[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1046 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1046

 To provide a private cause of action for the recovery of damages for 
economic loss caused by the dumping of foreign merchandise into United 
                States markets, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

Mrs. Byrne introduced the following bill; which was referred jointly to 
           the Committees on Ways and Means and the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide a private cause of action for the recovery of damages for 
economic loss caused by the dumping of foreign merchandise into United 
                States markets, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) subtitle B of 
title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) is amended 
by inserting after section 739 the following new section:

``SEC. 740A. PRIVATE REMEDY FOR INJURY RESULTING FROM DUMPING.

    ``(a) Definitions.--For purposes of this section--
            ``(1) The term `court' means any District Court of the 
        United States.
            ``(2) The term `dumped merchandise' means the class or kind 
        of merchandise sold at less than foreign market value.
            ``(3) The term `eligible party' means any person described 
        in subparagraph (C), (D), (E), (F), or (G) of section 771(9) 
        (including any member or a person described in such 
        subparagraph (E), (F), or (G)).
            ``(4) The term `foreign market value' has the same meaning 
        given such term in section 773.
    ``(b) Cause of Action.--
            ``(1) In general.--An eligible party that suffers economic 
        loss by reason of the importation and sale of dumped 
        merchandise may bring an action for damages in the court 
        against any of the following:
                    ``(A) Any manufacturer of the dumped merchandise.
                    ``(B) Any exporter of the dumped merchandise to the 
                United States.
                    ``(C) Any importer of the dumped merchandise into 
                the United States, if the importer is an affiliate or 
                subsidiary of a manufacturer or exporter referred to in 
                subparagraph (A) or (B).
            ``(2) Jurisdiction over foreign persons.--For purposes of 
        actions brought under this section, the court has jurisdiction 
        over any foreign person that is described in paragraph (1)(A), 
        (B), or (C).
            ``(3) Process.--Process may be served on a defendant in any 
        action commenced under this section in any place within the 
        United States where the defendant may be found or transacts 
        business.
    ``(c) Economic Loss.--
            ``(1) Applicable period; presumption of loss.--If an action 
        is brought under subsection (b), and there has been a petition 
        filed under section 732, the administering authority and the 
        Commission shall include in their investigations the period 
        covered by the private action. There shall be a presumption of 
        economic loss if a petition filed under section 732 on behalf 
        of an eligible party resulted in affirmative determinations 
        under subsections (a) and (b) of section 735 regarding a class 
        or kind of merchandise.
            ``(2) No presumption of loss.--If there have been no 
        affirmative determinations under subsections (a) and (b) of 
        section 735, there shall be no presumption of economic loss.
            ``(3) Limitation on award.--Under no circumstances shall 
        the court award damages for a period subject to the potential 
        assessment of antidumping duties.
            ``(4) Evaluation of loss.--In evaluating the economic loss 
        sustained by the eligible party, the court shall consider all 
        information, including potential lost sales, worker layoffs, 
        plant closures, or financial losses, submitted by the eligible 
        party and by parties described in subsection (b)(1)(A), (B), or 
        (C). The court may consider, but may not require, an 
        econometric analysis or any other scientific study estimating 
        the actual effects of the dumped merchandise on the eligible 
        party.
    ``(d) Damages.--
            ``(1) In general.--In any action brought under subsection 
        (b), the eligible party, upon a finding of liability on the 
        part of the defendant, is entitled to recover--
                    ``(A) actual damages for the economic loss 
                (including injury to business or property) sustained by 
                the eligible party; and
                    ``(B) the costs of the action, including reasonable 
                attorney's fees.
            ``(2) Calculation of damages.--In calculating damages for 
        purposes of this section, the court--
                    ``(A) shall give regard to injury to the eligible 
                party resulting from the importation into the United 
                States and sale of dumped merchandise and of other 
                merchandise, if any, produced by the defendant and that 
                consists in part of merchandise that, if entered or 
                withdrawn from warehouse separately, would be dumped 
                merchandise; and
                    ``(B) may give such regard to the affirmative 
                finding under subsection (b) of section 735 regarding 
                the dumped merchandise as it considers appropriate.
    ``(e) Time for Bringing Action.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        action may not be brought under this section unless commenced 
        within 2 years after the date on which the cause of action 
        accrues.
            ``(2) Tolling of limitation.--The running of the 2-year 
        limitation in paragraph (1) shall be suspended while any 
        administrative or judicial review of an affirmative 
        determination under subsection (a) or (b) of section 735 is 
        pending and until a decision upon that review is rendered.''.
    (b) The table of contents for such title VII is amended by adding 
after the entry for section 739 the following:

``Sec. 740A. Private remedy for injury resulting from dumping.''.

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