Eliminating Global Market Distortions to Protect American Jobs Act of 2021
This bill addresses unfair trade practices by making various changes to U.S. antidumping and countervailing duty law. Antidumping provides relief to U.S industries and workers that are materially injured or threatened with injury due to imports of like products sold in the U.S. market at less than fair value, while countervailing duty provides such relief from imports of products subsidized by a foreign government or public entity.
Specifically, the bill establishes a process for successive antidumping and countervailing duty investigations. Successive investigations may be concurrent (an ongoing investigation of the same product from different countries) or recently completed (not more than two years before the date of the initiation of the successive investigation). Further, the bill establishes a time line for the Department of Commerce to issue determinations in successive investigations.
Among other provisions, the bill authorizes Commerce to
Additionally, the bill establishes procedures for Commerce to conduct circumvention inquiries, including by specifying the deadlines for preliminary and final determinations.
The bill repeals the Softwood Lumber Act of 2008, which addresses the importation of softwood lumber and softwood lumber products.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6121 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6121
To improve the administration of antidumping and countervailing duty
laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2021
Ms. Sewell (for herself and Mr. Johnson of Ohio) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To improve the administration of antidumping and countervailing duty
laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Eliminating Global
Market Distortions to Protect American Jobs Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SUCCESSIVE INVESTIGATIONS
Sec. 101. Establishment of special rules for determination of material
injury in the case of successive
antidumping and countervailing duty
investigations.
Sec. 102. Initiation of successive antidumping and countervailing duty
investigations.
Sec. 103. Issuance of determinations with respect to successive
antidumping and countervailing duty
investigations.
TITLE II--RESPONDING TO MARKET DISTORTIONS
Sec. 201. Addressing cross-border subsidies in countervailing duty
investigations.
Sec. 202. Modification of definition of ordinary course of trade to
specify that an insufficient quantity of
foreign like products constitutes a
situation outside the ordinary course of
trade.
Sec. 203. Modification of adjustments to export price and constructed
export price with respect to duty drawback.
Sec. 204. Modification of determination of constructed value to include
distortions of costs that occur in foreign
countries.
Sec. 205. Special rules for calculation of cost of production and
constructed value to address distorted
costs.
TITLE III--PREVENTING CIRCUMVENTION
Sec. 301. Modification of requirements in circumvention inquiries.
Sec. 302. Requirement of provision by importer of certification by
importer or other party.
Sec. 303. Clarification of authority for Department of Commerce
regarding determinations of class or kind
of merchandise.
Sec. 304. Asset requirements applicable to nonresident importers.
TITLE IV--COUNTERING CURRENCY UNDERVALUATION
Sec. 401. Investigation or review of currency undervaluation under
countervailing duty law.
Sec. 402. Determination of benefit with respect to currency
undervaluation.
TITLE V--PREVENTING DUTY EVASION
Sec. 501. Limitation on protest against decisions of U.S. Customs and
Border Protection of claims of evasion of
antidumping and countervailing duty orders.
Sec. 502. Procedures for investigating claims of evasion of safeguard
actions.
Sec. 503. Application of provisions relating to certain proprietary
information.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Application to Canada and Mexico.
Sec. 602. Repeal of the Softwood Lumber Act of 2008.
Sec. 603. Effective date.
TITLE I--SUCCESSIVE INVESTIGATIONS
SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETERMINATION OF MATERIAL
INJURY IN THE CASE OF SUCCESSIVE ANTIDUMPING AND
COUNTERVAILING DUTY INVESTIGATIONS.
(a) In General.--Section 771(7) of the Tariff Act of 1930 (19
U.S.C. 1677(7)) is amended--
(1) by redesignating subparagraphs (E) through (J) as
subparagraphs (F) through (K), respectively;
(2) in subparagraph (I), as redesignated by paragraph (1)--
(A) by striking ``subparagraph (G)(ii)'' and
inserting ``subparagraph (H)(ii)''; and
(B) by striking ``subparagraph (F)'' and inserting
``subparagraph (G)''; and
(3) by inserting after subparagraph (D) the following:
``(E) Special rules for successive
investigations.--
``(i) In general.--
``(I) Evaluation of impact on
domestic industry.--In evaluating the
impact of imports of the merchandise on
producers of domestic like products
under subparagraph (C)(iii), the
Commission shall--
``(aa) consider the
condition of the domestic
industry as found in a recently
completed investigation;
``(bb) consider the effect
of a concurrent investigation
or recently completed
investigation on trade and the
financial performance of the
domestic industry; and
``(cc) take into account
the considerations described in
items (aa) and (bb), include in
the record any prior injury
determinations by the
Commission with respect to
imports of the merchandise.
``(II) Effect of recent improvement
on material injury determination.--For
the purposes of this subparagraph, the
Commission may not find that there is
no material injury or threat of
material injury to a domestic industry
solely based on recent improvements in
the industry's performance, such as an
increase in sales, market share, or
profitability of domestic producers,
that are related to relief granted
pursuant to a concurrent investigation
or recently completed investigation.
``(ii) Retroactive application of final
determination.--In making any finding under
section 705(b)(4)(A) or 735(b)(4)(A) in a
successive investigation, the Commission shall
determine that a concurrent investigation or
recently completed investigation contributes to
the likelihood that the remedial effect of the
countervailing duty order to be issued under
section 706 or the antidumping duty order to be
issued under section 736 will be seriously
undermined.''.
(b) Definitions.--Section 771 of the Tariff Act of 1930 (19 U.S.C.
