II
119THCONGRESS
1
STSESSION S. 691
To amend the Tariff Act of 1930 to improve the administration of
antidumping and countervailing duty laws, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY24, 2025
Ms. S
MITH(for Mr. YOUNG(for himself, Ms. SMITH, Mr. TUBERVILLE, Ms.
K
LOBUCHAR, Mr. GRAHAM, Ms. BALDWIN, Mr. COTTON, Mr.
F
ETTERMAN, Mr. WICKER, Mr. GALLEGO, Mr. BANKS, Ms. WARREN, Mr.
S
CHMITT, Mrs. GILLIBRAND, and Mr. MORENO)) introduced the following
bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Tariff Act of 1930 to improve the administra-
tion of antidumping and countervailing duty laws, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Leveling the Playing Field 2.0 Act’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
Sec. 1. Short title; table of contents.
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TITLE I—SUCCESSIVE INVESTIGATIONS
Sec. 101. Establishment of special rules for determination of material injury in
the case of successive antidumping and countervailing duty in-
vestigations.
Sec. 102. Initiation of successive antidumping and countervailing duty inves-
tigations.
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 investiga-
tions.
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 distor-
tions 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 counter-
vailing 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 counter-
vailing 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.
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TITLE I—SUCCESSIVE 1
INVESTIGATIONS 2
SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETER-3
MINATION OF MATERIAL INJURY IN THE 4
CASE OF SUCCESSIVE ANTIDUMPING AND 5
COUNTERVAILING DUTY INVESTIGATIONS. 6
(a) I
NGENERAL.—Section 771(7) of the Tariff Act 7
of 1930 (19 U.S.C. 1677(7)) is amended— 8
(1) by redesignating subparagraphs (E) 9
through (J) as subparagraphs (F) through (K), re-10
spectively; 11
(2) in subparagraph (I), as redesignated by 12
paragraph (1)— 13
(A) by striking ‘‘subparagraph (G)(ii)’’ and 14
inserting ‘‘subparagraph (H)(ii)’’; and 15
(B) by striking ‘‘subparagraph (F)’’ and 16
inserting ‘‘subparagraph (G)’’; and 17
(3) by inserting after subparagraph (D) the fol-18
lowing: 19
‘‘(E) S
PECIAL RULES FOR SUCCESSIVE IN -20
VESTIGATIONS.— 21
‘‘(i) I
N GENERAL.— 22
‘‘(I) E
VALUATION OF IMPACT ON 23
DOMESTIC INDUSTRY .—In evaluating 24
the impact of imports of the merchan-25
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dise on producers of domestic like 1
products under subparagraph (C)(iii), 2
the Commission shall— 3
‘‘(aa) consider the condition 4
of the domestic industry as found 5
in a recently completed investiga-6
tion; 7
‘‘(bb) consider the effect of 8
a concurrent investigation or re-9
cently completed investigation on 10
trade and the financial perform-11
ance of the domestic industry, in-12
cluding whether the imports are 13
likely to lead to the continuation 14
or recurrence of material injury 15
determined by the Commission in 16
any concurrent investigation or 17
recently completed investigation; 18
and 19
‘‘(cc) include in the record 20
any prior injury determinations 21
by the Commission with respect 22
to imports of the merchandise. 23
‘‘(II) E
FFECT OF RECENT IM -24
PROVEMENT ON MATERIAL INJURY 25
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DETERMINATION.—For the purposes 1
of this subparagraph, the Commission 2
may not find that there is no material 3
injury or threat of material injury to 4
a domestic industry solely based on 5
recent improvements in the industry’s 6
performance, such as an increase in 7
sales, market share, or profitability of 8
domestic producers, that are related 9
to relief granted pursuant to a con-10
current investigation or recently com-11
pleted investigation. 12
‘‘(ii) R
ETROACTIVE APPLICATION OF 13
FINAL DETERMINATION .—In making any 14
finding under section 705(b)(4)(A) or 15
735(b)(4)(A) in a successive investigation, 16
the Commission shall consider that a con-17
current investigation or recently completed 18
investigation contributes to the likelihood 19
that the remedial effect of the counter-20
vailing duty order to be issued under sec-21
tion 706 or the antidumping duty order to 22
be issued under section 736 will be seri-23
ously undermined.’’. 24
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(b) DEFINITIONS.—Section 771 of the Tariff Act of 1
1930 (19 U.S.C. 1677) is amended by adding at the end 2
the following: 3
‘‘(37) T
REATMENT OF SUCCESSIVE INVESTIGA -4
TIONS.—For purposes of paragraph (7)(E) and sec-5
tions 702(f), 732(f), and 784: 6
‘‘(A) C
ONCURRENT INVESTIGATION .—The 7
term ‘concurrent investigation’ means an ongo-8
ing investigation in which an affirmative deter-9
mination under section 703(a) or 733(a) has 10
been made by the Commission with respect to 11
imports of a class or kind of merchandise that 12
are the same or similar to imports of a class or 13
kind of merchandise that are the subject of a 14
successive investigation. 15
‘‘(B) R
ECENTLY COMPLETED INVESTIGA -16
TION.—The term ‘recently completed investiga-17
tion’ means a completed investigation in which 18
an affirmative determination under section 19
705(b) or 735(b) was issued by the Commission 20
with respect to imports of a class or kind of 21
merchandise that are the same or similar to im-22
ports of a class or kind of merchandise that are 23
the subject of a successive investigation not 24
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more than 2 years before the date of initiation 1
of the successive investigation. 2
‘‘(C) S
UCCESSIVE INVESTIGATION .—The 3
term ‘successive investigation’ means an inves-4
tigation that has been initiated by the admin-5
istering authority following a petition filed pur-6
suant to section 702(f) or 732(f).’’. 7
SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND 8
COUNTERVAILING DUTY INVESTIGATIONS. 9
(a) C
OUNTERVAILING DUTYINVESTIGATION.—Sec-10
tion 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) is 11
amended by adding at the end the following: 12
‘‘(f) I
NITIATION BYADMINISTERINGAUTHORITY OF 13
S
UCCESSIVECOUNTERVAILING DUTYINVESTIGATION.— 14
A successive investigation shall be initiated— 15
‘‘(1) under subsection (a), if— 16
‘‘(A) the requirements under that sub-17
section are met with respect to imports of a 18
class or kind of merchandise; and 19
‘‘(B) imports of the same or similar class 20
or kind of merchandise are or have been the 21
subject of a concurrent investigation or recently 22
completed investigation; or 23
‘‘(2) under subsection (b), if— 24
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‘‘(A) the determinations under clauses (i) 1
and (ii) of subsection (c)(1)(A) are affirmative 2
with respect to imports of a class or kind of 3
merchandise; and 4
‘‘(B) imports of the same or similar class 5
or kind of merchandise are or have been the 6
subject of a concurrent investigation or recently 7
completed investigation.’’. 8
(b) A
NTIDUMPINGDUTYINVESTIGATION.—Section 9
732 of the Tariff Act of 1930 (19 U.S.C. 1673a) is 10
amended by adding at the end the following: 11
‘‘(f) I
NITIATION BYADMINISTERINGAUTHORITY OF 12
S
UCCESSIVEANTIDUMPING DUTYINVESTIGATION.—A 13
successive investigation shall be initiated— 14
‘‘(1) under subsection (a), if— 15
‘‘(A) the requirements under that sub-16
section are met with respect to imports of a 17
class or kind of merchandise; and 18
‘‘(B) imports of the same or similar class 19
or kind of merchandise are or have been the 20
subject of a concurrent investigation or recently 21
completed investigation; or 22
‘‘(2) under subsection (b), if— 23
‘‘(A) the determinations under clauses (i) 24
and (ii) of subsection (c)(1)(A) are affirmative 25
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with respect to imports of a class or kind of 1
merchandise; and 2
‘‘(B) imports of the same or similar class 3
or kind of merchandise are or have been the 4
subject of a concurrent investigation or recently 5
completed investigation.’’. 6
SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT 7
TO SUCCESSIVE ANTIDUMPING AND COUN-8
TERVAILING DUTY INVESTIGATIONS. 9
(a) I
NGENERAL.—Subtitle D of title VII of the Tar-10
iff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by 11
adding at the end the following: 12
‘‘SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE IN-13
VESTIGATIONS. 14
‘‘(a) I
NGENERAL.—Notwithstanding any other pro-15
vision of this title, the administering authority— 16
‘‘(1) with respect to a successive investigation 17
under section 702(f)— 18
‘‘(A) shall issue a preliminary determina-19
tion under section 703(b) not later than 85 20
days after initiating the investigation; 21
‘‘(B) may not postpone under section 22
703(c) such deadline for the issuance of a pre-23
liminary determination unless requested by the 24
petitioner; 25
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‘‘(C) upon receipt of an allegation by the 1
petitioner pursuant to section 703(e), shall 2
make a determination under section 703(e) with 3
respect to the investigation; 4
‘‘(D) shall issue a final determination 5
under section 705(a) not later than 75 days 6
after issuing the preliminary determination 7
under subparagraph (A); and 8
‘‘(E) shall extend the date of the final de-9
termination under section 705(a) if requested 10
by the petitioner; and 11
‘‘(2) with respect to a successive investigation 12
under section 732(f)— 13
‘‘(A) shall issue a preliminary determina-14
tion under section 733(b) not later than 140 15
days after initiating the investigation; 16
‘‘(B) may not postpone under section 17
733(c) such deadline for the issuance of a pre-18
liminary determination unless requested by the 19
petitioner; 20
‘‘(C) upon receipt of an allegation by the 21
petitioner pursuant to section 733(e), shall 22
make a determination under section 733(e) with 23
respect to the investigation; 24
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‘‘(D) shall issue a final determination 1
under section 735(a) not later than 75 days 2
after issuing the preliminary determination 3
under subparagraph (A); and 4
‘‘(E) may extend the date of the final de-5
termination under section 735(a)(2) if re-6
quested by the petitioner.’’. 7
(b) C
LERICALAMENDMENT.—The table of contents 8
for the Tariff Act of 1930 is amended by inserting after 9
the item relating to section 783 the following: 10
‘‘Sec. 784. Determinations relating to successive investigations.’’.
