Leveling the Playing Field 2.0 Act
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) 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 statutorily establishes procedures for Commerce to conduct circumvention inquiries, including by specifying the deadlines for preliminary and final determinations.
The bill also provides statutory authority for Commerce to investigate currency undervaluation as a countervailable subsidy.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3882 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3882
To amend the Tariff Act of 1930 to improve the administration of
antidumping and countervailing duty laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2023
Ms. Sewell (for herself, Mr. Johnson of Ohio, Mr. Mrvan, and Ms. Van
Duyne) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to improve the administration of
antidumping and countervailing duty laws, and for other purposes.
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 ``Leveling the
Playing Field 2.0 Act''.
(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 normal value to account for
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 merchandise covered by
antidumping and countervailing duty
proceedings.
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. 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, including
whether the imports are likely
to lead to the continuation or
recurrence of material injury
determined by the Commission in
any concurrent investigation or
recently completed
investigation; and
``(cc) 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
consider 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 paragraph (7)(E) and sections 702(f), 732(f), and
784:
``(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 class or kind
of merchandise that are the same or similar to imports
of a class or kind of merchandise 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 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 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 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 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 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) upon receipt of an allegation by the
petitioner pursuant to section 703(e), shall make a
determination under section 703(e) with respect to the
investigation;
``(D) shall issue a final determination under
section 705(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(E) 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) upon receipt of an allegation by the
petitioner pursuant to section 733(e), shall make a
determination under section 733(e) with respect to the
investigation;
``(D) shall issue a final determination under
section 735(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(E) may extend the date of the final
determination under section 735(a)(2) if requested by
the petitioner.''.
(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 ``Treatment of
International Consortia'' and inserting ``Cumulation of Cross-
Border Subsidies'';
(2) by striking ``For purposes'' and inserting the
following:
``(1) International consortia and multinational
corporations.--For purposes'';
(3) in paragraph (1), as designated by paragraph (2)--
(A) 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
(B) by inserting after ``the international
consortium'' the following: ``or multinational
corporation''; 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 by a government
of a third country or any public entity within the
territory of a third country with respect to the
manufacture, production, or export of a class or kind
of merchandise that is produced, exported, or sold (or
likely to be sold) for importation into the United
States from the territory of the subject country, and
the government of the subject country or any public
entity within the territory of the subject 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
country or a public entity within the territory of the
subject 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 country.
``(B) Application.--This paragraph shall be applied
in a manner consistent with the international
obligations of the United States.''.
(b) Definitions.--Section 771 of the Tariff Act of 1930 (19 U.S.C.
1677) is amended--
(1) in paragraph (5A), by inserting after subparagraph (D)
the following:
``(E) Transnational subsidy.--In determining
whether a transnational subsidy is a specific subsidy,
in law or in fact, the administering authority shall
examine the situation in the subject country based on
subparagraphs (B), (C), and (D).'';
(2) in paragraph (9)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``, and''; and
(C) by adding at the end the following:
``(H) in any proceeding under subtitle A involving
a transnational subsidy, the government of the third
country.''; and
(3) by adding at the end the following:
``(38) Multinational corporation.--The term `multinational
corporation' means a person, firm, or corporation that owns or
controls, directly or indirectly, facilities for the production
of subject merchandise in two or more foreign countries.''.
(c) Upstream Subsidies.--Section 771A of the Tariff Act of 1930 (19
U.S.C. 1677-1) is amended by adding at the end the following:
``(d) Multinational Corporations.--
``(1) In general.--This section shall apply to purchases of
input products by multinational corporations if--
``(A) the multinational corporation manufactures or
produces merchandise in a country that is the subject
of a countervailing duty proceeding;
``(B) the multinational corporation purchases the
input product from a cross-owned company located in a
third country with respect to which the administering
authority has made an affirmative determination under
section 703(b)(1) or 705(a)(1) with respect to a
countervailable subsidy provided--
``(i) for the manufacture, production, or
exportation of that input product; or
``(ii) to that cross-owned company; and
``(C) in the judgment of the administering
authority, the countervailing subsidy described in
subparagraph (B) bestows a competitive benefit on that
merchandise.
