[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3080 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3080

   To provide for judicial determination of injury in certain cases 
 involving dumped and subsidized merchandise imported into the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2010

Mr. Specter (for himself, Mr. Casey, and Mr. Brown of Ohio) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
   To provide for judicial determination of injury in certain cases 
 involving dumped and subsidized merchandise imported into 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 ``Unfair Foreign Competition Act of 
2010''.

SEC. 2. JUDICIAL DETERMINATION OF INJURY.

    (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 
1671 et seq.) is amended by adding at the end the following new 
subtitle:

             ``Subtitle E--Judicial Determination of Injury

``SEC. 791. CIVIL ACTION.

    ``(a) Injury Determination.--Notwithstanding any other provision of 
this title, in an antidumping or countervailing duty investigation 
initiated under section 702 or 732, a petitioning party, may, not later 
than 30 days after the date an investigation is initiated under such 
sections, elect to bring a civil action in a United States district 
court, for a determination that--
            ``(1) an industry in the United States--
                    ``(A) is materially injured, or
                    ``(B) is threatened with material injury, or
            ``(2) the establishment of an industry in the United States 
        is materially retarded,
by reason of imports, or sales (or the likelihood of sales) for 
importation, of the merchandise subject to the investigation, and that 
imports of the subject merchandise are not negligible.
    ``(b) Five-Year Reviews.--Not later than 30 days after a 5-year 
review of an antidumping or countervailing duty order is initiated 
under section 751(c), a party, who was a petitioning party in the 
initial investigation that resulted in the antidumping or 
countervailing duty order, may bring a civil action in a United States 
district court for a determination of whether revocation of the 
antidumping or countervailing duty order or termination of the 
investigation suspended under section 704 or 734 would likely lead to 
continuation or recurrence of material injury based on the standards 
set forth in section 752.
    ``(c) Effect of Election; Relief.--
            ``(1) Effect of election.--
                    ``(A) In general.--An election under subsection (a) 
                or (b) of this section shall be for a determination by 
                the district court in lieu of a determination by the 
                Commission under section 703(a), section 733(a), 
                section 705(b), section 735(b), or chapter 1 of 
                subtitle C, as the case may be.
                    ``(B) Commission to compile record.--If an election 
                is made under this subtitle, the Commission shall 
                conduct an investigation and compile evidence with 
                respect to the petition in the same manner and to the 
                same extent under this title as if an election had not 
                been made. Any information compiled by the Commission 
                shall be made available to the parties to the 
                proceeding and furnished to the district court in a 
                timely manner.
                    ``(C) Notification by the administering authority 
                and commission.--If an election is made under this 
                subtitle, any notification the administering authority 
                is required to provide the Commission under this title 
                shall be provided to the district court and any 
                notification the Commission is required to provide the 
                administering authority shall be provided to the 
                district court.
            ``(2) Relief.--
                    ``(A) In general.--In an action brought under 
                subsection (a) or (b), the district court shall apply 
                the same standards and make the same determinations and 
                findings, that would be made by the Commission under 
                this title if an election had not been made.
                    ``(B) Findings and conclusions.--The court shall 
                issue findings of fact and conclusions of law and any 
                order issued by the court shall have the same effect as 
                a determination of the Commission under this title.
            ``(3) Special rules.--The following rules shall apply to 
        actions initiated under subsection (a) or (b):
                    ``(A) Appeal.--An order issued by a United States 
                district court under this title shall be appealable to 
                a United States Court of Appeals.
                    ``(B) Order not stayed.--An order issued under this 
                section shall not be stayed pending appeal to a United 
                States Court of Appeals.
                    ``(C) Precedential effect of decisions of the 
                international trade commission.--The decisions of the 
                Commission in other investigations initiated under this 
                title shall not be binding on the court.
                    ``(D) Hearings.--The court shall provide a 
                petitioning party and any interested party an 
                opportunity to file briefs and argue orally to the 
                court based on the information compiled by the 
                Commission.
                    ``(E) Attendance by defendant.--There shall be no 
                obligation on any defendant interested party to attend 
                a meeting or hearing, and failure to do so shall not be 
                prejudicial to that party's case.
                    ``(F) Default judgments.--The failure of an 
                interested party, described in subparagraph (A) or (B) 
                of section 771(9), to intervene in an action initiated 
                under this section or otherwise to participate in the 
                proceedings shall not result in judgment by default.
                    ``(G) Venue.--A civil action under this section may 
                be brought in a judicial district where a manufacturing 
                facility, sales office, or administrative headquarters 
                of any plaintiff who is a petitioning party is located.
    ``(d) Service of Process.--Within 5 days of filing an action under 
subsection (a) or (b), the filing party shall notify all known 
interested parties described in subparagraphs (A) and (B) of section 
771(9). Such notice shall include--
            ``(1) a copy of the complaint; and
            ``(2) notice that the party is entitled to participate in 
        the proceedings pursuant to subsection (e) of this section.
    ``(e) Intervention as of Right.--Any interested party described in 
subparagraphs (A) and (B) of section 771(9) shall be entitled to 
intervene in an action initiated under this section.
    ``(f) Preliminary Relief.--
            ``(1) In general.--In an action brought under subsection 
        (a), the court shall, upon motion, issue a preliminary order 
        that contains a determination of whether there is a reasonable 
        indication that an industry in the United States is materially 
        injured, or is threatened with material injury, or the 
        establishment of an industry in the United States is materially 
        retarded, by reason of imports of the subject merchandise and 
        that imports of the subject merchandise are not negligible. The 
        order shall include a description of the essential facts under 
        consideration which form the basis of the decision.
            ``(2) Effect of order.--An order making an affirmative 
        determination under paragraph (1) shall have the same effect as 
        an affirmative preliminary determination by the Commission 
        under section 703(a) or 733(a).
            ``(3) Timing.--The court shall make a preliminary 
        determination under this subsection within 45 days after a 
        complaint has been filed.
    ``(g) Expedited Action.--
            ``(1) In general.--An action brought under subsection (a) 
        or (b) shall be advanced on the docket and expedited in every 
        way practicable.
            ``(2) Final determination in subsection (a) cases.--The 
        court shall make a final determination regarding material 
        injury in an action filed under subsection (a) before the later 
        of--
                    ``(A) the 120th day after the date on which the 
                administering authority makes an affirmative 
                preliminary determination under section 703(b) or 
                733(b); or
                    ``(B) the 45th day after the day on which the 
                administering authority makes an affirmative final 
                determination under section 705(a) or 735(a).
            ``(3) Final determination in five-year reviews.--The court 
        shall make a final determination regarding the likelihood of 
        continuation or recurrence of material injury under subsection 
        (b) before the later of--
                    ``(A) the 360th day after the date on which the 
                review is initiated under section 751(c)(2); or
                    ``(B) the 120th day after the date on which the 
                final determination of the administering authority is 
                published.
            ``(4) Extraordinarily complicated cases.--If the court 
        concludes that a case is extraordinarily complicated, as 
        defined in section 703(c) or 733(c), the court may extend the 
        time under paragraphs (2) or (3) by an additional 30 days.
    ``(h) Protection of Confidential Information.--The court shall make 
arrangements to protect the confidentiality of information designated 
as proprietary by an interested party pursuant to a judicial protective 
order.''.
    (b) Changed Circumstances Reviews.--Section 751(b) of the Tariff 
Act of 1930 (19 U.S.C. 1675(b)) is amended by adding at the end the 
following:
            ``(5) Certain cases to be filed in united states district 
        court.--If the injury determination at issue was initially made 
        by a United States district court, the court shall retain 
        jurisdiction over the injury determination for purposes of this 
        section. Any party seeking revocation of an order or 
        termination of a suspended investigation shall seek review in 
        the district court that made the original injury determination 
        under section 791.''.
    (c) Clerical Amendment.--The table of contents for title VII of the 
Tariff Act of 1930 is amended by inserting after the item relating to 
section 783 the following:

             ``Subtitle E--Judicial Determination of Injury

``Sec. 791. Civil action.''.
    (d) Conforming Amendment.--Section 516A of the Tariff Act of 1930 
(19 U.S.C. 1516a) is amended by striking ``Within 30 days'' and 
inserting ``Except in the case where an interested party makes an 
election under subtitle E of title VII for a judicial determination of 
injury, within 30 days''.
    (e) Effective Date.--The amendments made by this section apply to--
            (1) countervailing duty investigations initiated under 
        section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or 
        after the date of the enactment of this Act;
            (2) antidumping duty investigations initiated under section 
        732 of the Tariff Act of 1930 (19 U.S.C. 1673a) on or after the 
        date of the enactment of this Act; and
            (3) reviews initiated under section 751 of the Tariff Act 
        of 1930 (19 U.S.C. 1675) on or after the date of the enactment 
        of this Act.

SEC. 3. 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.

SEC. 4. NOTIFICATION TO WORLD TRADE ORGANIZATION.

    Not later than 30 days after the date of the enactment of this Act, 
pursuant to the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994 and the Agreement on 
Subsidies and Countervailing Measures, the Secretary of State shall 
notify the appropriate officials of the World Trade Organization of the 
amendments made by this Act and that the United States district courts 
shall be treated as competent authorities for purposes of injury 
determinations under title VII of the Tariff Act of 1930 (19 U.S.C. 
1671 et seq.).
                                 <all>