TITLE II—RESPONDING TO 11
MARKET DISTORTIONS 12
SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN 13
COUNTERVAILING DUTY INVESTIGATIONS. 14
(a) I
NGENERAL.—Section 701(d) of the Tariff Act 15
of 1930 (19 U.S.C. 1671(d)) is amended— 16
(1) in the subsection heading, by striking 17
‘‘T
REATMENT OF INTERNATIONAL CONSORTIA’’ and 18
inserting ‘‘C
UMULATION OF CROSS-BORDERSUB-19
SIDIES’’; 20
(2) by striking ‘‘For purposes’’ and inserting 21
the following: 22
‘‘(1) I
NTERNATIONAL CONSORTIA AND MULTI -23
NATIONAL CORPORATIONS .—For purposes’’; 24
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(3) in paragraph (1), as designated by para-1
graph (2)— 2
(A) by inserting after ‘‘in their respective 3
home countries,’’ the following: ‘‘or multi-4
national corporations that are engaged in the 5
production of subject merchandise receive 6
countervailable subsidies to assist, permit, or 7
otherwise enable their production or manufac-8
turing operations in the country in which the 9
class or kind of merchandise is produced, ex-10
ported, or sold (or likely to be sold) for impor-11
tation into the United States,’’; and 12
(B) by inserting after ‘‘the international 13
consortium’’ the following: ‘‘or multinational 14
corporation’’; and 15
(4) by adding at the end the following: 16
‘‘(2) T
RANSNATIONAL SUBSIDIES .— 17
‘‘(A) I
N GENERAL.—For purposes of this 18
subtitle, if there is a countervailable subsidy by 19
a government of a third country or any public 20
entity within the territory of a third country 21
with respect to the manufacture, production, or 22
export of a class or kind of merchandise that is 23
produced, exported, or sold (or likely to be sold) 24
for importation into the United States from the 25
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territory of the subject country, and the govern-1
ment of the subject country or any public entity 2
within the territory of the subject country facili-3
tates the provision of such subsidy, then the ad-4
ministering authority shall treat the subsidy as 5
having been provided by the government of the 6
subject country or a public entity within the 7
territory of the subject country and shall cumu-8
late all such countervailable subsidies, as well 9
as countervailable subsidies provided directly or 10
indirectly by the government or any public enti-11
ty within the territory of the subject country. 12
‘‘(B) A
PPLICATION.—This paragraph shall 13
be applied in a manner consistent with the 14
international obligations of the United States.’’. 15
(b) D
EFINITIONS.—Section 771 of the Tariff Act of 16
1930 (19 U.S.C. 1677) is amended— 17
(1) in paragraph (5A), by inserting after sub-18
paragraph (D) the following: 19
‘‘(E) T
RANSNATIONAL SUBSIDY .—In deter-20
mining whether a transnational subsidy is a 21
specific subsidy, in law or in fact, the admin-22
istering authority shall examine the situation in 23
the subject country based on subparagraphs 24
(B), (C), and (D).’’; 25
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(2) in paragraph (9)— 1
(A) in subparagraph (F), by striking 2
‘‘and’’ at the end; 3
(B) in subparagraph (G), by striking the 4
period at the end and inserting ‘‘, and’’; and 5
(C) by adding at the end the following: 6
‘‘(H) in any proceeding under subtitle A 7
involving a transnational subsidy, the govern-8
ment of the third country.’’; and 9
(3) by adding at the end the following: 10
‘‘(38) M
ULTINATIONAL CORPORATION .—The 11
term ‘multinational corporation’ means a person, 12
firm, or corporation that owns or controls, directly 13
or indirectly, facilities for the production of subject 14
merchandise in two or more foreign countries.’’. 15
(c) U
PSTREAMSUBSIDIES.—Section 771A of the 16
Tariff Act of 1930 (19 U.S.C. 1677–1) is amended by 17
adding at the end the following: 18
‘‘(d) M
ULTINATIONALCORPORATIONS.— 19
‘‘(1) I
N GENERAL.—This section shall apply to 20
purchases of input products by multinational cor-21
porations if— 22
‘‘(A) the multinational corporation manu-23
factures or produces merchandise in a country 24
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that is the subject of a countervailing duty pro-1
ceeding; 2
‘‘(B) the multinational corporation pur-3
chases the input product from a cross-owned 4
company located in a third country with respect 5
to which the administering authority has made 6
an affirmative determination under section 7
703(b)(1) or 705(a)(1) with respect to a 8
countervailable subsidy provided— 9
‘‘(i) for the manufacture, production, 10
or exportation of that input product; or 11
‘‘(ii) to that cross-owned company; 12
and 13
‘‘(C) in the judgment of the administering 14
authority, the countervailing subsidy described 15
in subparagraph (B) bestows a competitive ben-16
efit on that merchandise. 17
‘‘(2) T
IMING OF SUBSIDY.—If a countervailable 18
subsidy is provided to a multinational corporation or 19
a cross-owned company that did not exist at the 20
time the administering authority made an affirma-21
tive determination described in paragraph (1)(B), 22
the administering authority is not precluded from 23
examining the subsidy under paragraph (1). 24
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‘‘(3) APPLICATION.—This subsection shall be 1
applied in a manner consistent with the inter-2
national obligations of the United States. 3
‘‘(4) D
EFINITIONS.—In this subsection: 4
‘‘(A) C
ROSS-OWNED COMPANY ; MULTI-5
NATIONAL CORPORATION .—The terms ‘cross- 6
owned company’ and ‘multinational corporation’ 7
have the meanings given those terms as defined 8
by the administering authority by regulation. 9
‘‘(B) U
PSTREAM SUBSIDY.—The term ‘up-10
stream subsidy’ has the meaning given that 11
term in subsection (a), except that the term 12
shall include an export subsidy.’’. 13
SEC. 202. MODIFICATION OF DEFINITION OF ORDINARY 14
COURSE OF TRADE TO SPECIFY THAT AN IN-15
SUFFICIENT QUANTITY OF FOREIGN LIKE 16
PRODUCTS CONSTITUTES A SITUATION OUT-17
SIDE THE ORDINARY COURSE OF TRADE. 18
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 19
1677(15)) is amended by adding at the end the following: 20
‘‘(D) Situations in which the quantity of a 21
foreign like product selected for comparison 22
under section 771(16) is insufficient to estab-23
lish a proper comparison to the export price or 24
constructed export price.’’. 25
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SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT 1
PRICE AND CONSTRUCTED EXPORT PRICE 2
WITH RESPECT TO DUTY DRAWBACK. 3
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 4
U.S.C. 1677a(c)(1)(B)) is amended— 5
(1) by striking ‘‘any’’; and 6
(2) by inserting after ‘‘United States’’ the fol-7
lowing: ‘‘, but that amount shall not exceed the per 8
unit amount of such duties contained in the weight-9
ed average cost of production’’. 10
SEC. 204. MODIFICATION OF DETERMINATION OF NORMAL 11
VALUE TO ACCOUNT FOR DISTORTIONS OF 12
COSTS THAT OCCUR IN FOREIGN COUNTRIES. 13
(a) N
ORMALVALUE.— 14
(1) I
N GENERAL.—Section 773(b)(3) of the 15
Tariff Act of 1930 (19 U.S.C. 1677b(b)(3)) is 16
amended— 17
(A) in subparagraph (A), by striking 18
‘‘business’’ and inserting ‘‘trade’’; and 19
(B) in the flush text after subparagraph 20
(C), by inserting before ‘‘For purposes’’ the fol-21
lowing: ‘‘For purposes of subparagraph (A), if 22
a particular market situation exists such that 23
the cost of materials and fabrication or other 24
processing of any kind does not reasonably re-25
flect the cost of production in the ordinary 26
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course of trade, the administering authority 1
may use another calculation methodology under 2
this subtitle or any other calculation method-3
ology.’’. 4
(2) R
EFLECTION OF COSTS OF PRODUCTION .— 5
Section 773(e) of the Tariff Act of 1930 (19 U.S.C. 6
1677b(e)) is amended, in the first sentence of the 7
flush text after paragraph (3), by striking ‘‘accu-8
rately’’ and inserting ‘‘reasonably’’. 9
(b) M
ODIFICATION OF DEFINITION OFORDINARY 10
C
OURSE OFTRADE.—Section 771(15) of the Tariff Act 11
of 1930 (19 U.S.C. 1677(15)(C)) is amended— 12
(1) by redesignating subparagraphs (A) through 13
(C) as clauses (i) through (iii), respectively, and 14
moving those clauses, as so redesignating, two ems 15
to the right; 16
(2) by striking ‘‘The term’’ and inserting the 17
following: 18
‘‘(A) I
N GENERAL.—The term’’; 19
(3) in subparagraph (A), as designated by para-20
graph (2), in clause (iii), as redesignated by para-21
graph (1)— 22
(A) by striking ‘‘that the particular market 23
situation prevents’’ and inserting ‘‘that a par-24
