[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4217 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4217

 To amend the Tariff Act of 1930 to allow United States manufacturers 
    that use products subject to countervailing or antidumping duty 
   proceedings or use domestic like products to participate in those 
       proceedings as interested parties, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2005

  Mr. Knollenberg (for himself, Mr. Blunt, Mr. Moran of Virginia, Mr. 
Camp, Mr. Kind, Mr. Rogers of Michigan, Mr. Hoekstra, Mr. Ramstad, Mr. 
    Dreier, Mr. Boehner, Mrs. Miller of Michigan, Mr. McCotter, Mr. 
 Manzullo, Mr. Kirk, Mr. Upton, Mr. Ryan of Wisconsin, Mr. Kennedy of 
  Minnesota, and Mr. Ehlers) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Tariff Act of 1930 to allow United States manufacturers 
    that use products subject to countervailing or antidumping duty 
   proceedings or use domestic like products to participate in those 
       proceedings as interested parties, 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 ``American Manufacturing 
Competitiveness Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The competitiveness of manufacturing industries in the 
        United States must be a priority for the United States 
        Government.
            (2) Antidumping and countervailing duty laws of the United 
        States are in the interest of the United States, when applied 
        in an objective and fair manner, to prevent unfair pricing and 
        subsidized competition.
            (3) Imposing antidumping and countervailing duties may harm 
        United States industrial users of imported goods or domestic 
        like products, because those users rely on such goods to 
        manufacture products in the United States.
            (4) Current law does not permit United States industrial 
        users to participate fully in antidumping or countervailing 
        duty cases that might affect their businesses substantially; 
        nor can decisionmakers in these cases consider, under United 
        States law, the effects on United States industrial users in 
        determining whether to impose antidumping or countervailing 
        duties.
            (5) It is a matter of fundamental fairness that businesses 
        in the United States that may be affected by antidumping and 
        countervailing duties should be able to participate 
        meaningfully in the process by which decisions regarding those 
        duties are made.
            (6) In order to ensure economically sound decisions and the 
        health of United States manufacturers, the benefits of imposing 
        antidumping and countervailing duties should be balanced 
        against the economic harm caused by imposing those duties, and 
        antidumping and countervailing duties should not be imposed if 
        the harm is greater than the benefits of imposing such duties.

SEC. 3. PARTICIPATION OF INDUSTRIAL USERS IN COUNTERVAILING AND 
              ANTIDUMPING DUTY PROCEEDINGS.

    Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is 
amended as follows:
            (1) Section 701(a) (19 U.S.C. 1671(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by adding ``and'' after ``merchandise for 
                importation,'' at the end of paragraph (2); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) the Commission determines that the imposition of a 
        countervailing duty on such merchandise equal to the amount of 
        the net countervailable subsidy would result in greater 
        benefits to that United States industry than harm to United 
        States industrial users,''.
            (2) Section 702(b)(4)(B) (19 U.S.C. 1671a(b)(4)(B)) is 
        amended by striking ``or (G)'' and inserting ``(G), or (H)''.
            (3) Section 703 (19 U.S.C. 1671b) is amended--
                    (A) in subsection (a)(1), in the first sentence, by 
                striking ``and that imports of the subject merchandise 
                are not negligible'' and inserting ``, that imports of 
                the subject merchandise are not negligible, and that 
                the imposition of a countervailing duty on the subject 
                merchandise equal to the amount of the net 
                countervailable subsidy would result in greater 
                benefits to that United States industry than harm to 
                United States industrial users''; and
                    (B) in subsection (b)(3), by striking ``or (G)'' 
                each place it appears and inserting ``(G), or (H)''.
            (4) Section 704(a)(2)(B) (19 U.S.C. 1671c(a)(2)(B)) is 
        amended--
                    (A) in clause (i), by inserting ``(other than 
                United States industrial users)'' after ``consumers'';
                    (B) by striking ``and'' at the end of clause (ii);
                    (C) by striking the period at the end of clause 
                (iii) and inserting ``; and''; and
                    (D) by adding after clause (iii) the following:
                            ``(iv) the relative impact on the 
                        competitiveness of United States industrial 
                        users, including, but not limited to, any such 
                        impact on employment by and investment in 
                        United States industrial users.''.
            (5) Section 704(g)(2) (19 U.S.C. 1671c(g)(2)) is amended by 
        striking ``or (G)'' and inserting ``(G), or (H)''.
