CANADA Act

This Act may be cited as the “Combating Attacks on our National Alcoholic Drinks by Allies Act” or the “CANADA Act”.

(a) In general.— Not later than 30 days after the date of enactment of this Act, the United States Trade Representative shall initiate an investigation to determine whether a covered foreign country has ceased importation and distribution of alcoholic beverage exports of the United States in a manner that is actionable under section 301 of the Trade Act of 1974 (19 U.S.C. 2411).

(b) Consultations.—

(1) Before actionability determination.— Before making a determination with respect to whether a covered foreign country has acted in a manner that is actionable under such section 301 (19 U.S.C. 2411) after an investigation initiated under subsection (a), the United States Trade Representative shall—

(A) consult with—

(i) manufacturers of alcoholic beverages in the United States that are affected by limits imposed by covered foreign countries on importation and distribution of alcoholic beverage exports of the United States;

(ii) the Secretary of Commerce;

(iii) the Secretary of State; and

(iv) the United States International Trade Commission; and

(B) seek information from trade associations and from domestic producers and distributors of alcoholic beverage exports of the United States, as determined relevant by the United States Trade Representative.

(2) Before enforcement determination.— Before taking action with respect to a determination described in paragraph (1), the United States Trade Representative shall—

(A) notify the appropriate committees of Congress of a proposed action with respect to such determination; and

(B) consult with stakeholders that may be affected by such proposed action to ensure that such proposed action—

(i) is targeted and proportionate; and

(ii) minimizes potential unintended consequences for—

(I) consumers in the United States; and

(II) allies of the United States.

(c) Negative determination.— If the United States Trade Representative determines, after an investigation initiated under subsection (a), that a covered foreign country has not acted in a manner that is actionable under such section 301 (19 U.S.C. 2411), the United States Trade Representative shall submit to the appropriate committees of Congress a written report that explains such determination.

(a) Initial report.— Not later than 90 days after the date of enactment of this Act, the United States Trade Representative shall submit to the appropriate committees of Congress a written report that includes—

(1) the status of each investigation initiated under section 2;

(2) the policy of each covered foreign country with respect to the importation and distribution of alcoholic beverage exports of the United States; and

(3) the findings of the United States Trade Representative regarding the impact of such policies on manufacturers of alcoholic beverages in the United States.

(b) Quarterly reports.— Not later than 90 days after the date of enactment of this Act, and on a quarterly basis thereafter for 2 years, the United States Trade Representative shall submit to the appropriate committees of Congress a written report that includes—

(1) a description of consultations held for the purpose of an investigation initiated under section 2(a);

(2) any remedial or enforcement action taken under subsection (a) or (b) of section 301 of the Trade Act of 1974 (19 U.S.C. 2411) with respect to an investigation initiated under section 2(a); and

(3) the status of any engagement with a covered foreign country regarding trade issues related to alcoholic beverage exports of the United States.

(c) Public summary.— The United States Trade Representative shall make publicly available a summary of the written reports required under this section, which shall not include confidential information provided by a stakeholder.

In this Act:

(1) Alcoholic beverage.— The term “alcoholic beverage” has the meaning given such term in section 203 of the Alcoholic Beverage Labeling Act of 1988 (27 U.S.C. 214).

(2) Appropriate committees of Congress.— The term “appropriate committees of Congress” means—

(A) the Committee on Ways and Means of the House of Representatives; and

(B) the Committee on Finance of the Senate.

(3) Covered foreign country.— The term “covered foreign country”—

(A) means a foreign country that has in effect a free trade agreement with the United States; and

(B) includes Canada.