[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4105 Enrolled Bill (ENR)]

        H.R.4105

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 An Act


 
To apply the countervailing duty provisions of the Tariff Act of 1930 to 
          nonmarket economy countries, 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. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO NONMARKET 
ECONOMY COUNTRIES.
    (a) In General.--Section 701 of the Tariff Act of 1930 (19 U.S.C. 
1671) is amended by adding at the end the following:
    ``(f) Applicability to Proceedings Involving Nonmarket Economy 
Countries.--
        ``(1) In general.--Except as provided in paragraph (2), the 
    merchandise on which countervailing duties shall be imposed under 
    subsection (a) includes a class or kind of merchandise imported, or 
    sold (or likely to be sold) for importation, into the United States 
    from a nonmarket economy country.
        ``(2) Exception.--A countervailing duty is not required to be 
    imposed under subsection (a) on a class or kind of merchandise 
    imported, or sold (or likely to be sold) for importation, into the 
    United States from a nonmarket economy country if the administering 
    authority is unable to identify and measure subsidies provided by 
    the government of the nonmarket economy country or a public entity 
    within the territory of the nonmarket economy country because the 
    economy of that country is essentially comprised of a single 
    entity.''.
    (b) Effective Date.--Subsection (f) of section 701 of the Tariff 
Act of 1930, as added by subsection (a) of this section, applies to--
        (1) all proceedings initiated under subtitle A of title VII of 
    that Act (19 U.S.C. 1671 et seq.) on or after November 20, 2006;
        (2) all resulting actions by U.S. Customs and Border 
    Protection; and
        (3) all civil actions, criminal proceedings, and other 
    proceedings before a Federal court relating to proceedings referred 
    to in paragraph (1) or actions referred to in paragraph (2).
SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS RELATING 
TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES.
    (a) In General.--Section 777A of the Tariff Act of 1930 (19 U.S.C. 
1677f-1) is amended by adding at the end the following:
    ``(f) Adjustment of Antidumping Duty in Certain Proceedings 
Relating to Imports From Nonmarket Economy Countries.--
        ``(1) In general.--If the administering authority determines, 
    with respect to a class or kind of merchandise from a nonmarket 
    economy country for which an antidumping duty is determined using 
    normal value pursuant to section 773(c), that--
            ``(A) pursuant to section 701(a)(1), a countervailable 
        subsidy (other than an export subsidy referred to in section 
        772(c)(1)(C)) has been provided with respect to the class or 
        kind of merchandise,
            ``(B) such countervailable subsidy has been demonstrated to 
        have reduced the average price of imports of the class or kind 
        of merchandise during the relevant period, and
            ``(C) the administering authority can reasonably estimate 
        the extent to which the countervailable subsidy referred to in 
        subparagraph (B), in combination with the use of normal value 
        determined pursuant to section 773(c), has increased the 
        weighted average dumping margin for the class or kind of 
        merchandise,
    the administering authority shall, except as provided in paragraph 
    (2), reduce the antidumping duty by the amount of the increase in 
    the weighted average dumping margin estimated by the administering 
    authority under subparagraph (C).
        ``(2) Maximum reduction in antidumping duty.--The administering 
    authority may not reduce the antidumping duty applicable to a class 
    or kind of merchandise from a nonmarket economy country under this 
    subsection by more than the portion of the countervailing duty rate 
    attributable to a countervailable subsidy that is provided with 
    respect to the class or kind of merchandise and that meets the 
    conditions described in subparagraphs (A), (B), and (C) of 
    paragraph (1).''.
    (b) Effective Date.--Subsection (f) of section 777A of the Tariff 
Act of 1930, as added by subsection (a) of this section, applies to--
        (1) all investigations and reviews initiated pursuant to title 
    VII of that Act (19 U.S.C. 1671 et seq.) on or after the date of 
    the enactment of this Act; and
        (2) subject to subsection (c) of section 129 of the Uruguay 
    Round Agreements Act (19 U.S.C. 3538), all determinations issued 
    under subsection (b)(2) of that section on or after the date of the 
    enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.