``(2) Timing of subsidy.--If a countervailable subsidy is
provided to a multinational corporation or a cross-owned
company that did not exist at the time the administering
authority made an affirmative determination described in
paragraph (1)(B), the administering authority is not precluded
from examining the subsidy under paragraph (1).
``(3) Application.--This subsection shall be applied in a
manner consistent with the international obligations of the
United States.
``(4) Definitions.--In this subsection:
``(A) Cross-owned company; multinational
corporation.--The terms `cross-owned company' and
`multinational corporation' have the meanings given
those terms as defined by the administering authority
by regulation.
``(B) Upstream subsidy.--The term `upstream
subsidy' has the meaning given that term in subsection
(a), except that the term shall include an export
subsidy.''.
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 section
771(16) is insufficient to establish 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 NORMAL VALUE TO ACCOUNT FOR
DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUNTRIES.
(a) Normal Value.--
(1) In general.--Section 773(b)(3) of the Tariff Act of
1930 (19 U.S.C. 1677b(b)(3)) is amended--
(A) in subparagraph (A), by striking ``business''
and inserting ``trade''; and
(B) in the flush text after 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
reasonably 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.''.
(2) Reflection of costs of production.--Section 773(e) of
the Tariff Act of 1930 (19 U.S.C. 1677b(e)) is amended, in the
first sentence of the flush text after paragraph (3), by
striking ``accurately'' and inserting ``reasonably''.
(b) Modification of Definition of Ordinary Course of Trade.--
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)(C)) is
amended--
(1) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and moving those
clauses, as so redesignating, two ems to the right;
(2) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(3) in subparagraph (A), as designated by paragraph (2), in
clause (iii), as redesignated by paragraph (1)--
(A) by striking ``that the particular market
situation prevents'' and inserting ``that a particular
market situation exists that--
``(I) prevents'';
(B) in subclause (I), as designated by subparagraph
(A), by striking the period at the end and inserting
``, relating to normal value determined under
subsection (a) of section 773; or''; and
(C) by adding at the end the following:
``(II) distorts costs of
production, relating to normal value
determined under subsections (b) and
(e) of section 773.''; and
(4) by adding at the end the following:
``(B) Cost of production.--For purposes of making a
determination under subparagraph (A)(iii)(II) with
respect to subject merchandise, the administering
authority shall determine that a particular market
situation exists that distorts costs of production if a
particular market situation exists such that the cost
of materials and fabrication or other processing of any
kind does not reasonably reflect the cost of production
in the ordinary course of trade.''.
(c) Definition of Particular Market Situation.--Section 771 of the
Tariff Act of 1930 (19 U.S.C. 1677), as amended by sections 101(b) and
201(b)(3), is further amended by adding at the end the following:
``(39) Particular market situation.--
``(A) In general.--The term `particular market
situation' means a certain circumstance or set of
circumstances that the administering authority
determines either prevents a proper comparison of
prices in the comparison market with the export price
or constructed export price or distorts the costs of
production of the subject merchandise.
``(B) Distortion of costs of production.--
``(i) Examples of distortions of costs of
production that may create a particular market
situation.--Examples of circumstances that are
likely to distort the costs of production and
thus are deemed to create a particular market
situation for subject merchandise for purposes
of subparagraph (A) include the following
circumstances:
``(I) An input into the production
of subject merchandise is produced in
such amounts that there is more supply
than demand in international markets
for the input.
``(II) A foreign government, a
state-owned enterprise, or any other
public body is the predominant producer
or supplier of an input into the
production of subject merchandise.
``(III) A foreign government
intervenes in the market for an input
into the production of subject
merchandise.
``(IV) A foreign government limits
exports of an input into the production
of subject merchandise.
``(V) A foreign government imposes
export taxes on an input into the
production of subject merchandise.
``(VI) A foreign government exempts
an importer, producer, or exporter of
subject merchandise from paying duties
or taxes associated with trade remedies
established by the foreign government
relating to an input into the
production of subject merchandise.
