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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9724 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9724
To provide additional authority of the United States International
Trade Commission under section 301 of the Trade Act of 1974.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2024
Mr. Arrington (for himself, Mr. Ferguson, Mr. Moore of Utah, and Mr.
Guthrie) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide additional authority of the United States International
Trade Commission under section 301 of the Trade Act of 1974.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Axing Non-market Tariff Evasion
Act'' or ``ANTE Act''.
SEC. 2. ADDITIONAL AUTHORITY OF THE UNITED STATES INTERNATIONAL TRADE
COMMISSION UNDER SECTION 301 OF THE TRADE ACT OF 1974.
Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended by
adding at the end the following:
``(e) Additional Authority of the USITC.--
``(1) In general.--The United States International Trade
Commission is authorized to investigate whether entities
controlled by the governments of non-market economy countries
are establishing or planning to establish investments in third
countries to evade tariffs imposed under this section on the
non-market economy. If the Commission makes an affirmative
determination, it can recommend a trade remedy to the President
or Congress against the third-country investment equal to the
value of the tariff imposed under this section on the relevant
product exported from the non-market economy country.
``(2) Non-market economy countries defined.--For purposes
of this subsection, the term ``non-market economy countries''
means those countries listed on both--
``(A) the Department of Commerce's International
Trade Administration's determination pertinent to
section 771(18) of the Tariff Act of 1930; and
``(B) the Office of the United States Trade
Representative's `Special 301 Priority Watch List'.
``(3) Matters relating to investigations.--
``(A) An investigation under this subsection may be
requested by--
``(i) industry petitioners;
``(ii) the Office of the United States
Trade Representative; or
``(iii) Congress.
``(B) If the Commission determines that there is a
reasonable indication that an investment or planned
investment by a non-market entity in a third country is
established or planned to be established in a third
country to evade United States tariffs, the Commission
may initiate the investigation under this subsection.
``(C) The Commission shall determine--
``(i) if an investigation is germane not
later than 45 days after the petitioner's
request; and
``(ii) if a remedy is warranted not later
than 180 days after making a determination
under clause (i).
``(D) During its investigation, the Commission
shall make an affirmative determination of tariff
evasion if it is found that the third country
investment is--
``(i) being established or acquired by an
entity owned by, controlled by, or subject to
the jurisdiction or direction of a non-market
economy country;
``(ii) producing or planning to produce a
good subject to a Section 301 tariff, but not
subject to an exclusion, on the non-market
economy country; and
``(iii) exporting or planning on exporting
this good to the United States.
``(4) Matters relating to determinations.--
``(A) If the Commission determines that an entity
controlled by a non-market economy country is
establishing or planning to establish an investment in
a third country to evade paying United States tariffs
on the non-market economy country, the Commission may
recommend a remedy against the investment itself or
broad imports of the product in question from the third
country.
``(B) If the Commission determines that action
should be taken against imports only from the third
country investment, the President may unilaterally
impose a retaliatory measure exclusively against the
third-country investment. This action can be reactively
taken if the third country facility has recently begun
production, or proactively taken if the non-market
entity has immediate plans to establish production in
the third country. If the President does not act
against the entity after an affirmative the
Commission's determination, the President shall submit
feedback to Congress explaining why the decision was
not taken, expressing the social and economic impacts
of not taking action.
``(C) If the Commission determines that action
should be taken against broad imports from the third
country in which the non-market-controlled entity is
operating or planning to go into operation, the
Commission shall submit this determination to the House
Ways and Means Committee and Senate Finance Committee
and recommend congressional action. Once a Member
introduces a joint resolution of approval described in
paragraph (5) in either Chamber, the resolution would
be subject to an automatic discharge from both
committees of jurisdiction and the resolution would be
decided without debate in the Senate. Under this
proposal, the President would not have the unilateral
ability under this section to proactively place tariffs
on a wide range of products from the third country, if
the third country has not previously been determined to
be engaging in an unfair trade practice as defined by
this section.
``(D) If a remedy is enacted by the President or
Congress, the policy shall last between three-to-eight
years, subject to the discretion of the Commission. One
year before the remedy is set to expire, the Commission
shall review whether the circumstance or threat of
tariff evasion has been diminished because of the
action, following the criteria the Commission would be
required to use to make the original determination. If
the circumstance or threat has not diminished, the
Commission may recommend continuing the remedy.
