1.Application of countervailing duty
provisions to nonmarket economy countries
(a)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)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)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)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).
2.Adjustment of antidumping duty in certain
proceedings relating to imports from nonmarket economy countries
(a)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)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
dutyThe 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)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.
Passed the Senate
March 5, 2012.
Secretary