            (6) Section 704(h)(1) (19 U.S.C. 1671c(h)(1)) is amended by 
        striking ``or (G)'' and inserting ``(G), or (H)''.
            (7) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is amended in 
        the first sentence, by inserting before the period the 
        following: ``, and whether the imposition of a countervailing 
        duty on the subject merchandise in an amount equal to the net 
        countervailable subsidy would result in greater benefits to 
        that United States industry than harm to United States 
        industrial users''.
            (8) Section 731 (19 U.S.C. 1673) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by adding ``and'' after ``that merchandise for 
                importation,'' at the end of paragraph (2); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) the Commission determines that the imposition of an 
        antidumping duty on the subject merchandise under this subtitle 
        would result in greater benefits to that United States industry 
        than harm to United States industrial users,''.
            (9) Section 732(b)(3)(B) (19 U.S.C. 1673a(b)(3)(B)) is 
        amended by striking ``or (G)'' and inserting ``(G), or (H)''.
            (10) Section 733 19 U.S.C. 1673b) is amended--
                    (A) in subsection (a), in the first sentence, by 
                striking ``and that imports of the subject merchandise 
                are not negligible'' and inserting ``, that imports of 
                the subject merchandise are not negligible, and that 
                the imposition of an antidumping duty on the subject 
                merchandise under this subtitle would result in greater 
                benefits to that United States industry than harm to 
                United States industrial users''; and
                    (B) in subsection (b)(2), by striking ``or (G)'' 
                each place it appears and inserting ``(G), or (H)''.
            (11) Section 734(a)(2)(B) (19 U.S.C. 1673c(a)(2)(B)) is 
        amended--
                    (A) in clause (i), by inserting ``(other than 
                United States industrial users)'' after ``consumers'';
                    (B) by striking ``and'' at the end of clause (ii);
                    (C) by striking the period at the end of clause 
                (iii) and inserting ``; and''; and
                    (D) by adding after clause (iii) the following:
                            ``(iv) the relative impact on the 
                        competitiveness of United States industrial 
                        users, including, but not limited to, any such 
                        impact on employment by and investment in 
                        United States industrial users.''.
            (12) Section 734(g)(2) (19U.S.C. 1673c(g)(2)) is amended by 
        striking ``or (G)'' and inserting ``(G), or (H)''.
            (13) Section 734(h)(1) (19 U.S.C. 1673c(h)(1)) is amended 
        by striking ``or (G)'' and inserting ``(G), or (H)''.
            (14) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) is amended 
        in the first sentence, by inserting before the period the 
        following: ``, and whether the imposition of an antidumping 
        duty on the subject merchandise under this subtitle would 
        result in greater benefits to that United States industry than 
        harm to United States industrial users''.
            (15) Section 736(c) (19 U.S.C. 1673e(c)) is amended--
                    (A) in paragraph (1)(C), by inserting ``United 
                States industrial user,'' after ``producer,''; and
                    (B) in paragraph (4)(A), by striking ``or (G)'' and 
                inserting ``(G), or (H)''.
            (16) Section 751 (19 U.S.C. 1675) is amended--
                    (A) in subsection (b)(2)--
                            (i) in subparagraph (A), by inserting after 
                        ``material injury,'' the following: ``and, if 
                        so, whether continuing the countervailing duty 
                        order or antidumping duty order or finding 
                        would result in greater benefits to the United 
                        States industry than harm to United States 
                        industrial users,''; and
                            (ii) in subparagraph (C), by inserting 
                        after ``material injury'' the following: ``, 
                        and, if so, whether continuing the suspended 
                        investigation would result in greater benefits 
                        to the United States industry than harm to 
                        United States industrial users'';
                    (B) in subsection (c)--
                            (i) in paragraph (1), by inserting before 
                        the period at the end the following: ``, and, 
                        if so, whether continuing the countervailing 
                        duty order or antidumping duty order, or 
                        continuing the suspended investigation, would 
                        result in greater benefits to the United States 
                        industry than harm to United States industrial 
                        users'';
                            (ii) in paragraph (3)(A), by striking ``and 
                        (G)'' and inserting ``(G), or (H)''; and
                            (iii) in paragraph (4)--
                                    (I) in subparagraph (A), by 
                                striking ``or (B)'' and inserting ``, 
                                (B), or (H)''; and
                                    (II) in subparagraph (B), by 
                                inserting ``described in section 
                                771(9)(A) or (B)'' after ``an 
                                interested party''; and
                    (C) in subsection (d)(2)(B), by inserting before 
                the period the following: ``and that continuation of 
                the order, finding, or investigation, as the case may 
                be, would result in greater benefits to the United 
                States industry than harm to United States industrial 
                users''.