ticular market situation exists that— 25
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‘‘(I) prevents’’; 1
(B) in subclause (I), as designated by sub-2
paragraph (A), by striking the period at the 3
end and inserting ‘‘, relating to normal value 4
determined under subsection (a) of section 773; 5
or’’; and 6
(C) by adding at the end the following: 7
‘‘(II) distorts costs of production, 8
relating to normal value determined 9
under subsections (b) and (e) of sec-10
tion 773.’’; and 11
(4) by adding at the end the following: 12
‘‘(B) C
OST OF PRODUCTION .—For pur-13
poses of making a determination under sub-14
paragraph (A)(iii)(II) with respect to subject 15
merchandise, the administering authority shall 16
determine that a particular market situation ex-17
ists that distorts costs of production if a par-18
ticular market situation exists such that the 19
cost of materials and fabrication or other proc-20
essing of any kind does not reasonably reflect 21
the cost of production in the ordinary course of 22
trade.’’. 23
(c) D
EFINITION OFPARTICULARMARKETSITUA-24
TION.—Section 771 of the Tariff Act of 1930 (19 U.S.C. 25
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1677), as amended by sections 101(b) and 201(b)(3), is 1
further amended by adding at the end the following: 2
‘‘(39) P
ARTICULAR MARKET SITUATION .— 3
‘‘(A) I
N GENERAL.—The term ‘particular 4
market situation’ means a certain circumstance 5
or set of circumstances that the administering 6
authority determines either prevents a proper 7
comparison of prices in the comparison market 8
with the export price or constructed export 9
price or distorts the costs of production of the 10
subject merchandise. 11
‘‘(B) D
ISTORTION OF COSTS OF PRODUC -12
TION.— 13
‘‘(i) E
XAMPLES OF DISTORTIONS OF 14
COSTS OF PRODUCTION THAT MAY CREATE 15
A PARTICULAR MARKET SITUATION .—Ex-16
amples of circumstances that are likely to 17
distort the costs of production and thus 18
are deemed to create a particular market 19
situation for subject merchandise for pur-20
poses of subparagraph (A) include the fol-21
lowing circumstances: 22
‘‘(I) An input into the production 23
of subject merchandise is produced in 24
such amounts that there is more sup-25
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ply than demand in international mar-1
kets for the input. 2
‘‘(II) A foreign government, a 3
state-owned enterprise, or any other 4
public body is the predominant pro-5
ducer or supplier of an input into the 6
production of subject merchandise. 7
‘‘(III) A foreign government in-8
tervenes in the market for an input 9
into the production of subject mer-10
chandise. 11
‘‘(IV) A foreign government lim-12
its exports of an input into the pro-13
duction of subject merchandise. 14
‘‘(V) A foreign government im-15
poses export taxes on an input into 16
the production of subject merchan-17
dise. 18
‘‘(VI) A foreign government ex-19
empts an importer, producer, or ex-20
porter of subject merchandise from 21
paying duties or taxes associated with 22
trade remedies established by the for-23
eign government relating to an input 24
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into the production of subject mer-1
chandise. 2
‘‘(VII) A foreign government re-3
bates duties or taxes paid by an im-4
porter, producer, or exporter of sub-5
ject merchandise associated with trade 6
remedies established by the foreign 7
government related to an input into 8
the production of subject merchan-9
dise. 10
‘‘(VIII) A foreign government 11
provides financial assistance or sup-12
port to the producer or exporter of 13
subject merchandise, or to a producer 14
or supplier of an input into the pro-15
duction of subject merchandise. 16
‘‘(IX) A foreign government 17
takes action that influences the pro-18
duction of subject merchandise or an 19
input into the production of subject 20
merchandise, such as domestic content 21
and technology transfer requirements. 22
‘‘(X) A foreign government does 23
not enforce its property (including in-24
tellectual property), human rights, 25
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labor, or environmental protection 1
laws and policies, or those laws and 2
policies are otherwise shown to be in-3
effective with respect to either a pro-4
ducer or exporter of subject merchan-5
dise, or to a producer or supplier of 6
an input into the production of sub-7
ject merchandise in the subject coun-8
try. 9
‘‘(XI) A foreign government does 10
not implement property (including in-11
tellectual property), human rights, 12
labor, or environmental protection 13
laws and policies. 14
‘‘(XII) A business relationship 15
between one or more producers of 16
subject merchandise and suppliers of 17
inputs to the production of subject 18
merchandise is such that prices of the 19
inputs are not determined in accord-20
ance with general market principles, 21
such as through a strategic alliance or 22
noncompetitive arrangement. 23
‘‘(ii) D
ISTORTIONS CAUSED BY PAR -24
TICULAR MARKET SITUATIONS NEED NOT 25
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BE QUANTIFIED.—If the administering au-1
thority determines the existence of a par-2
ticular market situation under subpara-3
graph (A) but cannot measure the distor-4
tions caused by that particular market sit-5
uation on prices or costs in the exporting 6
country, the administering authority is not 7
required to quantify those distortions and 8
may use any available information and 9
methodology to address those distortions in 10
its analysis and calculations. 11
‘‘(iii) P
ARTICULAR MARKET SITUA -12
TIONS MAY EXIST IN MULTIPLE COUN -13
TRIES.— 14
‘‘(I) I
N GENERAL.—The same 15
market situation, or a similar market 16
situation, that distorts the costs of 17
production of the subject merchandise 18
can exist in multiple countries or mar-19
kets and still be considered particular 20
if the administering authority deter-21
mines that a market situation exists 22
that distorts costs of production for 23
certain products or parties in the sub-24
ject country. 25
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‘‘(II) NO LIMITATION.—There is 1
no limitation to the number of prod-2
ucts or parties that may be impacted 3
by a particular market situation. 4
‘‘(C) O
THER FACTORS.—In finding that a 5
particular market situation exists, or in using 6
another calculation methodology under this 7
paragraph, the administering authority is not 8
required to consider— 9
‘‘(i) the costs or prices that would 10
otherwise exist in the ordinary course of 11
trade in the absence of the particular mar-12
ket situation or any of its contributing cir-13
cumstances; 14
‘‘(ii) whether there is any difference 15
between the particular market situation or 16
any of its contributing circumstances in 17
the exporting country as opposed to any 18
other country; or 19
‘‘(iii) the length of time that the par-20
ticular market situation or any of its con-21
tributing circumstances has existed.’’. 22
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SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF 1
PRODUCTION AND CONSTRUCTED VALUE TO 2
ADDRESS DISTORTED COSTS. 3
Section 773(f)(3) of the Tariff Act of 1930 (19 4
U.S.C. 1677b(f)(3)) is amended— 5
(1) by striking ‘‘If, in the case’’ and inserting 6
the following: 7
‘‘(A) M
AJOR INPUTS FROM AFFILIATED 8
PERSONS.—If, in the case’’; and 9
(2) by adding at the end the following: 10
‘‘(B) M
AJOR INPUTS FROM CERTAIN UNAF -11
FILIATED PERSONS.— 12
‘‘(i) I
N GENERAL.—In the case of a 13
transaction between the exporter or pro-14
ducer of the merchandise and any unaffili-15
ated person described in clause (ii) involv-16
ing a major input to the merchandise, the 17
administering authority may value such 18
major input based on the information 19
available regarding what the amount would 20
have been if the transaction had occurred 21
between the exporter or producer of the 22
merchandise and an unaffiliated person 23
that is not described in clause (ii) if that 24
amount is greater than the amount re-25
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flected in the records of the exporter or 1
producer of the merchandise. 2
‘‘(ii) U
NAFFILIATED PERSONS DE -3
SCRIBED.—An unaffiliated person de-4
scribed in this clause is— 5
‘‘(I) any person in a nonmarket 6
economy country; 7
‘‘(II) any producer, exporter, or 8
supplier of the input described in 9
clause (i) found by the administering 10
authority, or by any investigating au-11
thority of a third country, to be re-12
ceiving a countervailable subsidy per-13
taining to an identical or comparable 14
