[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1167 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1167

 To amend the Tariff Act of 1930 to clarify the method for calculating 
  cost of production for purposes of determining antidumping margins.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 1997

 Mr. Inouye (for himself and Mr. Akaka) 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 clarify the method for calculating 
  cost of production for purposes of determining antidumping margins.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLARIFICATION OF RULES FOR CALCULATING COST OF PRODUCTION 
              AND CONSTRUCTED VALUE.

    Section 773(f)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
1677b(f)(1)(A)) is amended--
            (1) by striking ``Costs'' and inserting ``(i) Calculation 
        of costs.--Costs'';
            (2) by striking ``The Administering authority'' and 
        inserting ``(ii) Allocation of costs.--
                                    ``(I) General rule.--The 
                                administering authority'';
            (3) by indenting the text so as to align clauses (i) and 
        (ii) (as added by paragraphs (1) and (2)) with clause (i) of 
        subparagraph (C) of such section 773(f)(1)); and
            (4) by adding at the end the following:
                                    ``(II) Methods for allocating cost 
                                of production.--In determining the 
                                proper allocation of costs, the 
                                administering authority may use value-
                                based methodology, weight-based cost 
                                methodology, or any other methodology 
                                that is consistent with generally 
                                accepted accounting principles of the 
                                exporter country (or producing country, 
                                where appropriate) and that reasonably 
                                reflects the costs associated with the 
                                production and sale of each product.''.
    (b) Application to Canada and Mexico.--Pursuant to article 1902 of 
the North American Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation Act, the amendments made 
by this section shall apply with respect to goods from Canada and 
Mexico.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to--
            (1) investigations initiated--
                    (A) on the basis of petitions filed under section 
                732(b) or 783(b) of the Tariff Act of 1930 after 
                January 1, 1995; or
                    (B) by the administering authority under section 
                732(a) of such Act after such date;
            (2) reviews initiated under section 751 of such Act--
                    (A) by the administering authority or the 
                Commission on their own initiative after such date; or
                    (B) pursuant to a request filed after such date;
            (3) petitions filed under section 780 of such Act after 
        such date; and
            (4) inquiries initiated under section 781 of such Act--
                    (A) by the administering authority on its 
                initiative after such date; or
                    (B) pursuant to a request filed after such date.
                                 <all>