            (17) Section 752(a)(1) (19 U.S.C. 1675a(a)(1)) is amended--
                    (A) in the first sentence, by inserting before the 
                period the following: ``, and, if so, whether 
                continuation of the order or investigation, as the case 
                may be, would result in greater benefits to the United 
                States industry than harm to United States industrial 
                users''; and
                    (B) in the second sentence, by inserting ``and on 
                United States industrial users'' after ``industry''.
            (18) Section 753(a)(1) (19 U.S.C. 1675b(a)(1)) is amended--
                    (A) by striking ``or (G)'' and inserting ``(G), or 
                (H)''; and
                    (B) by inserting before the period the following: 
                ``, and, if so, whether imposition of the 
                countervailing duty would result in greater benefits to 
                the United States industry than harm to United States 
                industrial users''.
            (19) Section 771 (19 U.S.C. 1677(9)) is amended--
                    (A) in paragraph (9)--
                            (i) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (G), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(H) a United States industrial user, or a trade 
                or business association a majority of whose members are 
                United States industrial users.''; and
                    (B) by inserting after paragraph (9) the following:
            ``(9A) United states industrial user.--The term `United 
        States industrial user' means a manufacturer or producer that 
        uses subject merchandise or a domestic like product in the 
        manufacture or production of any product in the United 
        States.''.
            (20) Section 771 (19 U.S.C. 1677) is amended by adding at 
        the end the following new paragraph:
            ``(37) Evaluation of benefits to united states industry and 
        harm to united states industrial users.--In considering the 
        potential benefits to the industry in the United States 
        materially injured or threatened with material injury (in this 
        paragraph referred to as the `United States industry'), and 
        harm to United States industrial users, from the imposition or 
        continuation of antidumping or countervailing duties under 
        sections 701(a), 703(a), 705(b), 731, 733(a), 735(b), 751(b), 
        751(c), 751(d), 752(a), and 753(a), the Commission shall weigh 
        harm to United States industrial users as a whole, taking into 
        account the following factors:
                    ``(A) Likely harm to United States industrial users 
                from declines in output, sales, market share, profits, 
                productivity, return on investments, and utilization of 
                capacity in the production of downstream products, 
                compared to likely benefits to the United States 
                industry with respect to those factors.
                    ``(B) Likely harm to United States industrial users 
                from negative impact on cash flow, inventories, 
                employment, wages, growth, ability to raise capital, 
                and investment, compared to likely benefits to the 
                United States industry with respect to those factors.
                    ``(C) Likely negative effects on the existing 
                development and production efforts of United States 
                industrial users, including efforts to develop a 
                derivative or more advanced version of their products 
                for manufacture or production in the United States, 
                compared to likely benefits to the United States 
                industry with respect to those factors.
                    ``(D) The effect of increased costs or prices for 
                the subject merchandise and domestic like products and 
                reduced availability of the subject merchandise and 
                domestic like products on the competitiveness of United 
                States industrial users located in the market, 
                including the extent to which United States industrial 
                users and their customers would be able to pass on 
                additional costs resulting from antidumping and 
                countervailing duties, compared to likely benefits to 
                the United States industry with respect to those 
                factors.
                    ``(E) Such other economic factors as the Commission 
                determines are relevant to the potential impact of the 
                imposition or continuation of duties, as the case may 
                be, on the United States industry and on United States 
                industrial users.
        The Commission may determine harm to United States industrial 
        users only if United States industrial users have presented 
        credible evidence of such harm.''.
            (21) Section 777(h) (19 U.S.C. 1677f(h)) is amended--
                    (A) by striking ``and Industrial Users'' in the 
                subsection heading; and
                    (B) by striking ``for industrial users of the 
                subject merchandise and, if the merchandise'' and 
                inserting ``, if the subject merchandise or a domestic 
                like product''.
            (22) Section 782(i)(3)(A) (19 U.S.C. 1677m(i)(3)(A)) is 
        amended by striking ``or (G)'' and inserting ``(G), or (H)''.
                                 <all>