[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.