[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1187 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1187
To amend the Tariff Act of 1930 to improve the administration of
antidumping and countervailing duty laws, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15, 2021
Mr. Brown (for himself and Mr. Portman) 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 improve the administration of
antidumping and countervailing duty laws, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Eliminating Global
Market Distortions To Protect American Jobs Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SUCCESSIVE INVESTIGATIONS
Sec. 101. Establishment of special rules for determination of material
injury in the case of successive
antidumping and countervailing duty
investigations.
Sec. 102. Initiation of successive antidumping and countervailing duty
investigations.
Sec. 103. Issuance of determinations with respect to successive
antidumping and countervailing duty
investigations.
TITLE II--RESPONDING TO MARKET DISTORTIONS
Sec. 201. Addressing cross-border subsidies in countervailing duty
investigations.
Sec. 202. Modification of definition of ordinary course of trade to
specify that an insufficient quantity of
foreign like products constitutes a
situation outside the ordinary course of
trade.
Sec. 203. Modification of adjustments to export price and constructed
export price with respect to duty drawback.
Sec. 204. Modification of determination of constructed value to include
distortions of costs that occur in foreign
countries.
Sec. 205. Special rules for calculation of cost of production and
constructed value to address distorted
costs.
TITLE III--PREVENTING CIRCUMVENTION
Sec. 301. Modification of requirements in circumvention inquiries.
Sec. 302. Requirement of provision by importer of certification by
importer or other party.
Sec. 303. Clarification of authority for Department of Commerce
regarding merchandise covered by
antidumping and countervailing duty
proceedings.
Sec. 304. Asset requirements applicable to nonresident importers.
TITLE IV--COUNTERING CURRENCY UNDERVALUATION
Sec. 401. Investigation or review of currency undervaluation under
countervailing duty law.
Sec. 402. Determination of benefit with respect to currency
undervaluation.
TITLE V--GENERAL PROVISIONS
Sec. 501. Application to Canada and Mexico.
Sec. 502. Effective date.
TITLE I--SUCCESSIVE INVESTIGATIONS
SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETERMINATION OF MATERIAL
INJURY IN THE CASE OF SUCCESSIVE ANTIDUMPING AND
COUNTERVAILING DUTY INVESTIGATIONS.
(a) In General.--Section 771(7) of the Tariff Act of 1930 (19
U.S.C. 1677(7)) is amended--
(1) by redesignating subparagraphs (E) through (J) as
subparagraphs (F) through (K), respectively;
(2) in subparagraph (I), as redesignated by paragraph (1)--
(A) by striking ``subparagraph (G)(ii)'' and
inserting ``subparagraph (H)(ii)''; and
(B) by striking ``subparagraph (F)'' and inserting
``subparagraph (G)''; and
(3) by inserting after subparagraph (D) the following:
``(E) Special rules for successive
investigations.--
``(i) In general.--
``(I) Evaluation of impact on
domestic industry.--In evaluating the
impact of imports of the merchandise on
producers of domestic like products
under subparagraph (C)(iii), the
Commission shall--
``(aa) assess the condition
of the domestic industry as
found in a recently completed
investigation;
``(bb) assess the effect of
a concurrent investigation or
recently completed
investigation on trade and the
financial performance of the
domestic industry, including
whether the imports are likely
to lead to the continuation or
recurrence of material injury
determined by the Commission in
any concurrent investigation or
recently completed
investigation; and
``(cc) take into account
and include in the record any
prior injury determinations by
the Commission with respect to
imports of the merchandise,
including the volume, price
effect, and impact of those
imports on the domestic
industry as determined in a
concurrent investigation or
recently completed
investigation.
``(II) Effect of recent improvement
on material injury determination.--For
the purposes of this subparagraph, the
Commission may not find that there is
no material injury or threat of
material injury to a domestic industry
based on recent improvements in the
industry's performance, such as an
increase in sales, market share, or
profitability of domestic producers,
that are related to relief granted
pursuant to a concurrent investigation
or recently completed investigation.
``(ii) Retroactive application of final
determination.--
``(I) In general.--In making any
finding under section 705(b)(4)(A) or
735(b)(4)(A) in a successive
investigation, the Commission shall
consider whether a concurrent
investigation or recently completed
investigation contributes to the
likelihood that the remedial effect of
the countervailing duty order to be
issued under section 706 or the
antidumping duty order to be issued
under section 736 will be seriously
undermined.