``(VII) A foreign government
rebates duties or taxes paid by an
importer, producer, or exporter of
subject merchandise associated with
trade remedies established by the
foreign government related to an input
into the production of subject
merchandise.
``(VIII) A foreign government
provides financial assistance or
support to the producer or exporter of
subject merchandise, or to a producer
or supplier of an input into the
production of subject merchandise.
``(IX) A foreign government takes
action that influences the production
of subject merchandise or an input into
the production of subject merchandise,
such as domestic content and technology
transfer requirements.
``(X) A foreign government does not
enforce its property (including
intellectual property), human rights,
labor, or environmental protection laws
and policies, or those laws and
policies are otherwise shown to be
ineffective with respect to either a
producer or exporter of subject
merchandise, or to a producer or
supplier of an input into the
production of subject merchandise in
the subject country.
``(XI) A foreign government does
not implement property (including
intellectual property), human rights,
labor, or environmental protection laws
and policies.
``(XII) A business relationship
between one or more producers of
subject merchandise and suppliers of
inputs to the production of subject
merchandise is such that prices of the
inputs are not determined in accordance
with general market principles, such as
through a strategic alliance or
noncompetitive arrangement.
``(ii) Distortions caused by particular
market situations need not be quantified.--If
the administering authority determines the
existence of a particular market situation
under subparagraph (A) but cannot measure the
distortions caused by that particular market
situation on prices or costs in the exporting
country, the administering authority is not
required to quantify those distortions and may
use any available information and methodology
to address those distortions in its analysis
and calculations.
``(iii) Particular market situations may
exist in multiple countries.--
``(I) In general.--The same market
situation, or a similar market
situation, that distorts the costs of
production of the subject merchandise
can exist in multiple countries or
markets and still be considered
particular if the administering
authority determines that a market
situation exists that distorts costs of
production for certain products or
parties in the subject country.
``(II) No limitation.--There is no
limitation to the number of products or
parties that may be impacted by a
particular market situation.
``(C) Other factors.--In finding that a particular
market situation exists, or in using another
calculation methodology under this paragraph, the
administering authority is not required to consider--
``(i) the costs or prices that would
otherwise exist in the ordinary course of trade
in the absence of the particular market
situation or any of its contributing
circumstances;
``(ii) whether there is any difference
between the particular market situation or any
of its contributing circumstances in the
exporting country as opposed to any other
country; or
``(iii) the length of time that the
particular market situation or any of its
contributing circumstances has existed.''.
SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF PRODUCTION AND
CONSTRUCTED VALUE TO ADDRESS DISTORTED COSTS.
Section 773(f)(3) of the Tariff Act of 1930 (19 U.S.C. 1677b(f)(3))
is amended--
(1) by striking ``If, in the case'' and inserting the
following:
``(A) Major inputs from affiliated persons.--If, in
the case''; and
(2) by adding at the end 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 person
described in clause (ii) involving a major
input to the merchandise, the administering
authority may value such major input based on
the information available regarding what the
amount would have been if the transaction had
occurred between the exporter or producer of
the merchandise and an unaffiliated person that
is not described in clause (ii) if that amount
is greater than the amount reflected in the
records of the exporter or producer of the
merchandise.
``(ii) Unaffiliated persons described.--An
unaffiliated person described in this clause
is--
``(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 countervailable subsidy
pertaining to an identical or
comparable input in the subject country
if there is no countervailing duty
imposed on the input pursuant to a
measure in effect in the exporting
country based upon a finding by the
investigating authority of the
exporting country that the producer or
supplier of the input described in
clause (i) received a countervailable
subsidy;
``(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 subject country if there is no
antidumping duty imposed on the input
pursuant to a measure in effect in the
exporting country based upon a finding
by the investigating authority of the
exporting country that the producer or
supplier sold the input described in
clause (i) for less than fair market
value into the subject country;
``(IV) a government or public body
within the territory of the exporting
country or any other country; or
``(V) a group of governments or
public bodies, or a combination
thereof, that collectively account for
a meaningful share of the production of
the input described in clause (i).