input in the subject country if there is 15
no countervailing duty imposed on the 16
input pursuant to a measure in effect 17
in the exporting country based upon a 18
finding by the investigating authority 19
of the exporting country that the pro-20
ducer or supplier of the input de-21
scribed in clause (i) received a 22
countervailable subsidy; 23
‘‘(III) any producer, exporter, or 24
supplier of the input described in 25
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clause (i) found by the administering 1
authority, or by any investigating au-2
thority of a third country to be selling 3
an identical or comparable input for 4
less than fair market value in the sub-5
ject country if there is no anti-6
dumping duty imposed on the input 7
pursuant to a measure in effect in the 8
exporting country based upon a find-9
ing by the investigating authority of 10
the exporting country that the pro-11
ducer or supplier sold the input de-12
scribed in clause (i) for less than fair 13
market value into the subject country; 14
‘‘(IV) a government or public 15
body within the territory of the ex-16
porting country or any other country; 17
or 18
‘‘(V) a group of governments or 19
public bodies, or a combination there-20
of, that collectively account for a 21
meaningful share of the production of 22
the input described in clause (i). 23
‘‘(iii) A
PPLICATION.—Subclauses (I), 24
(II), and (III) of clause (ii) shall not apply 25
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to inputs described in clause (i) that are 1
produced in the exporting country.’’. 2
TITLE III—PREVENTING 3
CIRCUMVENTION 4
SEC. 301. MODIFICATION OF REQUIREMENTS IN CIR-5
CUMVENTION INQUIRIES. 6
(a) I
NGENERAL.—Section 781 of the Tariff Act of 7
1930 (19 U.S.C. 1677j) is amended by striking subsection 8
(f) and inserting the following: 9
‘‘(f) P
ROCEDURES FOR CONDUCTINGCIRCUMVEN-10
TIONINQUIRIES.— 11
‘‘(1) I
NITIATION BY ADMINISTERING AUTHOR -12
ITY.—A circumvention inquiry shall be initiated 13
whenever the administering authority determines, 14
from information available to it, that a formal in-15
quiry is warranted into the question of whether the 16
elements necessary for a determination under this 17
section exist. 18
‘‘(2) I
NITIATION BY INQUIRY REQUEST .— 19
‘‘(A) I
N GENERAL.—A circumvention in-20
quiry shall be initiated whenever an interested 21
party files an inquiry request that alleges the 22
elements necessary for a determination under 23
this section, accompanied by information rea-24
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sonably available to the requestor supporting 1
those allegations. 2
‘‘(B) R
ULES.—The administering author-3
ity shall specify requirements for the contents 4
and service of an inquiry request under sub-5
paragraph (A). 6
‘‘(C) A
CCEPTANCE OF COMMUNICA -7
TIONS.—The administering authority shall not 8
accept any unsolicited oral or written commu-9
nication from any person other than the inter-10
ested party filing an inquiry request before the 11
administering authority decides whether to ini-12
tiate an inquiry, except for communications re-13
garding the status of the consideration of the 14
inquiry request. 15
‘‘(3) A
CTION WITH RESPECT TO INQUIRY RE -16
QUEST.— 17
‘‘(A) I
N GENERAL.—Subject to subpara-18
graph (B), not later than 45 days after the fil-19
ing of an inquiry request under paragraph 20
(2)(A), the administering authority shall— 21
‘‘(i) initiate a circumvention inquiry; 22
‘‘(ii) dismiss the inquiry request as in-23
adequate and notify the requestor in writ-24
ing of the reasons for the dismissal; or 25
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‘‘(iii) notify all interested parties that 1
the inquiry request will be addressed 2
through a determination under section 3
781A as to whether a particular type of 4
merchandise is within the class or kind of 5
merchandise described in an existing find-6
ing of dumping or an antidumping or 7
countervailing duty order. 8
‘‘(B) E
XTENSION.—The administering au-9
thority may extend the deadline under subpara-10
graph (A) by a period not to exceed 15 days if 11
an interested party has placed information on 12
the record in response to the request for a cir-13
cumvention inquiry. 14
‘‘(4) D
ETERMINATIONS.— 15
‘‘(A) P
RELIMINARY DETERMINATIONS .— 16
‘‘(i) I
N GENERAL.—Except as pro-17
vided in clause (ii), not later than 150 18
days after the date on which the admin-19
istering authority initiates a circumvention 20
inquiry under paragraph (1) or (3)(A), the 21
administering authority shall make a pre-22
liminary determination, based on the infor-23
mation available to it at the time of the de-24
termination, of whether there is a reason-25
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able basis to believe or suspect that the 1
merchandise subject to the inquiry is cir-2
cumventing an existing finding of dumping 3
or an antidumping or countervailing duty 4
order. 5
‘‘(ii) E
XTENSION.—The administering 6
authority may extend the deadline under 7
clause (i) by a period not to exceed 60 8
days. 9
‘‘(B) F
INAL DETERMINATIONS .— 10
‘‘(i) I
N GENERAL.—Except as pro-11
vided in clause (ii), not later than 150 12
days after issuing a preliminary determina-13
tion under subparagraph (A) with respect 14
to a circumvention inquiry, the admin-15
istering authority shall make a final deter-16
mination of whether the merchandise sub-17
ject to the inquiry is circumventing an ex-18
isting finding of dumping or an anti-19
dumping or countervailing duty order. 20
‘‘(ii) E
XTENSION.—The administering 21
authority may extend the deadline under 22
clause (i) by a period not to exceed 65 23
days. 24
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‘‘(C) OTHER CLASS OR KIND DETERMINA -1
TIONS.—If an inquiry request under paragraph 2
(2)(A) is addressed through a class or kind de-3
termination under section 781A, the admin-4
istering authority shall make such determina-5
tion not later than 335 days after the filing of 6
the inquiry request. 7
‘‘(5) R
ULE OF CONSTRUCTION .—Nothing in 8
this section shall be construed to prevent the admin-9
istering authority from simultaneously initiating a 10
circumvention inquiry under paragraph (1) or (3)(A) 11
and issuing a preliminary determination under para-12
graph (4)(A).’’. 13
(b) S
USPENSION OFLIQUIDATION ANDCOLLECTION 14
OFDEPOSITS OFENTRIESSUBJECT TOCIRCUMVENTION 15
I
NQUIRY.—Section 781 of the Tariff Act of 1930 is fur-16
ther amended by adding at the end the following: 17
‘‘(g) S
USPENSION OFLIQUIDATION ANDCOLLECTION 18
OFDEPOSITS OFENTRIESSUBJECT TOCIRCUMVENTION 19
I
NQUIRY.— 20
‘‘(1) I
NITIATION.—If the administering author-21
ity initiates a circumvention inquiry under para-22
graph (1) or (3)(A) of subsection (f), for each unliq-23
uidated entry of merchandise subject to the cir-24
cumvention inquiry that was already subject to the 25
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suspension of liquidation, the administering author-1
ity shall order— 2
‘‘(A) the continued suspension of liquida-3
tion of such entry; and 4
‘‘(B) the continued posting of a cash de-5
posit, at the prevailing all-others or country- 6
wide rate, for each such entry. 7
‘‘(2) P
RELIMINARY DETERMINATION .—If the 8
administering authority issues a preliminary affirm-9
ative determination under paragraph (4)(A) of sub-10
section (f) with respect to a circumvention inquiry 11
initiated under paragraph (1) or (3)(A) of that sub-12
section, the administering authority shall order— 13
‘‘(A) the continued suspension of liquida-14
tion for each unliquidated entry of merchandise 15
subject to the circumvention inquiry that was 16
already subject to the suspension of liquidation; 17
‘‘(B) the suspension of liquidation for each 18
unliquidated entry of merchandise subject to 19
the circumvention inquiry not yet suspended 20
that is entered, or withdrawn from warehouse, 21
for consumption on or after the date of publica-22
tion of the notice of initiation of the circumven-23
tion inquiry; 24
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‘‘(C) the suspension of liquidation for each 1
entry of merchandise subject to the circumven-2
tion inquiry not yet suspended that is entered, 3
or withdrawn from warehouse, for consumption 4
before the date of publication of the notice of 5
initiation of the circumvention inquiry if the ad-6
ministering authority determines, under the cir-7
cumstances, that suspension under this sub-8
paragraph is warranted; and 9
‘‘(D) the posting, or continued posting, of 10
a cash deposit in an amount equal to the anti-11
