  shall be provided to the district court and any 
                  notification the Commission is required to provide the 
                  administering authority shall be provided to the 
                  district court.
              ``(2) Relief.--
                      ``(A) In general.--In an action brought under 
                  subsection (a) or (b), the district court shall apply 
                  the same standards and make the same determinations and 
                  findings, that would be made by the Commission under 
                  this title if an election had not been made.
                      ``(B) Findings and conclusions.--The court shall 
                  issue findings of fact and conclusions of law and any 
                  order issued by the court shall have the same effect as 
                  a determination of the Commission under this title.
              ``(3) Special rules.--The following rules shall apply to 
          actions initiated under subsection (a) or (b):
                      ``(A) Appeal.--An order issued by a United States 
                  district court under this title shall be appealable to 
                  a United States Court of Appeals.
                      ``(B) Order not stayed.--An order issued under this 
                  section shall not be stayed pending appeal to a United 
                  States Court of Appeals.
                      ``(C) Precedential effect of decisions of the 
                  international trade commission.--The decisions of the 
                  Commission in other investigations initiated under this 
                  title shall not be binding on the court.
                      ``(D) Hearings.--The court shall provide a 
                  petitioning party and any interested party an 
                  opportunity to file briefs and argue orally to the 
                  court based on the information compiled by the 
                  Commission.
                      ``(E) Attendance by defendant.--There shall be no 
                  obligation on any defendant interested party to attend 
                  a meeting or hearing, and failure to do so shall not be 
                  prejudicial to that party's case.
                      ``(F) Default judgments.--The failure of an 
                  interested party, described in subparagraph (A) or (B) 
                  of section 771(9), to intervene in an action initiated 
                  under this section or otherwise to participate in the 
                  proceedings shall not result in judgment by default.
                      ``(G) Venue.--A civil action under this section may 
                  be brought in a judicial district where a manufacturing 
                  facility, sales office, or administrative headquarters 
                  of any plaintiff who is a petitioning party is located.
      ``(d) Service of Process.--Within 5 days of filing an action under 
  subsection (a) or (b), the filing party shall notify all known 
  interested parties described in subparagraphs (A) and (B) of section 
  771(9). Such notice shall include--
              ``(1) a copy of the complaint; and
              ``(2) notice that the party is entitled to participate in 
          the proceedings pursuant to subsection (e) of this section.
      ``(e) Intervention as of Right.--Any interested party described in 
  subparagraphs (A) and (B) of section 771(9) shall be entitled to 
  intervene in an action initiated under this section.
      ``(f) Preliminary Relief.--
              ``(1) In general.--In an action brought under subsection 
          (a), the court shall, upon motion, issue a preliminary order 
          that contains a determination of whether there is a reasonable 
          indication that an industry in the United States is materially 
          injured, or is threatened with material injury, or the 
          establishment of an industry in the United States is materially 
          retarded, by reason of imports of the subject merchandise and 
          that imports of the subject merchandise are not negligible. The 
          order shall include a description of the essential facts under 
          consideration which form the basis of the decision.
              ``(2) Effect of order.--An order making an affirmative 
          determination under paragraph (1) shall have the same effect as 
          an affirmative preliminary determination by the Commission 
          under section 703(a) or 733(a).
              ``(3) Timing.--The court shall make a preliminary 
          determination under this subsection within 45 days after a 
          complaint has been filed.
      ``(g) Expedited Action.--
              ``(1) In general.--An action brought under subsection (a) 
          or (b) shall be advanced on the docket and expedited in every 
          way practicable.
              ``(2) Final determination in subsection (a) cases.--The 
          court shall make a final determination regarding material 
          injury in an action filed under subsection (a) before the later 
          of--
                      ``(A) the 120th day after the date on which the 
                  administering authority makes an affirmative 
                  preliminary determination under section 703(b) or 
                  733(b); or
                      ``(B) the 45th day after the day on which the 
                  administering authority makes an affirmative final 
                  determination under section 705(a) or 735(a).
              ``(3) Final determination in five-year reviews.--The court 
          shall make a final determination regarding the likelihood of 
          continuation or recurrence of material injury under subsection 
          (b) before the later of--
                      ``(A) the 360th day after the date on which the 
                  review is initiated under section 751(c)(2); or
                      ``(B) the 120th day after the date on which the 
                  final determination of the administering authority is 
                  published.
              ``(4) Extraordinarily complicated cases.--If the court 
          concludes that a case is extraordinarily complicated, as 
          defined in section 703(c) or 733(c), the court may extend the 
          time under paragraphs (2) or (3) by an additional 30 days.
      ``(h) Protection of Confidential Information.--The court shall make 
  arrangements to protect the confidentiality of information designated 
  as proprietary by an interested party pursuant to a judicial protective 
  order.''.
      (b) Changed Circumstances Reviews.--Section 751(b) of the Tariff 
  Act of 1930 (19 U.S.C. 1675(b)) is amended by adding at the end the 
  following:
              ``(5) Certain cases to be filed in united states district 
          court.--If the injury determination at issue was initially made 
          by a United States district court, the court shall retain 
          jurisdiction over the injury determination for purposes of this 
          section. Any party seeking revocation of an order or 
          termination of a suspended investigation shall seek review in 
          the district court that made the original injury determination 
          under section 791.''.
      (c) Clerical Amendment.--The table of contents for title VII of the 
  Tariff Act of 1930 is amended by inserting after the item relating to 
  section 783 the following:
  