1677) is amended by adding at the end the following:
``(37) Treatment of successive investigations.--For
purposes of sections 702(f), 732(f), and 784, as well as
paragraph (7)(E) of this section:
``(A) Concurrent investigation.--The term
`concurrent investigation' means an ongoing
investigation in which an affirmative determination
under section 703(a) or 733(a) has been made by the
Commission with respect to imports of a same class or
kind of merchandise that are the same or similar to
imports of a same class or kind of merchandise from
another country that are the subject of a successive
investigation.
``(B) Recently completed investigation.--The term
`recently completed investigation' means a completed
investigation in which an affirmative determination
under section 705(b) or 735(b) was issued by the
Commission with respect to imports of a class or kind
of merchandise that are the same or similar to imports
of a class or kind of merchandise from another country
that are the subject of a successive investigation not
more than 2 years before the date of initiation of the
successive investigation.
``(C) Successive investigation.--The term
`successive investigation' means an investigation that
has been initiated by the administering authority
following a petition filed pursuant to section 702(f)
or 732(f).''.
SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND COUNTERVAILING DUTY
INVESTIGATIONS.
(a) Countervailing Duty Investigation.--Section 702 of the Tariff
Act of 1930 (19 U.S.C. 1671a) is amended by adding at the end the
following:
``(f) Initiation by Administering Authority of Successive
Countervailing Duty Investigation.--A successive investigation shall be
initiated--
``(1) under subsection (a), if--
``(A) the requirements under that subsection are
met with respect to imports of a class or kind of
merchandise; and
``(B) imports of the same or similar class or kind
of merchandise from another country are or have been
the subject of a concurrent investigation or recently
completed investigation; or
``(2) under subsection (b), if--
``(A) the determinations under clauses (i) and (ii)
of subsection (c)(1)(A) are affirmative with respect to
imports of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind
of merchandise from another country are or have been
the subject of a concurrent investigation or recently
completed investigation.''.
(b) Antidumping Duty Investigation.--Section 732 of the Tariff Act
of 1930 (19 U.S.C. 1673a) is amended by adding at the end the
following:
``(f) Initiation by Administering Authority of Successive
Antidumping Duty Investigation.--A successive investigation shall be
initiated--
``(1) under subsection (a), if--
``(A) the requirements under that subsection are
met with respect to imports of a class or kind of
merchandise; and
``(B) imports of the same or similar class or kind
of merchandise from another country are or have been
the subject of a concurrent investigation or recently
completed investigation; or
``(2) under subsection (b), if--
``(A) the determinations under clauses (i) and (ii)
of subsection (c)(1)(A) are affirmative with respect to
imports of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind
of merchandise from another country are or have been
the subject of a concurrent investigation or recently
completed investigation.''.
SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT TO SUCCESSIVE
ANTIDUMPING AND COUNTERVAILING DUTY INVESTIGATIONS.
(a) In General.--Subtitle D of title VII of the Tariff Act of 1930
(19 U.S.C. 1677 et seq.) is amended by adding at the end the following:
``SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE INVESTIGATIONS.
``(a) In General.--Notwithstanding any other provision of this
title, the administering authority--
``(1) with respect to a successive investigation under
section 702(f)--
``(A) shall issue a preliminary determination under
section 703(b) not later than 85 days after initiating
the investigation;
``(B) may not postpone under section 703(c) such
deadline for the issuance of a preliminary
determination unless requested by the petitioner;
``(C) shall obtain the information required for a
determination under section 703(e);
``(D) shall make a determination under section
703(e) with respect to the investigation;
``(E) shall issue a final determination under
section 705(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(F) shall extend the date of the final
determination under section 705(a) if requested by the
petitioner; and
``(2) with respect to a successive investigation under
section 732(f)--
``(A) shall issue a preliminary determination under
section 733(b) not later than 140 days after initiating
the investigation;
``(B) may not postpone under section 733(c) such
deadline for the issuance of a preliminary
determination unless requested by the petitioner;
``(C) shall obtain the information required for a
determination under section 733(e);
``(D) shall make a determination under section
733(e) with respect to the investigation;
``(E) shall issue a final determination under
section 735(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(F) may extend the date of the final
determination under section 735(a)(2).''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930 is amended by inserting after the item relating to section 783
the following:
``Sec. 784. Determinations relating to successive investigations.''.
TITLE II--RESPONDING TO MARKET DISTORTIONS
SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN COUNTERVAILING DUTY
INVESTIGATIONS.
(a) In General.--Section 701(d) of the Tariff Act of 1930 (19
U.S.C. 1671(d)) is amended--
(1) in the subsection heading, by striking ``International
Consortia'' and inserting ``Special Rules'';
(2) by striking ``For purposes'' and inserting the
following:
``(1) International consortia and multinational
corporations.--For purposes'';
(3) in paragraph (1), as so designated, by inserting after
``in their respective home countries,'' the following: ``or
multinational corporations that are engaged in the production
of subject merchandise receive countervailable subsidies to
assist, permit, or otherwise enable their production or
manufacturing operations in the country in which the class or
kind of merchandise is produced, exported, or sold (or likely
to be sold) for importation into the United States,''; and
(4) by adding at the end the following:
``(2) Transnational subsidies.--
``(A) In general.--For purposes of this subtitle,
if there is a countervailable subsidy conferred by a
government of a country or any public entity within the
territory of a country that is not the country in which
the class or kind of merchandise is produced, exported,
or sold (or likely to be sold) for importation into the
United States and the government of the country or any
public entity within the territory of the country in
which the class or kind of merchandise is produced,
exported, or sold (or likely to be sold) for
importation into the United States (hereafter in this
subparagraph referred to as the `subject merchandise
country') facilitates the provision of such subsidy,
then the administering authority shall treat the
subsidy as having been provided by the government of
the subject merchandise country or a public entity
within the territory of the subject merchandise country
and shall cumulate all such countervailable subsidies,
as well as countervailable subsidies provided directly
or indirectly by the government or any public entity
within the territory of the subject merchandise
country.