``(iii) Application.--Subclauses (I), (II),
and (III) of clause (ii) shall not apply to
inputs described in clause (i) that are
produced in the exporting 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).
``(C) Acceptance of communications.--The
administering authority shall not accept any
unsolicited oral or written communication from any
person other than the interested party filing an
inquiry request before the administering authority
decides whether to initiate an inquiry, except for
communications regarding the status of the
consideration of the inquiry request.
``(3) Action with respect to inquiry request.--
``(A) In general.--Subject to subparagraph (B), not
later than 45 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 under section 781A 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 if an interested party has placed
information on the record in response to the request
for a circumvention inquiry.
``(4) Determinations.--
``(A) Preliminary determinations.--
``(i) In general.--Except as provided in
clause (ii), not later than 150 days after the
date on which the administering authority
initiates a circumvention inquiry under
paragraph (1) or (3)(A), 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 60 days.
``(B) Final determinations.--
``(i) In general.--Except as provided in
clause (ii), not later than 150 days after
issuing a preliminary determination 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 65 days.
``(C) Other class or kind determinations.--If an
inquiry request under paragraph (2)(A) is addressed
through a class or kind determination under section
781A, the administering authority shall make such
determination not later than 335 days after the filing
of the inquiry request.
``(5) Rule of construction.--Nothing in this section shall
be construed to prevent the administering authority from
simultaneously initiating a circumvention inquiry under
paragraph (1) or (3)(A) and issuing a preliminary determination
under paragraph (4)(A).''.
(b) Suspension of Liquidation and Collection of Deposits of Entries
Subject to Circumvention Inquiry.--Section 781 of the Tariff Act of
1930 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) Initiation.--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 that was already subject
to the suspension of liquidation, the administering authority
shall order--
``(A) the continued suspension of liquidation of
such entry; and
``(B) the continued posting of a cash deposit, at
the prevailing all-others or country-wide rate, for
each such entry.
``(2) Preliminary determination.--If the administering
authority issues a preliminary affirmative determination under
paragraph (4)(A) of subsection (f) with respect to a
circumvention inquiry initiated under paragraph (1) or (3)(A)
of that subsection, the administering authority shall order--
``(A) the continued suspension of liquidation for
each unliquidated entry of merchandise subject to the
circumvention inquiry that was already subject to the
suspension of liquidation;
``(B) the suspension of liquidation for each
unliquidated entry of merchandise subject to the
circumvention inquiry not yet suspended that is
entered, or withdrawn from warehouse, for consumption
on or after the date of publication of the notice of
initiation of the circumvention inquiry;
``(C) the suspension of liquidation for each entry
of merchandise subject to the circumvention inquiry not
yet suspended that is entered, or withdrawn from
warehouse, for consumption before the date of
publication of the notice of initiation of the
circumvention inquiry if the administering authority
determines, under the circumstances, that suspension
under this subparagraph is warranted; and
``(D) 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 subparagraph (A), (B), or (C).
``(3) Final determination.--If the administering authority
issues a final affirmative determination under paragraph (4)(B)
of subjection (f) with respect to a circumvention inquiry
initiated under paragraph (1) or (3)(A) of that subsection, the
administering authority shall order--
``(A) the continued suspension of liquidation for
each unliquidated entry of merchandise subject to the
circumvention inquiry that was already subject to the
suspension of liquidation;
``(B) the suspension of liquidation of each entry
of merchandise subject to the circumvention inquiry
that is entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the
notice of initiation of the circumvention inquiry;
``(C) the suspension of liquidation of each entry
of merchandise subject to the circumvention inquiry
that is entered, or withdrawn from warehouse, for
consumption before the date of publication of the
notice of initiation of circumvention inquiry if the
administering authority determines, under the
circumstances, that suspension under this subparagraph
is warranted; and
``(D) 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 subparagraph (A), (B), or (C).
``(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 under section 781A.