dumping duty or countervailing duty applicable 12
for each entry of merchandise described in sub-13
paragraph (A), (B), or (C). 14
‘‘(3) F
INAL DETERMINATION .—If the admin-15
istering authority issues a final affirmative deter-16
mination under paragraph (4)(B) of subjection (f) 17
with respect to a circumvention inquiry initiated 18
under paragraph (1) or (3)(A) of that subsection, 19
the administering authority shall order— 20
‘‘(A) the continued suspension of liquida-21
tion for each unliquidated entry of merchandise 22
subject to the circumvention inquiry that was 23
already subject to the suspension of liquidation; 24
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‘‘(B) the suspension of liquidation of each 1
entry of merchandise subject to the circumven-2
tion inquiry that is entered, or withdrawn from 3
warehouse, for consumption on or after the date 4
of publication of the notice of initiation of the 5
circumvention inquiry; 6
‘‘(C) the suspension of liquidation of each 7
entry of merchandise subject to the circumven-8
tion inquiry that is entered, or withdrawn from 9
warehouse, for consumption before the date of 10
publication of the notice of initiation of cir-11
cumvention inquiry if the administering author-12
ity determines, under the circumstances, that 13
suspension under this subparagraph is war-14
ranted; and 15
‘‘(D) the posting, or continued posting, of 16
a cash deposit in an amount equal to the anti-17
dumping duty or countervailing duty applicable 18
for each entry of merchandise described in sub-19
paragraph (A), (B), or (C). 20
‘‘(4) R
ULE OF CONSTRUCTION .—Nothing in 21
this section shall be construed to prevent the admin-22
istering authority from applying the requirements 23
under this subsection in a class or kind determina-24
tion under section 781A. 25
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‘‘(h) APPLICATION OFCIRCUMVENTIONDETERMINA-1
TION.— 2
‘‘(1) I
N GENERAL.—The administering author-3
ity shall consider the appropriate remedy to address 4
circumvention and prevent evasion of an order or 5
finding pursuant to an affirmative determination 6
under subparagraph (A) or (B) of subsection (f)(4). 7
‘‘(2) R
EMEDIES CONSIDERED .—Remedies con-8
sidered under paragraph (1) may include the fol-9
lowing: 10
‘‘(A) The application of the determination 11
described in paragraph (1) on a producer-spe-12
cific, exporter-specific, or importer-specific 13
basis, or some combination thereof, and, as the 14
administering authority determines appropriate, 15
the implementation of a certification require-16
ment under section 785. 17
‘‘(B) The application of the determination 18
described in paragraph (1) on a countrywide 19
basis to all merchandise from a particular coun-20
try, regardless of producer, exporter, or im-21
porter of that merchandise, and, as the admin-22
istering authority determines appropriate, the 23
implementation of a certification requirement 24
under section 785. 25
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‘‘(3) EXEMPTION FOR MERCHANDISE UNDER 1
CERTIFICATION.—If a certification requirement 2
under section 785 is implemented under this sub-3
section and the importer or other party to which the 4
requirement is applied complies with that require-5
ment, antidumping and countervailing duties under 6
this title may not be applied to the merchandise 7
under certification.’’. 8
(c) P
UBLICATION IN THEFEDERALREGISTER.—Sec-9
tion 777(i) of the Tariff Act of 1930 (19 U.S.C. 1677f(i)) 10
is amended by adding at the end the following: 11
‘‘(4) C
IRCUMVENTION INQUIRIES .—Whenever 12
the administering authority makes a determination 13
under section 781 whether to initiate a circumven-14
tion inquiry or makes a preliminary or final deter-15
mination under subsection (f)(4) of that section, the 16
administering authority shall publish the facts and 17
conclusions supporting that determination and shall 18
publish notice of that determination in the Federal 19
Register.’’. 20
(d) A
DDINGVERIFICATIONRESPONSES IN CIR-21
CUMVENTION INQUIRIES.—Section 782(i) of the Tariff 22
Act of 1930 (19 U.S.C. 1677m(i)) is amended— 23
(1) in paragraph (2), by striking ‘‘and’’ at the 24
end; 25
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(2) in paragraph (3)(B), by striking the period 1
at the end and inserting ‘‘, and’’; and 2
(3) by adding at the end the following: 3
‘‘(4) a final determination in a circumvention 4
inquiry conducted pursuant to section 781 if good 5
cause for verification is shown.’’. 6
SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF 7
CERTIFICATION BY IMPORTER OR OTHER 8
PARTY. 9
(a) I
NGENERAL.—Subtitle D of title VII of the Tar-10
iff Act of 1930 (19 U.S.C. 1677 et seq.), as amended by 11
section 103(a), is further amended by adding at the end 12
the following: 13
‘‘SEC. 785. REQUIREMENT FOR CERTIFICATION BY IM-14
PORTER OR OTHER PARTY. 15
‘‘(a) R
EQUIREMENT.— 16
‘‘(1) I
N GENERAL.—For imports of merchan-17
dise into the customs territory of the United States, 18
the administering authority may require an importer 19
or other party— 20
‘‘(A) to provide a certification described in 21
paragraph (2) at the time of entry or with the 22
entry summary; 23
‘‘(B) to maintain that certification; or 24
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‘‘(C) to otherwise demonstrate compliance 1
with the requirements for that certification. 2
‘‘(2) C
ERTIFICATION DESCRIBED .—A certifi-3
cation described in this paragraph is a certification 4
by the importer of the merchandise or other party, 5
as required by the administering authority, including 6
a certification that— 7
‘‘(A) the merchandise is not subject to an 8
antidumping or countervailing duty proceeding 9
under this title; and 10
‘‘(B) the inputs used in production, trans-11
formation, or processing of the merchandise are 12
not subject to an antidumping or countervailing 13
duty under this title. 14
‘‘(3) A
VAILABLE UPON REQUEST .—A certifi-15
cation required by the administering authority under 16
paragraph (1), if not already provided, shall be made 17
available upon request to the administering author-18
ity or the Commissioner of U.S. Customs and Bor-19
der Protection (in this section referred to as the 20
‘Commissioner’). 21
‘‘(b) A
UTHORITYTOSUSPENDLIQUIDATION, COL-22
LECTCASHDEPOSITS ANDASSESSDUTIES.— 23
‘‘(1) I
N GENERAL.—If the administering au-24
thority requires an importer or other party to pro-25
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vide a certification described in paragraph (2) of 1
subsection (a) for merchandise imported into the 2
customs territory of the United States pursuant to 3
paragraph (1) of that subsection, and the importer 4
or other party does not provide that certification or 5
that certification contains any false, misleading, or 6
fraudulent statement or representation or any mate-7
rial omission, the administering authority shall in-8
struct the Commissioner— 9
‘‘(A) to suspend liquidation of the entry; 10
‘‘(B) to require that the importer or other 11
party post a cash deposit in an amount equal 12
to the antidumping duty or countervailing duty 13
applicable to the merchandise; and 14
‘‘(C) to assess the appropriate rate of duty 15
upon liquidation or reliquidation of the entry. 16
‘‘(2) A
SSESSMENT RATE.—If no rate of duty 17
for an entry is available at the time of assessment 18
under paragraph (1)(C), the administering authority 19
shall identify the applicable cash deposit rate to be 20
applied to the entry, with the applicable duty rate to 21
be provided as soon as the duty rate becomes avail-22
able. 23
‘‘(c) P
ENALTIES.—If the administering authority re-24
quires an importer or other party to provide a certification 25
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described in paragraph (2) of subsection (a) for merchan-1
dise imported into the customs territory of the United 2
States pursuant to paragraph (1) of that subsection, and 3
the importer or other party does not provide that certifi-4
cation or that certification contains any false, misleading, 5
or fraudulent statement or representation or any material 6
omission, the importer of the merchandise may be subject 7
to a penalty pursuant to section 592 of this Act, section 8
1001 of title 18, United States Code, or any other applica-9
ble provision of law.’’. 10
(b) C
LERICALAMENDMENT.—The table of contents 11
for the Tariff Act of 1930, as amended by section 103(b), 12
is further amended by inserting after the item relating to 13
section 784 the following: 14
‘‘Sec. 785. Requirement for certification by importer or other party.’’.
SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPART-
15
MENT OF COMMERCE REGARDING MERCHAN-16
DISE COVERED BY ANTIDUMPING AND COUN-17
TERVAILING DUTY PROCEEDINGS. 18
(a) I
NGENERAL.—Subtitle D of title VII of the Tar-19
iff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by 20
inserting after section 781 the following: 21
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‘‘SEC. 781A. DETERMINATIONS OF MERCHANDISE COVERED 1
UNDER ANTIDUMPING OR COUNTERVAILING 2
DUTY PROCEEDING. 3
‘‘(a) I
NGENERAL.—To determine whether merchan-4
dise imported into the United States is covered by an anti-5
dumping or countervailing duty proceeding under this 6
title, the administering authority may use any reasonable 7
method and is not bound by the determinations of any 8
other Federal agency, including tariff classification and 9
country of origin marking rulings issued by the Commis-10
sioner of U.S. Customs and Border Protection. 11
‘‘(b) C
LASS ORKIND OFMERCHANDISE.—For pur-12
poses of this title, determinations regarding whether mer-13
chandise is the same class or kind may be made under 14
this section or under section 781 in accordance with the 15
criteria set forth in this section or in section 781, as the 16
case may be. 17
‘‘(c) O
RIGIN OFMERCHANDISE.—To determine the 18
origin of merchandise for purposes of an antidumping or 19
countervailing duty proceeding under this title, the admin-20
istering authority may apply any reasonable method and 21
may consider relevant factors, including— 22
‘‘(1) whether the processed downstream product 23
is a different class or kind of merchandise than the 24
upstream product; 25
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‘‘(2) the physical characteristics of the mer-1
chandise; 2
‘‘(3) the intended end use of the downstream 3
product; 4
‘‘(4) the cost of production and the value added 5
of further processing in a third country or countries; 6
‘‘(5) the nature and sophistication of processing 7
in a third country or countries; 8
‘‘(6) the level of investment in a third country 9
or countries; and 10
‘‘(7) any other factors that the administering 11
authority considers appropriate, including whether 12
an essential characteristic of the merchandise, or an 13
essential component thereof, is substantially trans-14
formed in the country of exportation.’’. 15
(b) C
LERICALAMENDMENT.—The table of contents 16
for the Tariff Act of 1930 is amended by inserting after 17
the item relating to section 781 the following: 18
‘‘Sec. 781A. Determinations of merchandise covered under antidumping or
countervailing duty proceeding.’’.
(c) REVIEWABLE DETERMINATIONS.—Section 19
516A(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 20
1516a(a)(2)(A)) is amended— 21
(1) in clause (i)(I), by striking ‘‘(iv),’’; and 22
(2) by amending clause (ii) to read as follows: 23
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‘‘(ii) the date of publication in the 1
Federal Register of notice of a determina-2
tion described in clause (iv) of subpara-3
graph (B) or, if no such notice is pub-4
lished, the date on which the administering 5
authority conveys a copy of such deter-6
mination to an interested party who is a 7
party to the proceeding,’’. 8
SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NON-9
RESIDENT IMPORTERS. 10
(a) I
NGENERAL.—Part III of title IV of the Tariff 11
Act of 1930 (19 U.S.C. 1481 et seq.) is amended by in-12
serting after section 484b the following: 13
‘‘SEC. 484c. ASSET REQUIREMENTS APPLICABLE TO NON-14
RESIDENT IMPORTERS. 15
‘‘(a) D
EFINITIONS.—In this section: 16
‘‘(1) I
MPORTER; NONRESIDENT IMPORTER .— 17
The terms ‘importer’ and ‘nonresident importer’ 18
have the meanings given those terms in section 19
641(i). 20
‘‘(2) R
ESIDENT IMPORTER.—The term ‘resident 21
importer’ means any importer other than a non-22
resident importer. 23
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‘‘(b) REQUIREMENTS FOR NONRESIDENTIMPORT-1
ERS.—Except as provided in subsection (c), the Commis-2
sioner of U.S. Customs and Border Protection shall— 3
‘‘(1) require a nonresident importer that im-4
ports merchandise into the United States to main-5
tain assets in the United States sufficient to pay all 6
duties that may potentially be applied to the mer-7
chandise; and 8
‘‘(2) require a bond with respect to the mer-9
chandise in an amount sufficient to ensure full liabil-10
ity on the part of a nonresident importer and the 11
surety of the importer based on the amount of assets 12
the Commissioner determines to be sufficient under 13
subsection (c). 14
‘‘(c) D
ETERMINATION OF AMOUNT OFASSETSRE-15
QUIREDTOBEMAINTAINED.—For purposes of sub-16
section (b)(1), the Commissioner shall calculate the 17
amount of assets sufficient to pay all duties that may po-18
tentially be applied to merchandise imported by a non-19
resident importer based on an amount that exceeds the 20
amount, calculated using the fair market value of the mer-21
chandise, of all duties, fees, interest, taxes, or other 22
charges, and all deposits for duties, fees, interest, taxes, 23
or other charges, that would apply with respect to the mer-24
chandise if the merchandise were subject to the highest 25
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rate of duty applicable to such merchandise imported from 1
any country. 2
‘‘(d) M
AINTENANCE OF ASSETS IN THE UNITED 3
S
TATES.— 4
‘‘(1) I
N GENERAL.—For purposes of subsection 5
(b)(1), a nonresident importer of merchandise meets 6
the requirement to maintain assets in the United 7
States if the importer has clear title, at all times be-8
tween the entry of the merchandise and the liquida-9
tion of the entry, to assets described in paragraph 10
(2) with a value equal to the amount determined 11
under subsection (c). 12
‘‘(2) A
SSETS DESCRIBED.—An asset described 13
in this paragraph is— 14
‘‘(A) an asset held by a United States fi-15
nancial institution; 16
‘‘(B) an interest in an entity organized 17
under the laws of the United States or any ju-18
risdiction within the United States; or 19
‘‘(C) an interest in real or personal prop-20
erty located in the United States or any terri-21
tory or possession of the United States. 22
‘‘(e) E
XCEPTIONS.—The requirements of this section 23
shall not apply with respect to a nonresident importer— 24
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‘‘(1) that is a validated Tier 2 or Tier 3 partici-1
pant in the Customs-Trade Partnership Against 2
Terrorism program established under subtitle B of 3
title II of the Security and Accountability For Every 4
Port Act of 2006 (6 U.S.C. 961 et seq.); or 5
‘‘(2) if the Commissioner is satisfied, based on 6
certified information supplied by the importer and 7
any other relevant evidence, that the Commissioner 8
has the same or equivalent ability to collect all du-9
ties that may potentially be applied to merchandise 10
imported by the importer as the Commissioner 11
would have if the importer were a resident importer. 12
‘‘(f) P
ROCEDURES.—The Commissioner shall pre-13
scribe procedures for assuring that nonresident importers 14
maintain the assets required by subsection (b). 15
‘‘(g) P
ENALTIES.— 16
‘‘(1) I
N GENERAL.—It shall be unlawful for any 17
person to import into the United States any mer-18
chandise in violation of this section. 19
‘‘(2) C
IVIL PENALTIES.—Any person who vio-20
lates paragraph (1) shall— 21
‘‘(A) in the case of merchandise described 22
in such paragraph with a domestic value that is 23
equal to or greater than $50,000, be liable for 24
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a civil penalty of $50,000 for each such viola-1
tion; or 2
‘‘(B) in the case of merchandise described 3
in such paragraph with a domestic value that is 4
less than $50,000, be liable for a civil penalty 5
equal to 50 percent of the amount of such do-6
mestic value for each such violation. 7
‘‘(3) O
THER PENALTIES.—In addition to the 8
penalties specified in paragraph (2), any violation of 9
this section that violates any other provision of the 10
customs and trade laws of the United States (as de-11
fined in section 2 of the Trade Facilitation and 12
Trade Enforcement Act of 2015 (19 U.S.C. 4301)) 13
shall be subject to any applicable civil or criminal 14
penalty, including seizure and forfeiture, that may 15
be imposed under that provision or title 18, United 16
States Code.’’. 17
(b) C
LERICALAMENDMENT.—The table of contents 18
for the Tariff Act of 1930 is amended by inserting after 19
the item relating to section 484b the following: 20
‘‘Sec. 484c. Asset requirements applicable to nonresident importers.’’.