``(B) Application.--This paragraph shall be applied
in a manner consistent with the international
obligations of the United States.''.
(b) Definitions.--Subtitle D of title VII of the Tariff Act of 1930
is amended as follows:
(1) In section 771 (19 U.S.C. 1677)--
(A) in paragraph (5A)--
(i) in subparagraph (A), by striking
``pursuant to subparagraph (D)'' and inserting
``pursuant to subparagraph (E)'';
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) Transnational subsidy.--In determining
whether a transnational subsidy, including subsidies
described in subparagraph (B) or (C) is a specific
subsidy, in law or in fact, the administering authority
shall examine the subsidy practice of the government or
public entity that conferred the subsidy.'';
(B) in paragraph (9)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period at the end and inserting ``and''; and
(iii) by adding at the end the following:
``(H) in any investigation under subtitle A
involving a transnational subsidy, the government of
the country that confers the transnational subsidy.'';
and
(C) by adding at the end the following:
``(37) Transnational subsidy.--The term `transnational
subsidy', with respect to subject merchandise, means a subsidy
conferred by a country that is not the country in which the
class or kind of merchandise is produced, exported, or sold (or
likely to be sold) for importation into the United States to
the producer, exporter, or supplier of the producer or
exporter, of the subject merchandise.
``(38) Multinational corporation.--The term `multinational
corporation' means a person, firm, or corporation which owns or
controls, directly or indirectly, facilities for the production
of subject merchandise in two or more foreign countries.''.
(2) In section 771A(a)(1), by striking ``in the same
country as the authority''.
SEC. 202. MODIFICATION OF DEFINITION OF ORDINARY COURSE OF TRADE TO
SPECIFY THAT AN INSUFFICIENT QUANTITY OF FOREIGN LIKE
PRODUCTS CONSTITUTES A SITUATION OUTSIDE THE ORDINARY
COURSE OF TRADE.
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is
amended by adding at the end the following:
``(D) Situations in which the quantity of a foreign
like product selected for comparison under paragraph
(16) is insufficient to establish that the conditions
and practices associated with such sales have been
normal in the trade under consideration for a
reasonable period of time prior to the exportation of
the subject merchandise, and permit a proper comparison
to the export price or constructed export price.''.
SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT PRICE AND CONSTRUCTED
EXPORT PRICE WITH RESPECT TO DUTY DRAWBACK.
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
1677a(c)(1)(B)) is amended--
(1) by striking ``any''; and
(2) by inserting after ``United States'' the following: ``,
but that amount shall not exceed the per unit amount of such
duties contained in the weighted average cost of production''.
SEC. 204. MODIFICATION OF DETERMINATION OF CONSTRUCTED VALUE TO INCLUDE
DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUNTRIES.
(a) In General.--Section 773(b)(3) of the Tariff Act of 1930 (19
U.S.C. 1677b(b)(3)) is amended--
(1) in subparagraph (A), by striking ``business'' and
inserting ``trade''; and
(2) in the matter following subparagraph (C), by inserting
before ``For purposes'' the following: ``For purposes of
subparagraph (A), if a particular market situation exists such
that the cost of materials and fabrication or other processing
of any kind does not accurately reflect the cost of production
in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or
any other calculation methodology.''.
(b) Modification of Definition of Ordinary Course of Trade To
Include Adjusted Costs.--Section 771(15)(C) of the Tariff Act of 1930
(19 U.S.C. 1677(15)(C)) is amended--
(1) by striking ``that the particular market situation
prevents'' and inserting ``that a particular market situation
exists that--
``(i) prevents'';
(2) in clause (i), as designated by paragraph (1), by
striking the period at the end and inserting ``, relating to
normal value determined under subsection (a) of section 773;
or''; and
(3) by adding at the end the following:
``(ii) distorts certain costs of
production, relating to normal value determined
under subsections (b) and (e) of section
773.''.
SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF PRODUCTION AND
CONSTRUCTED VALUE TO ADDRESS DISTORTED COSTS.
(a) In General.--Section 773(f)(3) of the Tariff Act of 1930 (19
U.S.C. 1677b(f)(3)) is amended--
(1) by striking ``(3) Major input rule.--If'' inserting the
following:
``(3) Major input rule.--
``(A) In general.--If''; and
(2) by adding at the end of the following:
``(B) Major inputs from certain unaffiliated
persons.--
``(i) In general.--In the case of a
transaction between the exporter or producer of
the merchandise and any unaffiliated persons
described in clause (ii) involving a major
input to the merchandise, the administering
authority may value such major input based on
the information available as to what the amount
would have been if the transaction had occurred
between the exporter or producer of the
merchandise and any unaffiliated persons other
than unaffiliated persons described in clause
(ii), if such amount is greater than that
reflected in the records of the exporter or
producer of the merchandise.
