Senators Basham, Clark-Coleman, Prusi, Schauer, Cherry, Olshove, Emerson, Scott, Thomas and Clarke offered the following concurrent resolution:

            Senate Concurrent Resolution No. 40.

            A concurrent resolution to express support for the aims of the Continued Dumping and Subsidy Offset Act and the efforts of the President and the Congress of the United States to oppose a recent ruling of the World Trade Organization.

            Whereas, Across our country, the loss of manufacturing jobs has caused significant damage to the American economy and threatened many families and workers.  Nowhere has the loss of manufacturing jobs been more acute than in Michigan.  While there are clearly many components of this problem, a significant and growing source of concern is the impact that unfair trade practices have through the products that are subsidized by other nations and dumped on the American markets; and

            Whereas, In appropriate recognition of the problems created by subsidized and dumped goods, the Congress and the President of the United States enacted into law the Continued Dumping and Subsidy Offset Act (CDSOA) in 2000.  This legislation, commonly referred to as the Byrd Amendment, allows American companies to receive fines collected by federal agents on unfairly traded imported products.  The money so collected has been an effective element of the effort to identify and combat predatory trading practices; and

            Whereas, In January 2003, the World Trade Organization Appellate Body ruled that the CDSOA violated our country's WTO obligations.  Members of Congress, with bipartisan support, have strongly objected to this decision.  They have cited the importance of the $700 million in fines that have been collected and distributed to American businesses that have gone on to file and win trade cases in several industries; and

            Whereas, The CDSOA has been a positive development in the work to bring greater fairness to trade.  It has helped American workers and businesses in a wide variety of industries, ranging from traditional manufacturing to agriculture and from textiles to fisheries.  The World Trade Organization's decision does not advance the cause of fair trade; now, therefore, be it

            Resolved by the Senate (the House of Representatives concurring), That we express support for the aims of the Continued Dumping and Subsidy Offset Act and the efforts of the President and the Congress of the United States to oppose the recent ruling of the World Trade Organization that found that, because of this legislation, our country has violated its World Trade Organization obligations; and be it further

            Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.