[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4716 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4716

To provide compensation to certain parties injured under the trade laws 
             of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1994

 Mrs. Johnson of Connecticut introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To provide compensation to certain parties injured under the trade laws 
             of the United States, and for other purposes.

    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 ``Antidumping Compensation Act of 
1994''.

SEC. 2. COMPENSATION AWARDS.

    Subtitle C of title VII of the Tariff Act of 1930 is amended by 
inserting after section 736 the following new section:

``SEC. 736A. COMPENSATION AWARDS.

    ``(a) Definitions.--For the purposes of this section--
            ``(1) the term `affected domestic producer' means any 
        manufacturer, producer, or worker representative that was a 
        petitioner or interested party in support of the petition with 
        respect to which an affirmative injury determination was made 
        in connection with an antidumping duty finding or order or 
        countervailing duty order;
            ``(2) the term `antidumping duty finding or order' means an 
        antidumping finding published under the Antidumping Act, 1921, 
        or an antidumping duty order published under section 736;
            ``(3) the term `Commissioner' means the Commissioner of the 
        United States Customs Service;
            ``(4) the term `countervailing duty order' means a 
        countervailing duty order published under section 303 or 706; 
        and
            ``(5) the term `Secretary' means the Secretary of the 
        Treasury.
    ``(b) Compensation Procedures.--The Commissioner shall prescribe 
procedures governing when in each year compensation will be provided 
under this section, except that such compensation shall be distributed, 
not later than 30 days after the release of the Annual Report on the 
Status of the Antidumping/Countervailing Duty Program.
    ``(c) Parties Eligible for Compensation.--
            ``(1) Information on petitioners and other supporters of 
        petition.--(A) The Commission shall forward to the 
        Commissioner, with respect to each antidumping duty finding or 
        order, or a countervailing duty order--
                    ``(i) a list of petitioners and those persons that 
                indicated support of the petition by letter or through 
                responses to questionnaires transmitted to such persons 
                under this title, and
                    ``(ii) a confidential tabulation of the dollar 
                value of sales of the domestic like product 
                corresponding to the merchandise that is the subject of 
                the order of finding, for each petitioner or person 
                described in clause (i), during the last 12-month 
                period covered by the investigation by the Commission 
                that resulted in the order or finding.
        The confidentiality of the data submitted by the Commission to 
        the Commissioner shall be maintained. In the case of a 
        countervailing duty order for which no determination of injury 
        was required, the Commissioner shall obtain the information 
        described in clause (ii) from the named petitioners for the 
        most recent calendar year.
            ``(B)(i) Subject to clause (ii), the Commission shall 
        forward the information required by subparagraph (A) to the 
        Commissioner--
                    ``(I) within 60 days after the effective date of 
                this section in the case of an antidumping duty finding 
                or order or a countervailing duty order in effect on 
                such effective date, and
                    ``(II) within 60 days after the issuance of an 
                antidumping duty finding or order or a countervailing 
                duty order issued on or after such effective date.
            ``(ii) In the case of a countervailing duty order for which 
        no determination of injury was required, subclause (I) and (II) 
        of clause (i) shall apply by substituting `180' for `60'.
            ``(2) Publication of notice of intent to distribute 
        compensation.--The Commissioner shall publish in the Federal 
        Register, at least 30 days before payments are made under the 
        section, a notice of intention to distribute compensation, and 
        the list of persons eligible for such compensation based on the 
        list obtained from the Commission under paragraph (1), and 
        shall request from each prospective recipient a certification 
        that the person desires to receive compensation and the person 
        continues to manufacture the domestic like product involved.
            ``(3) Distribution.--The Commissioner shall distribute all 
        funds (including all interest earned) from assessments in the 
        completed fiscal year, from the appropriate special 
        compensation account established under subsection (e), to the 
        persons making the certifications under paragraph (2), in 
        amounts proportionate to the percentage of sales of all such 
        persons that is attributable to such person on the basis of the 
        information supplied by the Commission under paragraph (1).
    ``(d) Deduction of Historically Budgeted Amount Prior to 
Distribution.--Prior to the distribution of amounts from the special 
compensation accounts established under subsection (e) in a fiscal 
year, the Commissioner shall deduct from the total duties assessed for 
that fiscal year for all outstanding antidumping findings or orders and 
all outstanding countervailing duty orders an amount equal to the 
average of the sums budgeted in the United States budget for fiscal 
years 1988 through 1995 for revenues of the Customs Service. Each 
special compensation account shall be reduced on a percentage basis, 
before amounts in the account are distributed, to reflect the 
percentage of total duty assessments that is deducted under the 
preceding sentence.
    ``(e) Special Compensation Accounts.--
            ``(1) Establishment.--Within 14 days after the effective 
        date of this section in the case for antidumping duty findings 
        and orders or countervailing duty orders issued before such 
        effective date, and within 14 days after the date on which an 
        antidumping duty order or a countervailing duty order takes 
        effect in every other case, the Commissioner shall establish in 
        the Treasury of the United States a special compensation 
        account with respect to the order or finding.
            ``(2) Deposits into accounts.--The Commissioner shall 
        deposit into a special compensation account all antidumping or 
        countervailing duties, including interest on such duties, that 
        are collected under the antidumping order or finding or 
        countervailing duty order with respect to which the account was 
        established.
            ``(3) Availability.--The amounts in a special compensation 
        account shall be available for payment of compensation awards 
        under section (c), after deduction of the amounts under 
        subsection (d).
            ``(4) Time and manner of payments.--The Commissioner shall 
        by regulation prescribe the time and manner in which payment of 
        compensation awards from special compensation accounts will be 
        made.
            ``(5) Termination.--Each special compensation account shall 
        remain in existence, and compensation awards from such account 
        shall be paid, until the order or finding for which the account 
        was established terminates, and all duties relating to that 
        order or finding are assessed and entries liquidated and all 
        funds in the account are distributed to the persons eligible 
        for such compensation awards. Any amounts unable to be 
        distributed within 90 days after the time of the final 
        distribution of amounts in the account shall be deposited in 
        the general Treasury.''.
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