``(ii) Unaffiliated persons described.--
Unaffiliated persons described in this clause
include--
``(I) any person in a nonmarket
economy country;
``(II) any producer, exporter, or
supplier of the input described in
clause (i) found by the administering
authority, or by any investigating
authority of a third country, to be
receiving a subsidy pertaining to an
identical or comparable input in the
respective country;
``(III) any producer, exporter, or
supplier of the input described in
clause (i) found by the administering
authority, or by any investigating
authority of a third country, to be
selling an identical or comparable
input for less than fair market value
in the respective country;
``(IV) a government or public body
operating within the territory of the
exporting country or in any other
country; or
``(V) a group of governments or
public bodies that collectively account
for a meaningful share of the
production of the input in the
exporting country or in any other
country.''.
TITLE III--PREVENTING CIRCUMVENTION
SEC. 301. MODIFICATION OF REQUIREMENTS IN CIRCUMVENTION INQUIRIES.
(a) In General.--Section 781 of the Tariff Act of 1930 (19 U.S.C.
1677j) is amended by striking subsection (f) and inserting the
following:
``(f) Procedures for Conducting Circumvention Inquiries.--
``(1) Initiation by administering authority.--A
circumvention inquiry shall be initiated whenever the
administering authority determines, from information available
to it, that a formal inquiry is warranted into the question of
whether the elements necessary for a determination under this
section exist.
``(2) Initiation by inquiry request.--
``(A) In general.--A circumvention inquiry shall be
initiated whenever an interested party files an inquiry
request that alleges the elements necessary for a
determination under this section, accompanied by
information reasonably available to the requestor
supporting those allegations.
``(B) Rules.--The administering authority shall
specify requirements for the contents and service of an
inquiry request under subparagraph (A).
``(3) Action with respect to inquiry request.--
``(A) In general.--Not later than 30 days after the
filing of an inquiry request under paragraph (2)(A),
the administering authority shall--
``(i) initiate a circumvention inquiry;
``(ii) dismiss the inquiry request as
inadequate and notify the requestor in writing
of the reasons for the dismissal; or
``(iii) notify all interested parties that
the inquiry request will be addressed through a
determination (other than a determination under
this section) by the administering authority as
to whether a particular type of merchandise is
within the class or kind of merchandise
described in an existing finding of dumping or
an antidumping or countervailing duty order.
``(B) Extension.--The administering authority may
extend the deadline under subparagraph (A) by a period
not to exceed 15 days.
``(4) Determinations.--
``(A) Preliminary determinations.--
``(i) In general.--Except as provided in
clause (ii), not later than 90 days after the
date on which the initiation of a circumvention
inquiry under paragraph (1) or (3)(A) is
published, the administering authority shall
make a preliminary determination, based on the
information available to it at the time of the
determination, of whether there is a reasonable
basis to believe or suspect that the
merchandise subject to the inquiry is
circumventing an existing finding of dumping or
an antidumping or countervailing duty order.
``(ii) Extension.--The administering
authority may extend the deadline under clause
(i) by a period not to exceed 45 days.
``(B) Final determinations.--
``(i) In general.--Except as provided in
clause (ii), not later than 120 days after the
date on which the preliminary determination is
published under subparagraph (A) with respect
to a circumvention inquiry, the administering
authority shall make a final determination of
whether the merchandise subject to the inquiry
is circumventing an existing finding of dumping
or an antidumping or countervailing duty order.
``(ii) Extension.--The administering
authority may extend the deadline under clause
(i) by a period not to exceed 60 days.
``(C) Other class or kind determinations.--If an
inquiry request under paragraph (2)(A) is addressed
through a class or kind determination described in
paragraph (3)(C), the administering authority shall
make such determination not later than 335 days after
the filing of the inquiry request.
``(5) Rule of construction.--The administering authority
may simultaneously initiate a circumvention inquiry under
paragraph (1) or (3)(A) and issue a preliminary determination
under paragraph (4)(A) if the pattern of circumvention alleged
is similar to that of a prior final determination by the
administering authority.''.
(b) Suspension of Liquidation and Collection of Deposits of Entries
Subject to Circumvention Inquiry; Application of Circumvention
Determination.--Section 781 of the Tariff Act of 1930 (19 U.S.C. 1677j)
is further amended by adding at the end the following:
``(g) Suspension of Liquidation and Collection of Deposits of
Entries Subject to Circumvention Inquiry.--
``(1) In general.--If the administering authority initiates
a circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f), for each unliquidated entry of merchandise
subject to the circumvention inquiry entered or withdrawn from
warehouse, that is already suspended, the administering
authority shall order--
``(A) the continued suspension of liquidation of
such entries; and
``(B) the continued posting of a cash deposit in an
amount equal to the antidumping duty or countervailing
duty applicable for such entries.
``(2) Preliminary determination.--If the administering
authority issues a preliminary affirmative determination under
paragraph (4)(A) of subsection (f), the administering authority
shall order--
``(A) the suspension, or continued suspension, of
liquidation of all entries of merchandise subject to
the circumvention inquiry entered, or withdrawn from
warehouse, for consumption on or after the date of
publication of the notice of initiation of
circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f);
``(B) the suspension, or continued suspension, of
liquidation of all entries of merchandise subject to
the circumvention inquiry entered, or withdrawn from
warehouse, for consumption prior to the date of
publication of the notice of initiation of
circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f) if the administering authority
determines, in light of the circumstances, that such
suspension under this paragraph is warranted; and
``(C) the posting, or continued posting, of a cash
deposit in an amount equal to the antidumping duty or
countervailing duty applicable, for each entry of
merchandise described in subparagraphs (A) and (B).