(c) EFFECTIVEDATE ANDAPPLICATION.— 21
(1) I
N GENERAL.—Section 484c of the Tariff 22
Act of 1930, as added by subsection (a)— 23
(A) takes effect on the date of the enact-24
ment of this Act; and 25
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(B) applies with respect to merchandise 1
entered, or withdrawn from warehouse for con-2
sumption, on or after the date that is 180 days 3
after such date of enactment. 4
(2) D
EADLINE FOR PROCEDURES .—The Com-5
missioner of U.S. Customs and Border Protection 6
shall ensure the procedures required under sub-7
section (f) of section 484c of the Tariff Act of 1930, 8
as added by subsection (a), are prescribed and in ef-9
fect not later than 90 days after the date of the en-10
actment of this Act. 11
TITLE IV—COUNTERING 12
CURRENCY UNDERVALUATION 13
SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY 14
UNDERVALUATION UNDER COUNTERVAILING 15
DUTY LAW. 16
Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 17
1671a(c)) is amended by adding at the end the following: 18
‘‘(6) C
URRENCY UNDERVALUATION .—For pur-19
poses of a countervailing duty investigation under 20
this subtitle in which the determinations under 21
clauses (i) and (ii) of paragraph (1)(A) are affirma-22
tive and the petition includes an allegation of cur-23
rency undervaluation by the government of a coun-24
try or any public entity within the territory of a 25
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•S 691 IS
country that meets the requirements of clause (i) of 1
that paragraph, or for purposes of a review under 2
subtitle C with respect to a countervailing duty 3
order involving such an allegation, the administering 4
authority shall examine in its investigation or review 5
whether currency undervaluation by the government 6
of a country or any public entity within the territory 7
of a country is providing, directly or indirectly, a 8
countervailable subsidy.’’. 9
SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO 10
CURRENCY UNDERVALUATION. 11
Section 771(5)(E) of the Tariff Act of 1930 (19 12
U.S.C. 1677(5)(E)) is amended— 13
(1) in clause (iii), by striking ‘‘, and’’ and in-14
serting a comma; 15
(2) in clause (iv), by striking the period at the 16
end and inserting ‘‘, and’’; 17
(3) by inserting after clause (iv) the following: 18
‘‘(v) in the case of an exchange of an 19
undervalued currency under a unified ex-20
change rate, if there is a difference be-21
tween the amount of currency received in 22
exchange for United States dollars and the 23
amount of currency that the recipient 24
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•S 691 IS
would have received absent an undervalued 1
currency.’’; and 2
(4) in the flush text following clause (v), as 3
added by paragraph (3), by adding at the end the 4
following: ‘‘For purposes of clause (v), a determina-5
tion of the existence and amount of a benefit from 6
the exchange of an undervalued currency shall take 7
into account a comparison of the exchange rates de-8
rived from a methodology determined by the admin-9
istering authority to be appropriate in light of the 10
facts and circumstances to the relevant actual ex-11
change rates, and whether there is government ac-12
tion on the exchange rate that contributes to an 13
undervaluation of the currency.’’. 14
TITLE V—PREVENTING DUTY 15
EVASION 16
SEC. 501. LIMITATION ON PROTEST AGAINST DECISIONS OF 17
U.S. CUSTOMS AND BORDER PROTECTION OF 18
CLAIMS OF EVASION OF ANTIDUMPING AND 19
COUNTERVAILING DUTY ORDERS. 20
(a) E
XPANSION OFLIMITATION.—Section 514(b) of 21
the Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended— 22
(1) by striking ‘‘title, determinations’’ and in-23
serting ‘‘title, or with respect to determinations 24
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•S 691 IS
made under section 517 of this title which are re-1
viewable under section 517(g), determinations’’; and 2
(2) by inserting after ‘‘a determination listed in 3
section 516A of this title’’ the following: ‘‘or a deter-4
mination listed in section 517 of this title, as the 5
case may be,’’. 6
(b) R
ULE OFCONSTRUCTION ON INVESTIGATION OF 7
C
LAIMS OFEVASION.—Section 517(h) of the Tariff Act 8
of 1930 (19 U.S.C. 1517(h)) is amended by inserting be-9
fore the period at the end the following: ‘‘, except that 10
any decision as to the liquidation or reliquidation of an 11
entry of covered merchandise in accordance with a deter-12
mination under subsection (c) and review under subsection 13
(f), if applicable, shall not be subject to a protest of such 14
decision filed in accordance with section 514’’. 15
SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF 16
EVASION OF SAFEGUARD ACTIONS. 17
(a) T
ARIFFACT OF1930.—Section 517 of the Tariff 18
Act of 1930 (19 U.S.C. 1517) is amended— 19
(1) in the section heading, by inserting ‘‘
AND 20
SAFEGUARD ACTIONS ’’ after ‘‘ORDERS’’; 21
(2) in subsection (a)— 22
(A) in paragraph (3)— 23
(i) in subparagraph (A), by striking 24
‘‘or’’ at the end; 25
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•S 691 IS
(ii) in subparagraph (B), by striking 1
the period at the end and inserting ‘‘; or’’; 2
and 3
(iii) by adding at the end the fol-4
lowing: 5
‘‘(C) an action taken under section 203 of 6
the Trade Act of 1974 (19 U.S.C. 2253).’’; and 7
(B) in paragraph (5)(A), by inserting after 8
‘‘applicable antidumping or countervailing du-9
ties’’ the following: ‘‘or any applicable safe-10
guard action’’; 11
(3) in subsection (b)(4), in subparagraphs (A) 12
and (B), by inserting after ‘‘covered merchandise’’ 13
each place it appears the following: ‘‘under subpara-14
graph (A) or (B) of subsection (a)(3)’’; 15
(4) in subsection (d)(1)— 16
(A) in subparagraph (C)— 17
(i) in the matter preceding clause (i), 18
by inserting after ‘‘(C)’’ the following: ‘‘if 19
the determination relates to covered mer-20
chandise under subparagraph (A) or (B) of 21
subsection (a)(3),’’; and 22
(ii) in clause (i), by inserting ‘‘of this 23
paragraph’’ after ‘‘subparagraphs (A) and 24
(B)’’; and 25
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(B) in subparagraph (D)— 1
(i) by inserting after ‘‘(D)’’ the fol-2
lowing: ‘‘if the determination relates to 3
covered merchandise under subparagraph 4
(A) or (B) of subsection (a)(3),’’; and 5
(ii) by inserting ‘‘of this paragraph’’ 6
after ‘‘subparagraphs (A) and (B)’’. 7
(b) T
RADEFACILITATION AND TRADEENFORCE-8
MENTACT OF2015.—The Trade Facilitation and Trade 9
Enforcement Act of 2015 is amended— 10
(1) in section 402 (19 U.S.C. 4361)— 11
(A) in paragraph (2)— 12
(i) in subparagraph (A), by striking 13
‘‘or’’ at the end; 14
(ii) in subparagraph (B), by striking 15
the period at the end and inserting ‘‘; or’’; 16
and 17
(iii) by adding at the end the fol-18
lowing: 19
‘‘(C) an action taken under section 203 of 20
the Trade Act of 1974 (19 U.S.C. 2253).’’; 21
(B) in paragraph (5), by inserting after 22
‘‘applicable antidumping or countervailing du-23
ties’’ the following: ‘‘or any applicable safe-24
guard action’’; and 25
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(C) in paragraph (7), by inserting before 1
the period at the end the following: ‘‘and chap-2
ter 1 of title II of the Trade Act of 1974 (19 3
U.S.C. 2251 et seq.)’’; and 4
(2) in section 412 (19 U.S.C. 4372)— 5
(A) in subsection (a)(2)— 6
(i) by redesignating subparagraphs 7
(A), (B), and (C) as subparagraphs (B), 8
(C), and (D), respectively; and 9
(ii) by inserting before subparagraph 10