``(h) Application of Circumvention Determination.--
``(1) In general.--The administering authority shall
consider the appropriate remedy to address circumvention and
prevent evasion of an order or finding pursuant to an
affirmative determination under subparagraph (A) or (B) of
subsection (f)(4).
``(2) Remedies considered.--Remedies considered under
paragraph (1) may include the following:
``(A) The application of the determination
described in paragraph (1) on a producer-specific,
exporter-specific, or importer-specific basis, or some
combination thereof, and, as the administering
authority determines appropriate, the implementation of
a certification requirement under section 785.
``(B) The application of the determination
described in paragraph (1) on a countrywide basis to
all merchandise from a particular country, regardless
of producer, exporter, or importer of that merchandise,
and, as the administering authority determines
appropriate, the implementation of a certification
requirement under section 785.
``(3) Exemption for merchandise under certification.--If a
certification requirement under section 785 is implemented
under this subsection and the importer or other party to which
the requirement is applied 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 (19 U.S.C. 1677f(i)) 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 a certification described in
paragraph (2) at the time of entry or with the entry
summary;
``(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, including a certification that--
``(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 Suspend Liquidation, Collect Cash Deposits and
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 MERCHANDISE COVERED BY ANTIDUMPING AND
COUNTERVAILING DUTY PROCEEDINGS.
(a) In General.--Subtitle D of title VII of the Tariff Act of 1930
(19 U.S.C. 1677 et seq.) is amended by inserting after section 781 the
following:
``SEC. 781A. DETERMINATIONS OF MERCHANDISE COVERED UNDER ANTIDUMPING OR
COUNTERVAILING DUTY PROCEEDING.
``(a) In General.--To determine whether merchandise imported into
the United States is covered by an antidumping or countervailing duty
proceeding under this title, the administering authority may use any
reasonable method and is not bound by the determinations of any other
Federal agency, including tariff classification and country of origin
marking rulings issued by the Commissioner of U.S. Customs and Border
Protection.
``(b) Class or Kind of Merchandise.--For purposes of this title,
determinations regarding whether merchandise is the same class or kind
may be made under this section or under section 781 in accordance with
the criteria set forth in this section or in section 781, as the case
may be.
``(c) Origin of Merchandise.--To determine the origin of
merchandise for purposes of an antidumping or countervailing duty
proceeding under this title, the administering authority may apply any
reasonable method and may consider relevant factors, including--
``(1) whether the processed downstream product is a
different class or kind of merchandise than the upstream
product;
``(2) the physical characteristics of the merchandise;
``(3) the intended end use of the downstream product;
``(4) the cost of production and the value added of further
processing in a third country or countries;
``(5) the nature and sophistication of processing in a
third country or countries;
``(6) the level of investment in a third country or
countries; and
``(7) any other factors that the administering authority
considers appropriate, including whether an essential
characteristic of the merchandise, or an essential component
thereof, is substantially transformed in the country of
exportation.''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930 is amended by inserting after the item relating to section 781
the following:
``Sec. 781A. Determinations of merchandise covered under antidumping or
countervailing duty proceeding.''.
(c) Reviewable Determinations.--Section 516A(a)(2)(A) of the Tariff
Act of 1930 (19 U.S.C. 1516a(a)(2)(A)) is amended--
(1) in clause (i)(I), by striking ``(iv),''; and
(2) by amending clause (ii) 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 based on an amount that exceeds the amount, calculated using
the fair market 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 duty
applicable to such merchandise imported from any country.
``(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, 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.--The Commissioner shall prescribe procedures for
assuring that nonresident importers maintain the assets required by
subsection (b).
``(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 and Application.--
(1) In general.--Section 484c of the Tariff Act of 1930, as
added by subsection (a)--
(A) takes effect on the date of the enactment of
this Act; and
(B) 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.
(2) Deadline for procedures.--The Commissioner of U.S.
Customs and Border Protection shall ensure the procedures
required under subsection (f) of section 484c of the Tariff Act
of 1930, as added by subsection (a), are prescribed and in
effect not later than 90 days after the date of the enactment
of this Act.