               ``Subtitle E--Judicial Determination of Injury
  
  ``Sec. 791. Civil action.''.
      (d) Conforming Amendment.--Section 516A of the Tariff Act of 1930 
  (19 U.S.C. 1516a) is amended by striking ``Within 30 days'' and 
  inserting ``Except in the case where an interested party makes an 
  election under subtitle E of title VII for a judicial determination of 
  injury, within 30 days''.
      (e) Effective Date.--The amendments made by this section apply to--
              (1) countervailing duty investigations initiated under 
          section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or 
          after the date of the enactment of this Act;
              (2) antidumping duty investigations initiated under section 
          732 of the Tariff Act of 1930 (19 U.S.C. 1673a) on or after the 
          date of the enactment of this Act; and
              (3) reviews initiated under section 751 of the Tariff Act 
          of 1930 (19 U.S.C. 1675) on or after the date of the enactment 
          of this Act.
  
  SEC. 3. APPLICATION TO CANADA AND MEXICO.
  
      Pursuant to article 1902 of the North American Free Trade Agreement 
  and section 408 of the North American Free Trade Agreement 
  Implementation Act, the amendments made by this Act shall apply with 
  respect to goods from Canada and Mexico.
  
  SEC. 4. NOTIFICATION TO WORLD TRADE ORGANIZATION.
  
      Not later than 30 days after the date of the enactment of this Act, 
  pursuant to the Agreement on Implementation of Article VI of the 
  General Agreement on Tariffs and Trade 1994 and the Agreement on 
  Subsidies and Countervailing Measures, the Secretary of State shall 
  notify the appropriate officials of the World Trade Organization of the 
  amendments made by this Act and that the United States district courts 
  shall be treated as competent authorities for purposes of injury 
  determinations under title VII of the Tariff Act of 1930 (19 U.S.C. 
  1671 et seq.).
target: Unfair Foreign Competition Act of 2007 - Amends the Tariff Act of 1930 to authorize a petitioning party, in an antidumping or countervailing duty investigation, to elect, within 30 days after the investigation has started, to bring a civil action in a U.S. district court for determination that a U.S. industry is materially injured or is threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise subject to the investigation, and that imports of the subject merchandise are not negligible.
  
  Authorizes such a petitioning party, within 30 days after a five-year review of an antidumping or countervailing duty order is initiated, to bring a civil action in a U.S. district court for determination of whether revocation of the antidumping or countervailing duty order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury.
  
  Provides for preliminary relief and expedited action.
  
  Applies this Act to goods from Canada and Mexico.
feat_title: A bill to provide for judicial determination of injury in certain cases involving dumped and subsidized merchandise imported into the United States, and for other purposes.