(B), as redesignated by clause (i), the fol-11
lowing: 12
‘‘(A) a person reasonably suspected of en-13
tering covered merchandise into the customs 14
territory of the United States through eva-15
sion;’’; and 16
(B) in subsection (b)(1)— 17
(i) in subparagraph (B)— 18
(I) by redesignating clauses (i), 19
(ii), and (iii) as clauses (ii), (iii), and 20
(iv), respectively; and 21
(II) by inserting before clause 22
(ii), as redesignated by subclause (I), 23
the following: 24
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‘‘(i) a person from whom information 1
was requested pursuant to subsection 2
(a)(2)(A);’’; and 3
(ii) in subparagraph (C), by striking 4
‘‘clause (ii) or (iii)’’ and inserting ‘‘clause 5
(i), (iii), or (iv)’’. 6
SEC. 503. APPLICATION OF PROVISIONS RELATING TO CER-7
TAIN PROPRIETARY INFORMATION. 8
(a) I
NGENERAL.—Section 517 of the Tariff Act of 9
1930 (19 U.S.C. 1517), as amended by section 502(a), 10
is further amended by adding at the end the following: 11
‘‘(i) A
PPLICATION OF PROVISIONSRELATING TO 12
C
ERTAINPROPRIETARYINFORMATION.— 13
‘‘(1) I
N GENERAL.—Except as provided in para-14
graph (2), subsections (b), (c), and (d) of section 15
777, relating to information submitted in connection 16
with proceedings under title VII, shall apply with re-17
spect to information submitted in connection with 18
proceedings under this section to the same extent 19
and in the same manner as those subsections may 20
apply to information submitted in connection with 21
proceedings under title VII. 22
‘‘(2) E
XCEPTIONS.—In carrying out paragraph 23
(1), subsections (b), (c), and (d) of section 777 shall 24
be applied and administered as follows: 25
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‘‘(A) By substituting ‘the Commissioner’ 1
for each of the following terms each place those 2
terms appear: 3
‘‘(i) ‘the administering authority or 4
the Commission’. 5
‘‘(ii) ‘the administering authority and 6
the Commission’. 7
‘‘(iii) ‘the administering authority’. 8
‘‘(B) Paragraphs (1)(A) and (3) of such 9
subsection (b) shall not apply. 10
‘‘(C) The second and third sentences of 11
such subsection (c)(1)(A) shall not apply. 12
‘‘(D) In such subsection (c)— 13
‘‘(i) in paragraph (1)— 14
‘‘(I) in subparagraph (B), by 15
substituting ‘determine to be appro-16
priate’ for ‘determine to be appro-17
priate, including disbarment from 18
practice before the agency’; and 19
‘‘(II) in subparagraph (C)— 20
‘‘(aa) in clause (i), by sub-21
stituting ‘14 days’ for ‘14 days 22
(7 days if the submission per-23
tains to a proceeding under sec-24
tion 703(a) or 733(a))’; and 25
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‘‘(bb) in the text following 1
clause (ii)(II), by substituting ‘30 2
days’ for ‘30 days (10 days if the 3
submission pertains to a pro-4
ceeding under section 703(a) or 5
733(a))’; and 6
‘‘(ii) in paragraph (2), by substituting 7
‘United States Court of International 8
Trade’ for ‘United States Customs 9
Court’.’’. 10
(b) R
EGULATIONS.—The Commissioner of U.S. Cus-11
toms and Border Protection shall prescribe such regula-12
tions as may be necessary to implement subsection (i) of 13
section 517 of the Tariff Act of 1930 (19 U.S.C. 1517), 14
as added by subsection (a). 15
(c) E
FFECTIVEDATE.—The amendment made by 16
subsection (a) shall take effect on the date that is 180 17
days after the date of the enactment of this Act. 18
TITLE VI—GENERAL 19
PROVISIONS 20
SEC. 601. APPLICATION TO CANADA AND MEXICO. 21
Pursuant to section 418 of the United States-Mexico- 22
Canada Agreement Implementation Act (19 U.S.C. 4588), 23
the amendments made by this Act apply with respect to 24
goods from Canada and Mexico. 25
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SEC. 602. EFFECTIVE DATE. 1
(a) I
NGENERAL.—Except as provided by subsection 2
(b) or (c), the amendments made by this Act apply to 3
countervailing duty investigations initiated under subtitle 4
A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 5
et seq.), antidumping duty investigations initiated under 6
subtitle B of title VII of such Act (19 U.S.C. 1673 et 7
seq.), reviews initiated under subtitle C of title VII of such 8
Act (19 U.S.C. 1675 et seq.), and circumvention inquiries 9
requested under section 781 of such Act (19 U.S.C. 10
1677j), on or after the date of the enactment of this Act. 11
(b) A
PPLICABILITY.— 12
(1) I
N GENERAL.—Except as provided in sub-13
section (c), the amendments made by this Act apply 14
to— 15
(A) investigations or reviews under title 16
VII of the Tariff Act of 1930 (19 U.S.C. 1671 17
et seq.) pending on the date of the enactment 18
of this Act if the date on which the fully ex-19
tended preliminary determination is scheduled 20
is not earlier than 45 days after such date of 21
enactment; 22
(B) circumvention inquiries initiated under 23
section 781 of such Act (19 U.S.C. 1677j) be-24
fore and pending on such date of enactment; 25
and 26
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(C) circumvention inquiries requested 1
under section 781 of such Act but not initiated 2
before such date of enactment. 3
(2) D
EADLINES FOR CIRCUMVENTION INQUIR -4
IES.— 5
(A) D
ETERMINATIONS.—In this case of a 6
circumvention inquiry described in paragraph 7
(1)(B), subsection (f)(4) of section 781 of the 8
Tariff Act of 1930 (19 U.S.C. 1677j), as 9
amended by section 301(a), shall be applied and 10
administered— 11
(i) in subparagraph (A)(i), by sub-12
stituting ‘‘the date of the enactment of the 13
Leveling the Playing Field 2.0 Act’’ for 14
‘‘the date on which the administering au-15
thority initiates a circumvention inquiry 16
under paragraph (1) or (3)(A)’’; and 17
(ii) in subparagraph (C), by sub-18
stituting ‘‘the date of the enactment of the 19
Leveling the Playing Field 2.0 Act’’ for 20
‘‘the filing of the inquiry request’’. 21
(B) A
CTIONS WITH RESPECT TO INQUIRY 22
REQUESTS.—In the case of a circumvention in-23
quiry described in paragraph (1)(C), the admin-24
istering authority (as defined in section 771(1) 25
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of the Tariff Act of 1930 (19 U.S.C. 1677(1))) 1
shall, not later than 20 days after the date of 2
the enactment of this Act, take an action de-3
scribed in subsection (f)(3) of section 781 of 4
the Tariff Act of 1930 (19 U.S.C. 1677j), as 5
amended by section 301(a), with respect to the 6
inquiry. 7
(c) R
ETROACTIVEAPPLICATION OFPROVISION ON 8
D
ETERMINATION OF NORMALVALUETOACCOUNT FOR 9
D
ISTORTIONS OFCOSTSTHATOCCUR INFOREIGNCOUN-10
TRIES.—The amendments made by section 204 apply to— 11
(1) antidumping duty investigations initiated 12
under subtitle B of title VII of the Tariff Act of 13
1930 (19 U.S.C. 1673 et seq.) on or after June 29, 14
2015; 15
(2) reviews initiated under subtitle C of title 16
VII of such Act (19 U.S.C. 1675 et seq.) on or after 17
June 29, 2015; 18
(3) actions by U.S. Customs and Border Pro-19
tection resulting from an investigation specified in 20
paragraph (1) or a review specified in paragraph 21
(2); and 22
(4) civil actions, criminal proceedings, and other 23
proceedings before a Federal court relating to pro-24
ceedings specified in paragraph (1) or (2) or actions 25
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specified to in paragraph (3) in which final judg-1
ment has not been entered on or before the date of 2
the enactment of this Act. 3
Æ
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