``(II) Burden of persuasion.--The
respondent in a successive
investigation shall have the burden of
persuasion with respect to whether--
``(aa) imports subject to
an affirmative determination
under subsection (a) of section
705 have not met the standard
for retroactive application
under subsection (b)(4)(A) of
that section; or
``(bb) imports subject to
an affirmative determination
under subsection (a) of section
735 have not met the standard
for retroactive application
under subsection (b)(4)(A) of
that section.''.
(b) Definitions.--Section 771 of the Tariff Act of 1930 (19 U.S.C.
1677) is amended by adding at the end the following:
``(37) Treatment of successive investigations.--For
purposes of sections 702(f), 732(f), 771(7)(E), and 784:
``(A) Concurrent investigation.--The term
`concurrent investigation' means an ongoing
investigation in which an affirmative determination
under section 703(a) or 733(a) has been made by the
Commission with respect to imports of a class or kind
of merchandise that are the same or similar to imports
of a class or kind of merchandise from another country
that are the subject of a successive investigation.
``(B) Recently completed investigation.--The term
`recently completed investigation' means a completed
investigation in which an affirmative determination
under section 705(b) or 735(b) was issued by the
Commission with respect to imports of a class or kind
of merchandise that are the same or similar to imports
of a class or kind of merchandise from another country
that are the subject of a successive investigation not
more than 2 years before the date of initiation of the
successive investigation.
``(C) Successive investigation.--The term
`successive investigation' means an investigation that
has been initiated by the administering authority
following a petition filed pursuant to section 702(f)
or 732(f).''.
SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND COUNTERVAILING DUTY
INVESTIGATIONS.
(a) Countervailing Duty Investigation.--Section 702 of the Tariff
Act of 1930 (19 U.S.C. 1671a) is amended by adding at the end the
following:
``(f) Initiation by Administering Authority of Successive
Countervailing Duty Investigation.--A successive investigation shall be
initiated--
``(1) under subsection (a), if--
``(A) the requirements under that subsection are
met with respect to imports of a class or kind of
merchandise; and
``(B) imports of the same or similar class or kind
of merchandise are or have been the subject of a
concurrent investigation or recently completed
investigation; or
``(2) under subsection (b), if--
``(A) the determinations under clauses (i) and (ii)
of subsection (c)(1)(A) are affirmative with respect to
imports of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind
of merchandise are or have been the subject of a
concurrent investigation or recently completed
investigation.''.
(b) Antidumping Duty Investigation.--Section 732 of the Tariff Act
of 1930 (19 U.S.C. 1673a) is amended by adding at the end the
following:
``(f) Initiation by Administering Authority of Successive
Antidumping Duty Investigation.--A successive investigation shall be
initiated--
``(1) under subsection (a), if--
``(A) the requirements under that subsection are
met with respect to imports of a class or kind of
merchandise; and
``(B) imports of the same or similar class or kind
of merchandise are or have been the subject of a
concurrent investigation or recently completed
investigation; or
``(2) under subsection (b), if--
``(A) the determinations under clauses (i) and (ii)
of subsection (c)(1)(A) are affirmative with respect to
imports of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind
of merchandise are or have been the subject of a
concurrent investigation or recently completed
investigation.''.
SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT TO SUCCESSIVE
ANTIDUMPING AND COUNTERVAILING DUTY INVESTIGATIONS.
(a) In General.--Subtitle D of title VII of the Tariff Act of 1930
(19 U.S.C. 1677 et seq.) is amended by adding at the end the following:
``SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE INVESTIGATIONS.