``(3) Final determination.--If the administering authority
issues a final affirmative determination under paragraph (4)(B)
of subsection (f), the administering authority shall order--
``(A) the suspension, or continued suspension, of
liquidation of all entries of merchandise subject to
the circumvention inquiry entered, or withdrawn from
warehouse, for consumption on or after the date of
publication of the notice of initiation of
circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f);
``(B) the suspension, or continued suspension, of
liquidation of all entries of merchandise subject to
the circumvention inquiry entered, or withdrawn from
warehouse, for consumption prior to the date of
publication of the notice of initiation of
circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f) if the administering authority
determines, in light of the circumstances, that such
suspension under this paragraph is warranted; and
``(C) the posting, or continued posting, of a cash
deposit in an amount equal to the antidumping duty or
countervailing duty applicable, for each entry of
merchandise described in subparagraphs (A) and (B).
``(4) Rule of construction.--Nothing in this section shall
be construed to prevent the administering authority from
applying the requirements under this subsection in a class or
kind determination described in subsection (f)(3)(C).
``(h) Application of Circumvention Determination.--
``(1) In general.--The administering authority shall
consider the appropriate remedy to address circumvention and to
prevent evasion of the order pursuant to a determination
described in subsections (4)(f)(A) and (B). Such remedies may
include the following:
``(A) The application of the determination on a
producer-specific, exporter-specific, importer-specific
basis, or some combination thereof, and, as
appropriate, the implementation of a certification
requirement under section 785.
``(B) The application of the determination on a
countrywide basis to all products from the same
country, regardless of producer, exporter, or importer
of those products, and, as appropriate, the
implementation of a certification requirement under
section 785.
``(2) Exemption for certification.--When a certification
requirement is implemented under this paragraph and the
eligible importer or other party complies with that
requirement, antidumping and countervailing duties under this
title may not be applied to the merchandise under
certification.''.
(c) Publication in the Federal Register.--Section 777(i) of the
Tariff Act of 1930 is amended by adding at the end the following:
``(4) Circumvention inquiries.--Whenever the administering
authority makes a determination under section 781 whether to
initiate a circumvention inquiry, or makes a preliminary or
final determination under subsection (f)(4) of that section,
the administering authority shall publish the facts and
conclusions supporting that determination and shall publish
notice of that determination in the Federal Register.''.
(d) Adding Verification Responses in Circumvention Inquiries.--
Section 782(i) of the Tariff Act of 1930 (19 U.S.C. 1677m(i)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)(B), by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following:
``(4) a final determination in a circumvention inquiry
conducted pursuant to section 781 if good cause for
verification is shown.''.
SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF CERTIFICATION BY
IMPORTER OR OTHER PARTY.
(a) In General.--Subtitle D of title VII of the Tariff Act of 1930
(19 U.S.C. 1677 et seq.), as amended by section 103(a), is further
amended by adding at the end the following:
``SEC. 785. REQUIREMENT FOR CERTIFICATION BY IMPORTER OR OTHER PARTY.
``(a) Requirement.--
``(1) In general.--For imports of merchandise into the
customs territory of the United States, the administering
authority may require an importer or other party--
``(A) to provide by electronic means, at the time
of entry or with the entry summary, a certification
described in paragraph (2);
``(B) to maintain that certification; or
``(C) to otherwise demonstrate compliance with the
requirements for that certification.
``(2) Certification described.--A certification described
in this paragraph is a certification by the importer of the
merchandise or other party, as required by the administering
authority, that among other things--
``(A) the merchandise is not subject to an
antidumping or countervailing duty proceeding under
this title; and
``(B) the inputs used in production,
transformation, or processing of the merchandise are
not subject to an antidumping or countervailing duty
under this title.
``(3) Available upon request.--A certification required by
the administering authority under paragraph (1), if not already
provided, shall be made available upon request to the
administering authority or the Commissioner of U.S. Customs and
Border Protection (in this section referred to as the
`Commissioner').
``(b) Authority To Collect Cash Deposits and To Assess Duties.--
``(1) In general.--If the administering authority requires
an importer or other party to provide a certification described
in paragraph (2) of subsection (a) for merchandise imported
into the customs territory of the United States pursuant to
paragraph (1) of that subsection, and the importer or other
party does not provide that certification or that certification
contains any false, misleading, or fraudulent statement or
representation or any material omission, the administering
authority shall instruct the Commissioner--
``(A) to suspend liquidation of the entry;
``(B) to require that the importer or other party
post a cash deposit in an amount equal to the
antidumping duty or countervailing duty applicable to
the merchandise; and
``(C) to assess the appropriate rate of duty upon
liquidation or reliquidation of the entry.
``(2) Assessment rate.--If no rate of duty for an entry is
available at the time of assessment under paragraph (1)(C), the
administering authority shall identify the applicable cash
deposit rate to be applied to the entry, with the applicable
duty rate to be provided as soon as the duty rate becomes
available.
``(c) Penalties.--If the administering authority requires an
importer or other party to provide a certification described in
paragraph (2) of subsection (a) for merchandise imported into the
customs territory of the United States pursuant to paragraph (1) of
that subsection, and the importer or other party does not provide that
certification or that certification contains any false, misleading, or
fraudulent statement or representation or any material omission, the
importer of the merchandise may be subject to a penalty pursuant to
section 592 of this Act, section 1001 of title 18, United States Code,
or any other applicable provision of law.''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930, as amended by section 103(b), is further amended by inserting
after the item relating to section 784 the following:
``Sec. 785. Requirement for certification by importer or other
party.''.
SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPARTMENT OF COMMERCE
REGARDING DETERMINATIONS OF CLASS OR KIND OF MERCHANDISE.
