[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2736 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2736

     To amend title VII of the Tariff Act of 1930 with respect to 
   determining certain antidumping calculations for merchandise from 
                  former nonmarket economy countries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

  Mr. Levin introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
     To amend title VII of the Tariff Act of 1930 with respect to 
   determining certain antidumping calculations for merchandise from 
                  former nonmarket economy countries.

    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 ``Market-Based Antidumping 
Calculations Act''.

SEC. 2. SPECIAL VALUATION RULES FOR FORMER NONMARKET ECONOMY COUNTRIES.

    Section 773 of the Tariff Act of 1930 (19 U.S.C. 1677b) is amended 
by adding at the end the following:
    ``(g) Special Valuation Rules for Former Nonmarket Economy 
Countries.--
            ``(1) Treatment of prices or costs distorted by nonmarket 
        forces.--
                    ``(A) In general.--If the administering authority 
                determines that the prices or costs of a good or 
                service within a country formerly classified as a 
                nonmarket economy country are not determined by market-
                based forces of demand and supply, so that accepting 
                such prices or costs would distort in any material way 
                the determination of normal value or cost of production 
                of the subject merchandise, then the administering 
                authority shall disregard those prices or costs and 
                instead employ the values of the good or service in 
                another market economy country or countries considered 
                to be appropriate by the administering authority.
                    ``(B) Factors regarding market-based forces.--The 
                administering authority shall determine that the prices 
                or costs of a good or service are not determined by 
                market-based forces of demand and supply under 
                subparagraph (A) if any of the following factors are 
                present:
                            ``(i) The prices or costs in question are 
                        extensively controlled by a national, regional, 
                        or local government.
                            ``(ii) The prices or costs in question are 
                        stable over a significant period of time and no 
                        market-based explanation for that stability is 
                        demonstrated.
                            ``(iii) The prices or costs in question are 
                        subject to monopolistic or monopsonistic 
                        forces.
                            ``(iv) The prices or costs in question 
                        materially differ from prices charged by the 
                        same or a related supplier to a purchaser in 
                        another market economy country.
                            ``(v) Such other factors as the 
                        administering authority considers appropriate.
            ``(2) Determinations pursuant to subsection (c).--
                    ``(A) Total cost of manufacturing substantially 
                determined outside market forces.--If the total cost of 
                manufacturing of the subject merchandise calculated by 
                the administering authority is substantially determined 
                by values derived from prices or costs outside the home 
                market under paragraph (1), then the administering 
                authority shall deem the subject merchandise to have 
                been produced outside of market-based forces of supply 
                and demand, and shall determine the normal value of the 
                subject merchandise pursuant to subsection (c).
                    ``(B) Unreliable financial data.--If in making a 
                determination of normal value under this section the 
                administering authority determines that the financial 
                statements of a company within a country formerly 
                classified as a nonmarket economy country are not in 
                accordance with that country's generally accepted 
                accounting principles, are unreliable, or otherwise do 
                not reasonably reflect the costs associated with the 
                production and sale of the subject merchandise, then 
                the administering authority shall determine the normal 
                value of the subject merchandise pursuant to subsection 
                (c).''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply to proceedings under 
subtitle A, B, or C of title VII of the Tariff Act of 1930 that are 
initiated on or after the date of the enactment of this Act.
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