``(a) In General.--Notwithstanding any other provision of this
title, the administering authority--
``(1) with respect to a successive investigation under
section 702(f)--
``(A) shall issue a preliminary determination under
section 703(b) not later than 85 days after initiating
the investigation;
``(B) may not postpone under section 703(c) such
deadline for the issuance of a preliminary
determination unless requested by the petitioner;
``(C) shall obtain the information required for a
determination under section 703(e);
``(D) shall make a determination under section
703(e) with respect to the investigation;
``(E) shall issue a final determination under
section 705(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(F) shall extend the date of the final
determination under section 705(a) if requested by the
petitioner; and
``(2) with respect to a successive investigation under
section 732(f)--
``(A) shall issue a preliminary determination under
section 733(b) not later than 85 days after initiating
the investigation;
``(B) may not postpone under section 733(c) such
deadline for the issuance of a preliminary
determination unless requested by the petitioner;
``(C) shall obtain the information required for a
determination under section 733(e);
``(D) shall make a determination under section
733(e) with respect to the investigation;
``(E) shall issue a final determination under
section 735(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(F) may extend the date of the final
determination under section 735(a)(2).''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930 is amended by inserting after the item relating to section 783
the following:
``Sec. 784. Determinations relating to successive investigations.''.
TITLE II--RESPONDING TO MARKET DISTORTIONS
SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN COUNTERVAILING DUTY
INVESTIGATIONS.
(a) Definitions.--
(1) Countervailable subsidy.--Section 771 of the Tariff Act
of 1930 (19 U.S.C. 1677) is amended--
(A) in paragraph (5)(B)--
(i) in clause (i), by inserting after
``financial contribution'' the following: ``or
allows, explicitly or otherwise, another
authority to provide a financial
contribution''; and
(ii) in the flush text after clause (iii),
by striking ``the country'' and inserting ``a
country''; and
(B) in paragraph (9)--
(i) in subparagraph (B), by inserting after
``is exported'' the following: ``or the
authority (as defined in paragraph (5)(B))
alleged to have provided subsidies to a
producer of an input of such merchandise'';
(ii) in subparagraph (F), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (G), in the flush
text after clause (iii), by striking the period
at the end and inserting ``, and''; and
(iv) by adding at the end the following:
``(H) in any investigation or administrative review
under this title involving an allegation that a subsidy
is provided by an authority (as defined in paragraph
(5)(B)) within the territory of a country other than
the country in which the subject merchandise is
produced, a foreign manufacturer, producer, or exporter
of an input used in the production of the
merchandise.''.
(2) Upstream subsidy.--Section 771A(a)(1) of the Tariff Act
of 1930 (19 U.S.C. 1677-1(a)(1)) is amended by striking ``in
the same country as the authority''.
(b) Initiation of Investigations.--Section 702(b)(4)(A)(i) of the
Tariff Act of 1930 (19 U.S.C. 1671a(b)(4)(A)(i)) is amended by
inserting after ``named in the petition'' the following: ``(or, in the
case of a petition containing an allegation that a subsidy is provided
by an authority (as defined in section 771(5)(B)) within the territory
of a country other than the country in which the subject merchandise is
produced, the authority alleged to have provided the subsidy)''.
SEC. 202. MODIFICATION OF DEFINITION OF ORDINARY COURSE OF TRADE TO
SPECIFY THAT AN INSUFFICIENT QUANTITY OF FOREIGN LIKE
PRODUCTS CONSTITUTES A SITUATION OUTSIDE THE ORDINARY
COURSE OF TRADE.
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is
amended by adding at the end the following:
``(D) Situations in which the quantity of a foreign
like product selected for comparison under section
771(16) is insufficient to establish a proper
comparison to the export price or constructed export
price.''.
SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT PRICE AND CONSTRUCTED
EXPORT PRICE WITH RESPECT TO DUTY DRAWBACK.
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
1677a(c)(1)(B)) is amended--
(1) by striking ``any''; and
(2) by inserting after ``United States'' the following: ``,
but that amount shall not exceed the per unit amount of such
duties contained in the weighted average cost of production''.
SEC. 204. MODIFICATION OF DETERMINATION OF CONSTRUCTED VALUE TO INCLUDE
DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUNTRIES.
(a) In General.--Section 773(b)(3) of the Tariff Act of 1930 (19
U.S.C. 1677b(b)(3)) is amended--
(1) in subparagraph (A), by striking ``business'' and
inserting ``trade''; and
(2) in the flush text after subparagraph (C), by inserting
before ``For purposes'' the following: ``For purposes of
subparagraph (A), if a particular market situation exists such
that the cost of materials and fabrication or other processing
of any kind does not accurately reflect the cost of production
in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or
any other calculation methodology.''.