(a) Determinations of Class or Kind of Merchandise.--To determine
whether merchandise imported into the United States is within the class
or kind of merchandise covered by an antidumping or countervailing duty
proceeding under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et
seq.), the administering authority may use any reasonable method and is
not bound by the determinations of any other Federal department or
agency, including tariff classification and country of origin marking
rulings issued by the Commissioner of U.S. Customs and Border
Protection. Class or kind determinations may be made under this section
or under section 781 in accordance with the criteria set forth in this
section or in section 781.
(b) Origin of Merchandise.--To determine the origin of merchandise
for purposes of an antidumping or countervailing duty proceeding under
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the
administering authority may apply any reasonable method and may
consider relevant factors, including--
(1) whether the upstream and downstream products are within
the same class or kind of merchandise;
(2) whether an essential characteristic of the merchandise,
or an essential component thereof, is substantially transformed
in the country of exportation;
(3) the physical characteristics of the merchandise;
(4) the value added, nature, and sophistication of
processing in the third country or countries;
(5) the level of investment in the third country or
countries; and
(6) any other factors that the administering authority
considers appropriate.
(c) Reviewable Determinations.--Section 516A(a)(2)(A)(ii) of the
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)(A)(ii)) is amended to read as
follows:
``(ii) the date of publication in the
Federal Register of notice of a determination
described in clause (iv) of subparagraph (B),
or, if no such notice is published, the date on
which the administering authority conveys a
copy of such determination to an interested
party who is a party to the proceeding,''.
SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.
(a) In General.--Part III of title IV of the Tariff Act of 1930 (19
U.S.C. 1481 et seq.) is amended by inserting after section 484b the
following:
``SEC. 484C. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.
``(a) Definitions.--In this section:
``(1) Importer; nonresident importer.--The terms `importer'
and `nonresident importer' have the meanings given those terms
in section 641(i).
``(2) Resident importer.--The term `resident importer'
means any importer other than a nonresident importer.
``(b) Requirements for Nonresident Importers.--Except as provided
in subsection (c), the Commissioner of U.S. Customs and Border
Protection shall--
``(1) require a nonresident importer that imports
merchandise into the United States to maintain assets in the
United States sufficient to pay all duties that may potentially
be applied to the merchandise; and
``(2) require a bond with respect to the merchandise in an
amount sufficient to ensure full liability on the part of a
nonresident importer and the surety of the importer based on
the amount of assets the Commissioner determines to be
sufficient under subsection (c).
``(c) Determination of Amount of Assets Required To Be
Maintained.--For purposes of subsection (b)(1), the Commissioner shall
calculate the amount of assets sufficient to pay all duties that may
potentially be applied to merchandise imported by a nonresident
importer, calculated using the declared customs value of the
merchandise, of all duties, fees, interest, taxes, or other charges,
and all deposits for duties, fees, interest, taxes, or other charges,
that would apply with respect to the merchandise if the merchandise
were subject to the highest rate of all duties applicable to such
imported merchandise.
``(d) Maintenance of Assets in the United States.--
``(1) In general.--For purposes of subsection (b)(1), a
nonresident importer of merchandise meets the requirement to
maintain assets in the United States if the importer has clear
title, at all times between the entry of the merchandise and
the liquidation of the entry and payment in full of all
corresponding bills issued as a result of the liquidation, to
assets described in paragraph (2) with a value equal to the
amount determined under subsection (c).
``(2) Assets described.--An asset described in this
paragraph is--
``(A) an asset held by a United States financial
institution;
``(B) an interest in an entity organized under the
laws of the United States or any jurisdiction within
the United States; or
``(C) an interest in real or personal property
located in the United States or any territory or
possession of the United States.
``(e) Exceptions.--The requirements of this section shall not apply
with respect to a nonresident importer--
``(1) that is a validated Tier 2 or Tier 3 participant in
the Customs-Trade Partnership Against Terrorism program
established under subtitle B of title II of the Security and
Accountability For Every Port Act of 2006 (6 U.S.C. 961 et
seq.); or
``(2) if the Commissioner is satisfied, based on certified
information supplied by the importer and any other relevant
evidence, that the Commissioner has the same or equivalent
ability to collect all duties that may potentially be applied
to merchandise imported by the importer as the Commissioner
would have if the importer were a resident importer.
``(f) Procedures.--
``(1) In general.--The Commissioner shall prescribe
procedures for assuring that nonresident importers maintain the
assets required by subsection (b).
``(2) Deadline.--The Commissioner shall ensure the
procedures required by paragraph (1) are prescribed and in
effect not later than 90 days after the date of the enactment
of this Act.
``(g) Penalties.--
``(1) In general.--It shall be unlawful for any person to
import into the United States any merchandise in violation of
this section.
``(2) Civil penalties.--Any person who violates paragraph
(1) shall--
``(A) in the case of merchandise described in such
paragraph with a domestic value that is equal to or
greater than $50,000, be liable for a civil penalty of
$50,000 for each such violation; or
``(B) in the case of merchandise described in such
paragraph with a domestic value that is less than
$50,000, be liable for a civil penalty equal to 50
percent of the amount of such domestic value for each
such violation.
``(3) Other penalties.--In addition to the penalties
specified in paragraph (2), any violation of this section that
violates any other provision of the customs and trade laws of
the United States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
4301)) shall be subject to any applicable civil or criminal
penalty, including seizure and forfeiture, that may be imposed
under that provision or title 18, United States Code.''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930 is amended by inserting after the item relating to section 484b
the following:
``Sec. 484c. Asset requirements applicable to nonresident importers.''.
