Unfair International Trade Practices Reform Act of 1979 - Title I: Antidumping Act Amendments - Amends the Antidumping Act of 1921 to require the Secretary of the Treasury to conduct a preliminary investigation within 45 days of receiving information that foreign goods are being, or are likely to be, sold in the United States at less than fair value. Directs the Secretary to make public any determination and, if an affirmative determination is made, forward preliminary indications of possible sales at less than fair value to the International Trade Commission. Requires the Commission to investigate whether U.S. industry is being or is likely to be injured due to imports at less than fair value within 45 days after receiving a petition containing such information or after receiving notification that the Secretary is conducting a preliminary investigation.
Requires the Secretary to initiate a full-scale investigation if both the Secretary and the Commission publish affirmative determinations that foreign goods are being sold at less than fair value and are likely to hurt U.S. industry. Stipulates that a final determination should be made within seven months. Directs the Commission to make a final determination concerning harm to U.S. industry within three months of the Secretary's final affirmative determination. Provides for a public hearing, if requested, before any determination is made.
Sets forth the procedure by which an foreign exporter or domestic importer may petition: (1) the Secretary to terminate a final determination of sales at less than full value; and (2) the Commission to terminate its determination that U.S. industry is likely to be harmed by such sales.
Imposes a special dumping duty on foreign goods when a finding has been made that such goods are being sold at less than full value. Requires customs officers to collect an estimated dumping duty based upon the margins of dumping included in the final determination of the Secretary. Requires the Secretary to periodically revise the applicable margin of dumping and apply such margins of dumping retroactively to the imported goods. Requires the importer to furnish such information as the Secretary deems necessary for ascertaining any special dumping duty to be imposed. Stipulates that all information developed in connection with the assessment and liquidation process shall be available upon request to interested parties.
Title II: 1930 Tariff Act Amendments - Amends the Tariff Act of 1930 to require the Secretary to investigate whether any bounty or grant is being paid or bestowed upon exports into the United States within 45 days after a petition is filed or information is received concerning such bounty or grant, and forward an affirmative determination to the Commission.
Directs the Commission to investigate whether U.S. industry is likely to be injured due to such export bounties or grants within 45 days after a petition is filed or information is received concerning such harm to U.S. industry. Provides for a full-scale investigation upon publication of the Secretary's and the Commission's affirmative determinations of the import practices, with a final determination within seven months. Directs the Secretary to keep the Commission informed as to such imports and the amount of bounties or grants.
Directs the Secretary to publish a Countervailing Duty Order, following final affirmative determinations by the Secretary and the Commission, providing for the collection of countervailing duties in the amount of the bounty or grant. Requires customs officers to collect estimated countervailing duties on or before entry of the affected goods. Provides for periodic revisions of bounties or grants to be applied retroactively to imported goods. Stipulates that all information should be available to interested parties.
Sets forth the procedure by which a foreign exporter or domestic importer may petition the Secretary and the Commission to terminate the final determinations of export bounties or grants. Provides for a public hearing before any determination is made at the request of an interested party.
Directs the Secretary to require a certified invoice with imported goods which includes a statement of the prices at which such goods are sold in the exporting country (home consumption prices). Directs the Secretaries of the Treasury and Commerce and the Commission Chairman to publish quarterly a statistical enumeration of the purchase prices and home consumption prices. Requires a verified statement from foreign manufacturers whose goods supply ten percent or more of the U.S. market showing the home market value and the purchase price.
Authorizes the Commission to suspend its investigation of unfair methods of competition by imports. Stipulates that the Commission need not determine if there has been a violation if other authorized action determines the controversy. Sets forth the penalties for violating a final order of the Commission.
Permits adversely affected foreign manufacturers or exporters or domestic importers to contest in the U.S. Customs Court any finding or order relating to dumping or amount of bounties or grants. Permits domestic manufacturers or labor organizations to contest in the U.S. Customs Court any determination that goods are not being sold at less than fair value, that bounties or grants are not being paid, or that U.S. industry is not being injured by such activities.
Title III: Amendments to Customs Court Procedure Laws - Amends the provisions setting forth Customs Court procedure to permit actions contesting: (1) the termination of findings that imported goods are being sold at less than fair value; (2) the termination of Countervailing Duty Orders; or (3) determinations that U.S. industry is not being harmed by sales of imported goods at less than fair value or export bounties or grants.
Title IV: Study of Transferring Treasury Investigative Responsibilities to International Trade Commission - Directs the Comptroller General to study and report to Congress the need for and feasibility of transferring the duties of the Secretary to the Commission or independent section of a department of international trade.
Title V: Amendments to the Revenue Act of September 8, 1916 - Amends a provision making it unlawful to import or sell articles in the United States at less than market value to give the burden of rebutting the prima facie case, by showing justification, to the person charged with the violation. Permits any person injured by a violation to sue for treble damages. Requires such suit to be commenced within four years after the cause of action accrued. Stipulates that the Commissioner of Customs shall be the agent upon whom all lawful process may be served in any action or proceeding against foreign manufacturers or exporters.
Introduced in House
Introduced in House
Referred to House Committee on Ways and Means.
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