To apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for other purposes.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Tariff Act of 1930 regarding the imposition of countervailing duties on imports into the United States from a country subsidizing, directly or indirectly, the manufacture, production, or export of merchandise which materially injures a U.S. industry or threatens to.

Declares that merchandise on which countervailing duties must be imposed includes merchandise from a nonmarket country, unless the administering authority cannot identify and measure subsidies provided by the government of the nonmarket economy country (or a public entity within its territory) because the economy of that country is essentially composed of a single entity.

Requires the administering authority to reduce the antidumping duty on a class or kind of merchandise from a nonmarket economy country in cases where: (1) such country (or a public entity within its territory) has provided the merchandise with a countervailable subsidy (other than an export subsidy); (2) the subsidy has reduced the average price of imports of that class or kind of merchandise during the relevant period; and (3) the extent to which the subsidy, in combination with the use of normal value, has increased the weighted average dumping margin for such merchandise can be reasonably estimated.

Requires the administering authority, in such cases, to reduce the antidumping duty by the amount of the increase in the weighted average dumping margin estimated (but not by more than the portion of the countervailing duty rate attributable to the countervailable subsidy).

[112th Congress Public Law 99]
[From the U.S. Government Publishing Office]



[[Page 126 STAT. 265]]

Public Law 112-99
112th Congress

                                 An Act


 
To apply the countervailing duty provisions of the Tariff Act of 1930 to 
 nonmarket economy countries, and for other purposes. <<NOTE: Mar. 13, 
                         2012 -  [H.R. 4105]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO 
                              NONMARKET ECONOMY COUNTRIES.

    (a) In General.--Section 701 of the Tariff Act of 1930 (19 U.S.C. 
1671) is amended by adding at the end the following:
    ``(f) Applicability to Proceedings Involving Nonmarket Economy 
Countries.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        merchandise on which countervailing duties shall be imposed 
        under subsection (a) includes a class or kind of merchandise 
        imported, or sold (or likely to be sold) for importation, into 
        the United States from a nonmarket economy country.
            ``(2) Exception.--A countervailing duty is not required to 
        be imposed under subsection (a) on a class or kind of 
        merchandise imported, or sold (or likely to be sold) for 
        importation, into the United States from a nonmarket economy 
        country if the administering authority is unable to identify and 
        measure subsidies provided by the government of the nonmarket 
        economy country or a public entity within the territory of the 
        nonmarket economy country because the economy of that country is 
        essentially comprised of a single entity.''.

    (b) <<NOTE: 19 USC 1671 note.>>  Effective Date.--Subsection (f) of 
section 701 of the Tariff Act of 1930, as added by subsection (a) of 
this section, applies to--
            (1) all proceedings initiated under subtitle A of title VII 
        of that Act (19 U.S.C. 1671 et seq.) on or after November 20, 
        2006;
            (2) all resulting actions by U.S. Customs and Border 
        Protection; and
            (3) all civil actions, criminal proceedings, and other 
        proceedings before a Federal court relating to proceedings 
        referred to in paragraph (1) or actions referred to in paragraph 
        (2).
SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS 
                    RELATING TO IMPORTS FROM NONMARKET ECONOMY 
                    COUNTRIES.

    (a) In General.--Section 777A of the Tariff Act of 1930 (19 U.S.C. 
1677f-1) is amended by adding at the end the following:

[[Page 126 STAT. 266]]

    ``(f) Adjustment of Antidumping Duty in Certain Proceedings Relating 
to Imports From Nonmarket Economy Countries.--
            ``(1) In general.--If the administering authority 
        determines, with respect to a class or kind of merchandise from 
        a nonmarket economy country for which an antidumping duty is 
        determined using normal value pursuant to section 773(c), that--
                    ``(A) pursuant to section 701(a)(1), a 
                countervailable subsidy (other than an export subsidy 
                referred to in section 772(c)(1)(C)) has been provided 
                with respect to the class or kind of merchandise,
                    ``(B) such countervailable subsidy has been 
                demonstrated to have reduced the average price of 
                imports of the class or kind of merchandise during the 
                relevant period, and
                    ``(C) the administering authority can reasonably 
                estimate the extent to which the countervailable subsidy 
                referred to in subparagraph (B), in combination with the 
                use of normal value determined pursuant to section 
                773(c), has increased the weighted average dumping 
                margin for the class or kind of merchandise,
        the administering authority shall, except as provided in 
        paragraph (2), reduce the antidumping duty by the amount of the 
        increase in the weighted average dumping margin estimated by the 
        administering authority under subparagraph (C).
            ``(2) Maximum reduction in antidumping duty.--The 
        administering authority may not reduce the antidumping duty 
        applicable to a class or kind of merchandise from a nonmarket 
        economy country under this subsection by more than the portion 
        of the countervailing duty rate attributable to a 
        countervailable subsidy that is provided with respect to the 
        class or kind of merchandise and that meets the conditions 
        described in subparagraphs (A), (B), and (C) of paragraph 
        (1).''.

    (b) <<NOTE: Applicability. 19 USC 1677f-1 note.>>  Effective Date.--
Subsection (f) of section 777A of the Tariff Act of 1930, as added by 
subsection (a) of this section, applies to--
            (1) all investigations and reviews initiated pursuant to 
        title VII of that Act (19 U.S.C. 1671 et seq.) on or after the 
        date of the enactment of this Act; and
            (2) subject to subsection (c) of section 129 of the Uruguay 
        Round Agreements Act (19 U.S.C. 3538), all determinations

[[Page 126 STAT. 267]]

        issued under subsection (b)(2) of that section on or after the 
        date of the enactment of this Act.

    Approved March 13, 2012.

LEGISLATIVE HISTORY--H.R. 4105 (S. 2153):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            Mar. 6, considered and passed House.
            Mar. 7, considered and passed Senate.

                                  <all>