(b) Modification of Definition of Ordinary Course of Trade To
Include Adjusted Costs.--Section 771(15)(C) of the Tariff Act of 1930
(19 U.S.C. 1677(15)(C)) is amended--
(1) by striking ``that the particular market situation
prevents'' and inserting ``that a particular market situation
exists that--
``(i) prevents'';
(2) in clause (i), as designated by paragraph (1), by
striking the period at the end and inserting ``, relating to
normal value determined under subsection (a) of section 773;
or''; and
(3) by adding at the end the following:
``(ii) distorts certain costs of
production, relating to normal value determined
under subsections (b) and (e) of section
773.''.
SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF PRODUCTION AND
CONSTRUCTED VALUE TO ADDRESS DISTORTED COSTS.
(a) In General.--Section 773(f)(2) of the Tariff Act of 1930 (19
U.S.C. 1677b(f)(2)) is amended--
(1) by striking ``A transaction'' and inserting the
following:
``(A) In general.--A transaction''; and
(2) by adding at the end the following:
``(B) Transactions with certain entities.--
``(i) In general.--If an input for subject
merchandise is produced by or acquired from a
person or entity described in clause (iii), the
administering authority shall disregard such
production or acquisition as outside the
ordinary course of trade.
``(ii) Determination of amount.--If the
production or acquisition of an input is
disregarded under clause (i) and no other
transactions are available for consideration,
the determination of the amount to be used to
value the input shall be based on the
information available with respect to what the
amount would have been but for the
participation of the person or entity described
in clause (iii) in the market for the input or
based on any other calculation methodology.
``(iii) Persons and entities described.--A
person or entity described in this clause is--
``(I) any person in a nonmarket
economy country;
``(II) any person found to be
receiving a subsidy;
``(III) any person found to have
sold the input referred to in clause
(i) for less than fair market value
into the exporting country or any other
country;
``(IV) an authority (as defined in
section 771(5)(B)) within the territory
of the exporting country or any other
country; or
``(V) a group of authorities
described in subclause (IV) that
collectively account for a meaningful
share of the production of the
input.''.
TITLE III--PREVENTING CIRCUMVENTION
SEC. 301. MODIFICATION OF REQUIREMENTS IN CIRCUMVENTION INQUIRIES.
(a) In General.--Section 781 of the Tariff Act of 1930 (19 U.S.C.
1677j) is amended by striking subsection (f) and inserting the
following:
``(f) Procedures for Conducting Circumvention Inquiries.--
``(1) Initiation by administering authority.--A
circumvention inquiry shall be initiated whenever the
administering authority determines, from information available
to it, that a formal inquiry is warranted into the question of
whether the elements necessary for a determination under this
section exist.
``(2) Initiation by inquiry request.--
``(A) In general.--A circumvention inquiry shall be
initiated whenever an interested party files an inquiry
request that alleges the elements necessary for a
determination under this section, accompanied by
information reasonably available to the requestor
supporting those allegations.
``(B) Rules.--The administering authority shall
specify requirements for the contents and service of an
inquiry request under subparagraph (A).
``(C) Acceptance of communications.--The
administering authority shall not accept any
unsolicited oral or written communication from any
person other than the interested party filing an
inquiry request before the administering authority
decides whether to initiate an inquiry, except for
communications regarding the status of the
consideration of the inquiry request.
``(3) Action with respect to inquiry request.--Not later
than 20 days after the filing of an inquiry request under
paragraph (2)(A), the administering authority shall--
``(A) initiate a circumvention inquiry;
``(B) dismiss the inquiry request as inadequate and
notify the requestor in writing of the reasons for the
dismissal; or
``(C) notify all interested parties that the
inquiry request will be addressed through a
determination (other than a determination under this
section) by the administering authority as to whether a
particular type of merchandise is within the class or
kind of merchandise described in an existing finding of
dumping or an antidumping or countervailing duty order.
``(4) Determinations.--
``(A) Preliminary determinations.--
``(i) In general.--Except as provided in
clause (ii), not later than 90 days after the
date on which the administering authority
initiates a circumvention inquiry under
paragraph (1) or (3)(A), the administering
authority shall make a preliminary
determination, based on the information
available to it at the time of the
determination, of whether there is a reasonable
basis to believe or suspect that the
merchandise subject to the inquiry is
circumventing an existing finding of dumping or
an antidumping or countervailing duty order.
