[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1050 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1050

To amend the Tariff Act of 1930 to provide for an expedited antidumping 
investigation when imports increase materially from new suppliers after 
   an antidumping order has been issued, and to amend the provision 
 relating to adjustments to export price and constructed export price.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2005

  Mrs. Lincoln (for herself, Mr. Burr, Mrs. Dole, Mr. Graham, and Mr. 
    Durbin) 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 provide for an expedited antidumping 
investigation when imports increase materially from new suppliers after 
   an antidumping order has been issued, and to amend the provision 
 relating to adjustments to export price and constructed export price.

    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 ``Expedited Remedy for Persistent 
Dumping Act of 2005''.

SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT.

    (a) Change in Persistent Dumping Procedures.--Section 732(a)(2) of 
the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Initiation of expedited investigation.--An 
                expedited antidumping duty investigation shall be 
                initiated with respect to a particular class or kind of 
                merchandise that is subject to an existing antidumping 
                order within 20 days of the request of an interested 
                party described in subparagraph (C), (D), (E), (F), or 
                (G) of section 771(9), if the administering authority 
                determines, from information available to it, that 
                imports of such class or kind of merchandise have 
                increased materially from an additional supplier 
                country, as defined in subparagraph (C), during any 90-
                day period or during a longer period as determined by 
                the administering authority to be appropriate. The 
                request shall allege and present supporting information 
                that such imports are occurring. The administering 
                authority, in making a determination under this 
                subparagraph, shall consider the public record of its 
                investigation of imports of merchandise subject to the 
                existing antidumping order.'';
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Increased materially.--The administering 
                authority shall consider imports of merchandise from an 
                additional supplier country to have increased 
                materially if such imports have increased by 15 percent 
                or more over the amount of such imports during a period 
                of comparable duration preceding initiation of the 
                antidumping investigation of imports of merchandise 
                subject to the existing antidumping order.''; and
            (3) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Procedures and injury determinations for 
                expedited investigations.--
                            ``(i) Except as provided in this 
                        subparagraph, the provisions of subsections 
                        (b)(3), (c)(4), (d), and (e) of this section, 
                        section 733 (b), (d), and (e), section 734 (a), 
                        (b), (c), (d), (e), (f), (i), (k), and (l), and 
                        section 735 (a), (c), (d), and (e) shall apply 
                        to expedited investigations under this 
                        paragraph.
                            ``(ii) The administering authority shall 
                        issue a preliminary determination within 80 
                        days of receiving a request for an 
                        investigation under subparagraph (A).
                            ``(iii)(I) Not later than 45 days after the 
                        date on which the request under subparagraph 
                        (A) is received by the administering authority, 
                        the Commission shall determine if there is a 
                        reasonable indication of material injury or 
                        threat of material injury as prescribed in 
                        section 733(a)(1).
                            ``(II) The Commission shall make a 
                        determination under this clause from reasonably 
                        available information (including the public 
                        record of its investigation of imports of 
                        merchandise subject to the existing antidumping 
                        order).
                            ``(iv) If the Commission makes an 
                        affirmative determination that there is a 
                        reasonable indication of material injury and 
                        the administering authority makes an 
                        affirmative final determination, the Commission 
                        shall make a final determination under section 
                        735(b)(1) before the later of--
                                    ``(I) the 120th day after the day 
                                on which the administering authority 
                                makes its affirmative preliminary 
                                determination under clause (ii); or
                                    ``(II) the 45th day after the day 
                                on which the administering authority 
                                makes its affirmative final 
                                determination under section 735(a).
                            ``(v) An affirmative final determination 
                        shall not be made unless the Commission 
                        determines pursuant to the factors described in 
                        sections 735(b)(1) and 771(7) that an industry 
                        in the United States is materially injured, or 
                        threatened with material injury, by reason of 
                        imports of the subject merchandise and that 
                        imports of the subject merchandise are not 
                        negligible.''.

SEC. 3. REIMBURSEMENT OF DUTIES.

    Section 772(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(2)) 
is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting a comma; and
            (3) by adding at the end the following new subparagraphs:
                    ``(C) an amount equal to the dumping margin 
                calculated under section 771(35)(A), unless the 
                producer or exporter is able to demonstrate that the 
                importer was in no way reimbursed for any antidumping 
                duties paid, and
                    ``(D) an amount equal to the net countervailable 
                subsidy calculated under section 771(6), unless the 
                producer or exporter is able to demonstrate that the 
                importer was in no way reimbursed for any 
                countervailing duties paid.''.

SEC. 4. 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 Act shall apply with 
respect to goods from Canada and Mexico.
                                 <all>