``(5) Joint resolution of approval.--
``(A) An action to adjust imports proposed by the
President in a report submitted to Congress under
paragraph (4)(C) shall have force and effect only if,
during the period of 60 calendar days beginning on the
date on which the report is submitted, a joint
resolution of approval is enacted pursuant to
subparagraph (B).
``(B) In this subparagraph, the term `joint
resolution of approval' means only a joint resolution
of either House of Congress--
``(i) the title of which is as follows: `A
joint resolution approving the proposal of the
President to take an action relating to the
adjustment of imports entering into the United
States in such quantities or under such
circumstances as to threaten or impair the
national security.'; and
``(ii) the sole matter after the resolving
clause of which is the following: `Congress
approves of the proposal of the President
relating to the adjustment of imports to
protect the national security as described in
the report submitted to Congress under section
301(e) of the Trade Act of 1974 on _____
relating to _____.', with the first blank space
being filled with the appropriate date and the
second blank space being filled with a short
description of the proposed action.
``(C) During the period of 60 calendar days
provided for under subparagraph (A), a joint resolution
of approval may be introduced in either House by any
Member.
``(D)(i) A joint resolution of approval introduced
in the House of Representatives shall be referred to
the Committee on Ways and Means.
``(ii) If the Committee on Ways and Means has not
reported the joint resolution of approval within 10
calendar days after the date of referral, the Committee
shall be discharged from further consideration of the
joint resolution.
``(iii) Beginning on the third legislative day
after the Committee on Ways and Means reports the joint
resolution of approval to the House or has been
discharged from further consideration thereof, it shall
be in order to move to proceed to consider the joint
resolution in the House. All points of order against
the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to
proceed on the joint resolution. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
``(iv) The joint resolution of approval shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to final passage
without intervening motion except 2 hours of debate
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(E)(i) A joint resolution of approval introduced
in the Senate shall be referred to the Committee on
Finance.
``(ii) If the Committee on Finance has not reported
the joint resolution of approval within 10 calendar
days after the date of referral of the joint
resolution, the Committee shall be discharged from
further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate
calendar.
``(iii) Notwithstanding Rule XXII of the Standing
Rules of the Senate, it is in order at any time after
the Committee on Finance reports a joint resolution of
approval or has been discharged from consideration of
such a joint resolution to move to proceed to the
consideration of the joint resolution. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order.
``(iv) Appeals from the decisions of the Chair
relating to the application of the rules of the Senate
to the procedure relating to a joint resolution of
approval shall be decided by the Senate without debate.
``(F)(i) Except as provided in clause (ii), a joint
resolution of approval that has passed the House of
Representatives shall, when received in the Senate, be
referred to the Committee on Finance for consideration
in accordance with subparagraph (D).
``(ii) If a joint resolution of approval was
introduced in the Senate before receipt of a joint
resolution of approval that has passed the House of
Representatives--
``(I) the joint resolution from the House
of Representatives shall, when received in the
Senate, be placed on the calendar; and
``(II) the procedures in the Senate with
respect to a joint resolution of approval
introduced in the Senate shall be the same as
if no joint resolution of approval had been
received from the House of Representatives,
except that the vote on passage in the Senate
shall be on the joint resolution that passed
the House of Representatives.
``(iii) If the Senate passes a joint resolution of
approval before receiving a joint resolution of
approval from the House of Representatives, the joint
resolution of the Senate shall be held at the desk
pending receipt of the joint resolution from the House
of Representatives. Upon receipt of the joint
resolution of approval from the House of
Representatives, such joint resolution shall be deemed
to be read twice, considered, read the third time, and
passed.
``(iv) If the Senate receives a joint resolution of
approval from the House of Representatives, and no
joint resolution of approval has been introduced in the
Senate, the procedures described in subparagraph (E)
shall apply to consideration of the joint resolution of
the House.
``(G) This subparagraph is enacted by Congress--
``(i) as an exercise of the rulemaking
power of the Senate and the House of
Representatives, respectively, and as such is
deemed a part of the rules of each House,
respectively, and supersedes other rules only
to the extent that it is inconsistent with such
rules; and
``(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
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