``(ii) Extension.--The administering
authority may extend the deadline under clause
(i) by a period not to exceed 45 days.
``(B) Final determinations.--
``(i) In general.--Except as provided in
clause (ii), not later than 120 days after
issuing a preliminary determination under
subparagraph (A) with respect to a
circumvention inquiry, the administering
authority shall make a final determination of
whether the merchandise subject to the inquiry
is circumventing an existing finding of dumping
or an antidumping or countervailing duty order.
``(ii) Extension.--The administering
authority may extend the deadline under clause
(i) by a period not to exceed 60 days.
``(C) Other class or kind determinations.--If an
inquiry request under paragraph (2)(A) is addressed
through a class or kind determination described in
paragraph (3)(C), the administering authority shall
make such determination not later than 335 days after
the filing of the inquiry request.
``(5) Rule of construction.--Nothing in this section shall
be construed to prevent the administering authority from
simultaneously initiating a circumvention inquiry under
paragraph (1) or (3)(A) and issuing a preliminary ruling under
paragraph (4)(A).''.
(b) Suspension of Liquidation and Collection of Deposits of Entries
Subject to Circumvention Inquiry.--Section 781 of the Tariff Act of
1930 is further amended by adding at the end the following:
``(g) Suspension of Liquidation and Collection of Deposits of
Entries Subject to Circumvention Inquiry.--
``(1) In general.--If the administering authority initiates
a circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f), the administering authority shall order--
``(A) the suspension, or continued suspension, of
liquidation of all entries of merchandise subject to
the circumvention inquiry; and
``(B) the posting of a cash deposit, at the
prevailing all-others or country-wide rate, for each
entry of merchandise described in subparagraph (A).
``(2) Rule of construction.--Nothing in this section shall
be construed to prevent the administering authority from
applying the requirements under this subsection in a class or
kind determination described in subsection (f)(3)(C).''.
(c) Country-Wide Application of Circumvention Determination.--
Section 781 of the Tariff Act of 1930 is further amended by adding at
the end the following:
``(h) Country-Wide Application of Circumvention Determination.--
``(1) In general.--The administering authority shall apply
a determination described in paragraph (2) on a country-wide
basis unless it determines that application of that
determination to particular producers or exporters is
appropriate.
``(2) Determinations described.--A determination described
in this paragraph is any of the following:
``(A) A determination under subsection (a) with
respect to merchandise completed or assembled in the
United States.
``(B) A determination under subsection (b) with
respect to merchandise completed or assembled in a
foreign country.
``(C) A determination under subsection (c) with
respect to minor alteration of merchandise.
``(D) A determination under subsection (d) with
respect to later-developed merchandise.''.
(d) Publication in the Federal Register.--Section 777(i) of the
Tariff Act of 1930 is amended by adding at the end the following:
``(4) Circumvention inquiries.--Whenever the administering
authority makes a determination under section 781 whether to
initiate a circumvention inquiry or makes a preliminary or
final determination under subsection (f)(4) of that section,
the administering authority shall publish the facts and
conclusions supporting that determination and shall publish
notice of that determination in the Federal Register.''.
(e) Adding Verification Responses in Circumvention Inquiries.--
Section 782(i) of the Tariff Act of 1930 (19 U.S.C. 1677m(i)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)(B), by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following:
``(4) a final determination in a circumvention inquiry
conducted pursuant to section 781.''.
SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF CERTIFICATION BY
IMPORTER OR OTHER PARTY.
(a) In General.--Subtitle D of title VII of the Tariff Act of 1930
(19 U.S.C. 1677 et seq.), as amended by section 103(a), is further
amended by adding at the end the following:
``SEC. 785. REQUIREMENT FOR CERTIFICATION BY IMPORTER OR OTHER PARTY.
``(a) Requirement.--
``(1) In general.--For imports of merchandise into the
customs territory of the United States, the administering
authority may require an importer or other party--
``(A) to provide a certification described in
paragraph (2) at the time of entry or with the entry
summary;
``(B) to maintain that certification; or
``(C) to otherwise demonstrate compliance with the
requirements for that certification.
