Fair Trade Enforcement Act of 1979

Fair Trade Enforcement Act of 1979 - Title I: Amendments to Antidumping Act, 1921 - Amends the Antidumping Act of 1921 to require the Secretary of the Treasury to conduct a formal investigation within 30 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 advise the International Trade Commission of any affirmative determination. Requires the Commission to determine whether U.S. industry is being, or is likely to be, injured due to imports at less than fair value. Directs the Secretary to: (1) publish the Finding of the affirmative determinations of both the Secretary and the Commission; and (2) assess a special dumping duty.

Sets forth the procedure by which a foreign exporter or a 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.

Requires the Secretary or the Commission to conduct a hearing at the request of interested parties. Exempts such hearings from specified administrative procedure requirements.

Requires the Secretary to impose provisional dumping duties when making a tentative determination that imports are being sold at less than fair value. Stipulates that duties shall either be refunded or adjusted based on the difference between the purchase price and the fair market value (the margin of dumping), depending on the Secretary's final determination. Imposes a special dumping duty on imported goods after a finding has been made. Requires the Secretary to periodically revise the applicable margin of dumping and apply it retroactively to the imported goods.

Sets forth methods for determining the special dumping duty, the foreign market value, and the constructed value of merchandise (when home market sales are made at less than the costs of production).

Requires the Secretary to make annual reports to Congress concerning findings, duties collected, and negative determinations.

Amends the Tariff Act of 1930 to direct 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.

Title II: Countervailing Duty Law Amendments - Amends the Tariff Act of 1930 to prohibit offsetting the net amount of any bounty or grant for any fiscal charge or indirect tax related to the export of the article that is subject to the bounty or grant.

Requires the Secretary to investigate whether any bounty or grant is being paid or bestowed on exports into the United States within 30 days after a petition is filed or information is received concerning such bounty or grant, and to forward an affirmative determination to the Commission. Directs the Commission to investigate whether the likelihood of any U.S. industry being injured due to such export bounty or grant.

Directs the Secretary to publish a Countervailing Duty Order following final determinations by the Secretary and the Commission. 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. Specifies the formula for establishing and revising countervailing duties.

Title III: Amendments to Other Provisions of Law - Amends the Tariff Act of 1930 to stipulate that all imported merchandise shall be assessed duties, countervailing duties, or antidumping duties in accordance with the Secretary's determination 30 days after notice of such duty is published.

Permits domestic manufacturers, producers, or wholesalers 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.

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; (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; or (4) determinations that there is no information that goods are being sold at less than fair value or bounties or grants are being paid or bestowed.

Imposes civil penalties on persons who violate Commission findings and orders concerning unfair trade practices. Permits the President to disapprove the Commission's determination concerning unfair trade practices for 90 days after notifying Congress and the Commission. Requires congressional approval of the President's actions within the 90 day period if such suspension is to be indefinite. Gives domestic manufacturers a remedy for damages suffered as a result of unfair trade practices.

Amends a provision of Federal law which makes 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.

Title IV: Transfer of Certain Functions under the Antidumping and Countervailing Duty Laws from the Secretary of the Treasury to the International Trade Commission - Amends the Antidumping Act of 1921 and the Tariff Act of 1930 to transfer from the Secretary to the Commission the responsibilities for investigating and making determinations about (1) imported goods being sold at less than fair value or (2) bounties or grants being paid or bestowed on imported goods, effective January 1, 1980.