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 an exchange of an
undervalued currency under a unified exchange
rate, 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, and
whether there is government action on the exchange rate that
contributes to an undervaluation of the currency.''.
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.
(a) Expansion of Limitation.--Section 514(b) of the Tariff Act of
1930 (19 U.S.C. 1514(b)) is amended--
(1) by striking ``title, determinations'' and inserting
``title, or with respect to determinations made under section
517 of this title which are reviewable under section 517(g),
determinations''; and
(2) 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,''.
(b) Rule of Construction on Investigation of Claims of Evasion.--
Section 517(h) of the Tariff Act of 1930 (19 U.S.C. 1517(h)) is amended
by inserting before the period at the end 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 inserting ``and safeguard
actions'' after ``orders'';
(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 subsection (b)(4), in subparagraphs (A) and (B), by
inserting after ``covered merchandise'' each place it appears
the following: ``under subparagraph (A) or (B) of subsection
(a)(3)'';
(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 ``of this
paragraph'' after ``subparagraphs (A) and
(B)''; 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 ``of this paragraph''
after ``subparagraphs (A) and (B)''.
(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 inserting before the
period at the end 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 by clause (i), 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 by subclause (I),
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),
subsections (b), (c), and (d) of section 777, relating to
information submitted in connection with proceedings under
title VII, shall apply with respect to information submitted in
connection with proceedings under this section to the same
extent and in the same manner as those subsections may apply to
information submitted in connection with proceedings under
title VII.
``(2) Exceptions.--In carrying out paragraph (1),
subsections (b), (c), and (d) of section 777 shall be applied
and administered as follows:
``(A) By substituting `the Commissioner' for each
of the following terms each place those terms appear:
``(i) `the administering authority or the
Commission'.
``(ii) `the administering authority and the
Commission'.
``(iii) `the administering authority'.
``(B) Paragraphs (1)(A) 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. EFFECTIVE DATE.
(a) In General.--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.), and circumvention inquiries requested under section 781 of such
Act (19 U.S.C. 1677j), on or after the date of the enactment of this
Act.
(b) Applicability.--
(1) In general.--Except as provided in subsection (c), the
amendments made by this Act apply to--
(A) investigations or reviews under title VII of
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 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;
(B) circumvention inquiries initiated under section
781 of such Act (19 U.S.C. 1677j) before and pending on
such date of enactment; and
(C) circumvention inquiries requested under section
781 of such Act but not initiated before such date of
enactment.
(2) Deadlines for circumvention inquiries.--
(A) Determinations.--In this case of a
circumvention inquiry described in paragraph (1)(B),
subsection (f)(4) of section 781 of the Tariff Act of
1930 (19 U.S.C. 1677j), 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 Leveling the
Playing Field 2.0 Act'' for ``the date on which
the administering authority initiates a
circumvention inquiry under paragraph (1) or
(3)(A)''; and
(ii) in subparagraph (C), by substituting
``the date of the enactment of the Leveling the
Playing Field 2.0 Act'' for ``the filing of the
inquiry request''.
(B) Actions with respect to inquiry requests.--In
the 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 20 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 (19 U.S.C. 1677j), as amended by
section 301(a), with respect to the inquiry.
(c) Retroactive Application of Provision on Determination of Normal
Value To Account for Distortions of Costs That Occur in Foreign
Countries.--The amendments made by section 204 apply to--
(1) antidumping duty investigations initiated under
subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C.
1673 et seq.) on or after June 29, 2015;
(2) reviews initiated under subtitle C of title VII of such
Act (19 U.S.C. 1675 et seq.) on or after June 29, 2015;
(3) actions by U.S. Customs and Border Protection resulting
from an investigation specified in paragraph (1) or a review
specified in paragraph (2); and
(4) civil actions, criminal proceedings, and other
proceedings before a Federal court relating to proceedings
specified in paragraph (1) or (2) or actions specified to in
paragraph (3) in which final judgment has not been entered on
or before the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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