(c) Effective Date.--Section 484c of the Tariff Act of 1930, as
added by subsection (a)--
(1) takes effect on the date of the enactment of this Act;
and
(2) applies with respect to merchandise entered, or
withdrawn from warehouse for consumption, on or after the date
that is 180 days after such date of enactment.
TITLE IV--COUNTERING CURRENCY UNDERVALUATION
SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION UNDER
COUNTERVAILING DUTY LAW.
Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is
amended by adding at the end the following:
``(6) Currency undervaluation.--For purposes of a
countervailing duty investigation under this subtitle in which
the determinations under clauses (i) and (ii) of paragraph
(1)(A) are affirmative and the petition includes an allegation
of currency undervaluation by the government of a country or
any public entity within the territory of a country that meets
the requirements of clause (i) of that paragraph, or for
purposes of a review under subtitle C with respect to a
countervailing duty order involving such an allegation, the
administering authority shall examine in its investigation or
review whether currency undervaluation by the government of a
country or any public entity within the territory of a country
is providing, directly or indirectly, a countervailable
subsidy.''.
SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO CURRENCY
UNDERVALUATION.
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E))
is amended--
(1) in clause (iii), by striking ``, and'' and inserting a
comma;
(2) in clause (iv), by striking the period at the end and
inserting ``, and'';
(3) by inserting after clause (iv) the following:
``(v) in the case of a transaction involving currency, if there is
a difference between the amount of currency received in exchange for
United States dollars and the amount of currency that the recipient
would have received absent an undervalued currency.''; and
(4) in the flush text following clause (v), as added by
paragraph (3), by adding at the end the following: ``For
purposes of clause (v), a determination of the existence and
amount of a benefit from the exchange of an undervalued
currency shall take into account a comparison of the exchange
rates derived from a methodology determined by the
administering authority to be appropriate in light of the facts
and circumstances to the relevant actual exchange rates. That
determination shall rely on authoritative information that is
on the administrative record.''.
TITLE V--PREVENTING DUTY EVASION
SEC. 501. LIMITATION ON PROTEST AGAINST DECISIONS OF U.S. CUSTOMS AND
BORDER PROTECTION OF CLAIMS OF EVASION OF ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS.
The Tariff Act of 1930 is amended--
(1) in section 514(b) (19 U.S.C. 1514(b))--
(A) by striking ``title, determinations'' and
inserting ``title, or with respect to determinations
made under section 517 of this title which are
reviewable under subsection (g) of such section,
determinations''; and
(B) by inserting after ``a determination listed in
section 516A of this title'' the following: ``or a
determination listed in section 517 of this title, as
the case may be,''; and
(2) in section 517(h) (19 U.S.C. 1517(h)), by adding at the
end before the period the following: ``, except that any
decision as to the liquidation or reliquidation of an entry of
covered merchandise in accordance with a determination under
subsection (c) and review under subsection (f), if applicable,
shall not be subject to a protest of such decision filed in
accordance with section 514''.
SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF SAFEGUARD
ACTIONS.
(a) Tariff Act of 1930.--Section 517 of the Tariff Act of 1930 (19
U.S.C. 1517) is amended--
(1) in the section heading, by adding at the end before the
period the following: ``and safeguard actions'';
(2) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) an action taken under section 203 of the
Trade Act of 1974 (19 U.S.C. 2253).''; and
(B) in paragraph (5)(A), by inserting after
``applicable antidumping or countervailing duties'' the
following: ``or any applicable safeguard action'';
(3) in subparagraphs (A) and (B) of subsection (b)(4), by
inserting after ``covered merchandise'' each place it appears
the following: ``under subparagraph (A) or (B) of subsection
(a)(3)''; and
(4) in subsection (d)(1)--
(A) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting after ``(C)'' the following: ``if the
determination relates to covered merchandise
under subparagraph (A) or (B) of subsection
(a)(3),''; and
(ii) in clause (i), by inserting after
``subparagraphs (A) and (B)'' the following:
``of this paragraph''; and
(B) in subparagraph (D)--
(i) by inserting after ``(D)'' the
following: ``if the determination relates to
covered merchandise under subparagraph (A) or
(B) of subsection (a)(3),''; and
(ii) by inserting after ``subparagraphs (A)
and (B)'' the following: ``of this paragraph''.
(b) Trade Facilitation and Trade Enforcement Act of 2015.--The
Trade Facilitation and Trade Enforcement Act of 2015 is amended--
(1) in section 402 (19 U.S.C. 4361)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) an action taken under section 203 of the
Trade Act of 1974 (19 U.S.C. 2253).'';
(B) in paragraph (5), by inserting after
``applicable antidumping or countervailing duties'' the
following: ``or any applicable safeguard action''; and
(C) in paragraph (7), by adding at the end before
the period the following: ``and chapter 1 of title II
of the Trade Act of 1974 (19 U.S.C. 2251 et seq.)'';
and
(2) in section 412 (19 U.S.C. 4372)--
(A) in subsection (a)(2)--
(i) by redesignating subparagraphs (A),
(B), and (C) as subparagraphs (B), (C), and
(D), respectively; and
(ii) by inserting before subparagraph (B),
as redesignated, the following:
``(A) a person reasonably suspected of entering
covered merchandise into the customs territory of the
United States through evasion'';''; and
(B) in subsection (b)(1)--
(i) in subparagraph (B)--
(I) by redesignating clauses (i),
(ii), and (iii) as clauses (ii), (iii),
and (iv), respectively; and
(II) by inserting before clause
(ii), as redesignated, the following:
``(i) a person from whom information was
requested pursuant to subsection (a)(2)(A);'';
and
(ii) in subparagraph (C), by striking
``clause (ii) or (iii)'' and inserting ``clause
(i), (iii), or (iv)''.
