Detailed Summary

Trade Enforcement Act of 2008 - Amends the Trade Act of 1974 to revise certain trade provisions to require the United States Trade Representative (USTR) to: (1) review U.S. trade expansion priorities; and (2) report to Congress on priority foreign country practices which if eliminated will have the most potential to increase U.S. exports.

Requires the USTR to seek consultation and satisfactory resolution of any identified priority foreign country trade practice (including an agreement for elimination or provision of compensatory trade benefits) with the country of concern.

Establishes the Office of the Congressional Trade Enforcer.

Requires the USTR to: (1) identify priority foreign countries that maintain technical barriers to trade, or sanitary or phytosanitary measures, that deny market access to U.S. products; and (2) initiate an investigation of such trade barriers to determine what trade action, if any, must be taken to remedy such barriers.

Amends the Tariff Act of 1930 to apply countervailing duty provisions to nonmarket economy countries.

Expresses the sense of Congress that: (1) the United States should restore the balance between rights and obligations struck during the Uruguay Round of Multilateral Trade Negotiations; (2) the United States should have the ability to enforce rigorously its trade laws (including antidumping, countervailing duty, and safeguard laws) in World Trade Organization (WTO) negotiations and dispute settlement proceedings; and (2) dispute settlement panels are obligated to follow WTO negotiated agreements and not Appellate Body jurisprudence.

Revises requirements for presidential action on a finding by the International Trade Commission (ITC) regarding an imported Chinese product that threatens or causes market disruption to a like U.S. product.

Directs the Secretary of the Treasury to establish: (1) a government-wide, uniform data system to identify all goods imported into the United States; and (2) a voluntary government-private Import Safety Program to ensure that all goods in the international supply chain do not pose risks to public health or safety, and to facilitate the movement of such goods through the chain.

Requires the Secretary to establish: (1) a list of importers of record and foreign manufacturers, processing facilities, exporters, and suppliers whose imported products have been determined to be inadmissible into the United States or have been the subject of U.S. recalls because of violations of health or safety standards; and (2) sanctions for entities on the list.

Establishes the position of Director of Intellectual Property Rights Enforcement to develop an annual strategic plan for the enforcement of intellectual property rights.

Sets forth: (1) enforcement activities to combat the counterfeiting and piracy of products; and (2) civil fines for the import of pirated or counterfeit products.

Status of the Legislation

Latest Major Action: 9/29/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Border, Maritime, and Global Counterterrorism.

Points in Favor

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Points Against

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