SEC. 503. APPLICATION OF PROVISIONS RELATING TO CERTAIN PROPRIETARY
INFORMATION.
(a) In General.--Section 517 of the Tariff Act of 1930 (19 U.S.C.
1517), as amended by section 502(a), is further amended by adding at
the end the following:
``(i) Application of Provisions Relating to Certain Proprietary
Information.--
``(1) In general.--Except as provided in paragraph (2), the
provisions of subsections (b), (c), and (d) of section 777,
relating to information submitted in connection with
proceedings under title VII of this Act, shall apply with
respect to information submitted in connection with proceedings
under this section to the same extent and in the same manner as
such provisions apply to information submitted in connection
with proceedings under such title VII.
``(2) Exceptions.--In carrying out paragraph (1), the
provisions of subsections (b), (c), and (d) of section 777
shall be applied and administered as follows:
``(A) By substituting `the Commissioner' for `the
administering authority or the Commission' and `the
administering authority and the Commission' each place
either such term appears.
``(B) Paragraphs (1)(A)(ii) and (3) of such
subsection (b) shall not apply.
``(C) The second and third sentences of such
subsection (c)(1)(A) shall not apply.
``(D) In such subsection (c)--
``(i) in paragraph (1)--
``(I) in subparagraph (B), by
substituting `determine to be
appropriate' for `determine to be
appropriate, including disbarment from
practice before the agency'; and
``(II) in subparagraph (C)--
``(aa) in clause (i), by
substituting `14 days' for `14
days (7 days if the submission
pertains to a proceeding under
section 703(a) or 733(a))'; and
``(bb) in the text
following clause (ii)(II), by
substituting `30 days' for `30
days (10 days if the submission
pertains to a proceeding under
section 703(a) or 733(a))'; and
``(ii) in paragraph (2), by substituting
`United States Court of International Trade'
for `United States Customs Court'.''.
(b) Regulations.--The Commissioner of U.S. Customs and Border
Protection shall prescribe such regulations as may be necessary to
implement subsection (i) of section 517 of the Tariff Act of 1930 (19
U.S.C. 1517), as added by subsection (a).
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act.
TITLE VI--GENERAL PROVISIONS
SEC. 601. APPLICATION TO CANADA AND MEXICO.
Pursuant to section 418 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4588), the amendments made by
this Act apply with respect to goods from Canada and Mexico.
SEC. 602. REPEAL OF THE SOFTWOOD LUMBER ACT OF 2008.
The second title VIII of the Tariff Act of 1930 (19 U.S.C. 1683 et
seq.; relating to softwood lumber), as added by section 3301 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 1844), is repealed.
SEC. 603. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided and except as
provided by subsection (b) or (c), the amendments made by this Act
apply to countervailing duty investigations initiated under subtitle A
of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.),
antidumping duty investigations initiated under subtitle B of title VII
of such Act (19 U.S.C. 1673 et seq.), reviews initiated under subtitle
C of title VII of such Act (19 U.S.C. 1675 et seq.), circumvention
inquiries requested under section 781 of such Act (19 U.S.C. 1677j),
class or kind determinations under section 303 of this Act, claims of
evasion of antidumping and countervailing duty orders initiated under
the Tariff Act of 1930, and claims of evasion of safeguard actions
initiated under the Tariff Act of 1930 on or after the date of the
enactment of this Act.
(b) Applicability.--
(1) In general.--The amendments made by this Act apply to--
(A) investigations or reviews under title VII of
the Tariff Act of 1930 pending on the date of the
enactment of this Act if the date on which the fully
extended preliminary determination is scheduled is not
earlier than 45 days after such date of enactment,
except that section 784 of the Tariff Act of 1930, as
added by section 103 of this Act, shall not apply to
investigations under title VII of the Tariff Act of
1930 that are pending on such date of enactment;
(B) circumvention inquiries under section 781 of
the Tariff Act of 1930 pending on such date of
enactment, if the date of publication of the initiation
of the inquiry is not earlier than 45 days before such
date of enactment; and
(C) circumvention inquiries requested under such
section 781 but not initiated before such date of
enactment.
(2) Deadlines for circumvention inquiries.--
(A) Determinations.--In the case of a circumvention
inquiry described in paragraph (1)(B), subsection
(f)(4) of section 781 of the Tariff Act of 1930, as
amended by section 301(a), shall be applied and
administered--
(i) in subparagraph (A)(i), by substituting
``the date of the enactment of the Eliminating
Global Market Distortions to Protect American
Jobs Act of 2021'' for ``the date on which the
initiation of a circumvention inquiry under
paragraph (1) or (3)(A) is published''; and
(ii) in subparagraph (C), by substituting
``the date of the enactment of the Eliminating
Global Market Distortions to Protect American
Jobs Act of 2021'' for ``the filing of the
inquiry request''.
(B) Actions with respect to inquiry requests.--In
this case of a circumvention inquiry described in
paragraph (1)(C), the administering authority (as
defined in section 771(1) of the Tariff Act of 1930 (19
U.S.C. 1677(1))) shall, not later than 45 days after
the date of the enactment of this Act, take an action
described in subsection (f)(3) of section 781 of the
Tariff Act of 1930, as amended by section 301, with
respect to the inquiry.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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