``(2) Certification described.--A certification described
in this paragraph is a certification by the importer of the
merchandise or other party, as required by the administering
authority, including a certification that--
``(A) the merchandise is not subject to an
antidumping or countervailing duty proceeding under
this title; and
``(B) the inputs used in production,
transformation, or processing of the merchandise are
not subject to an antidumping or countervailing duty
under this title.
``(3) Available upon request.--A certification required by
the administering authority under paragraph (1), if not already
provided, shall be made available upon request to the
administering authority or the Commissioner of U.S. Customs and
Border Protection (in this section referred to as the
`Commissioner').
``(b) Authority To Collect Cash Deposits and to Assess Duties.--
``(1) In general.--If the administering authority requires
an importer or other party to provide a certification described
in paragraph (2) of subsection (a) for merchandise imported
into the customs territory of the United States pursuant to
paragraph (1) of that subsection, and the importer or other
party does not provide that certification or that certification
contains any false, misleading, or fraudulent statement or
representation or any material omission, the administering
authority shall instruct the Commissioner--
``(A) to suspend liquidation of the entry;
``(B) to require that the importer or other party
post a cash deposit in an amount equal to the
antidumping duty or countervailing duty applicable to
the merchandise; and
``(C) to assess the appropriate rate of duty upon
liquidation or reliquidation of the entry.
``(2) Assessment rate.--If no rate of duty for an entry is
available at the time of assessment under paragraph (1)(C), the
administering authority shall identify the applicable cash
deposit rate to be applied to the entry, with the applicable
duty rate to be provided as soon as the duty rate becomes
available.
``(c) Penalties.--If the administering authority requires an
importer or other party to provide a certification described in
paragraph (2) of subsection (a) for merchandise imported into the
customs territory of the United States pursuant to paragraph (1) of
that subsection, and the importer or other party does not provide that
certification or that certification contains any false, misleading, or
fraudulent statement or representation or any material omission, the
importer of the merchandise may be subject to a penalty pursuant to
section 592 of this Act, section 1001 of title 18, United States Code,
or any other applicable provision of law.''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930, as amended by section 103(b), is further amended by inserting
after the item relating to section 784 the following:
``Sec. 785. Requirement for certification by importer or other
party.''.
SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPARTMENT OF COMMERCE
REGARDING MERCHANDISE COVERED BY ANTIDUMPING AND
COUNTERVAILING DUTY PROCEEDINGS.
(a) Coverage by Antidumping or Countervailing Duty Proceeding.--To
determine whether merchandise imported into the United States is
covered by an antidumping or countervailing duty proceeding under title
VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the
administering authority may use any reasonable method and is not bound
by the determinations of any other Federal agency, including tariff
classification and country of origin marking rulings issued by the
Commissioner of U.S. Customs and Border Protection.
(b) Origin of Merchandise.--To determine the origin of merchandise
for purposes of an antidumping or countervailing duty proceeding under
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the
administering authority may apply any reasonable method and may
consider relevant factors, including--
(1) whether the upstream and downstream products are within
the same class or kind of merchandise;
(2) whether the merchandise, or an essential component
thereof, is substantially transformed in the country of
exportation;
(3) the extent to which the merchandise is processed; or
(4) any other factors that the administering authority
considers appropriate.
(c) Administering Authority Defined.--In this section, the term
``administering authority'' has the meaning given that term in section
771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.
(a) In General.--Part III of title IV of the Tariff Act of 1930 (19
U.S.C. 1481 et seq.) is amended by inserting after section 484b the
following:
``SEC. 484C. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.
``(a) Definitions.--In this section:
``(1) Importer; nonresident importer.--The terms `importer'
and `nonresident importer' have the meanings given those terms
in section 641(i).
``(2) Resident importer.--The term `resident importer'
means any importer other than a nonresident importer.
``(b) Requirements for Nonresident Importers.--Except as provided
in subsection (c), the Commissioner of U.S. Customs and Border
Protection shall--
``(1) require a nonresident importer that imports
merchandise into the United States to maintain assets in the
United States sufficient to pay all duties that may potentially
be applied to the merchandise; and
``(2) require a bond with respect to the merchandise in an
amount sufficient to ensure full liability on the part of a
nonresident importer and the surety of the importer based on
the amount of assets the Commissioner determines to be
sufficient under subsection (c).
``(c) Determination of Amount of Assets Required To Be
Maintained.--For purposes of subsection (b)(1), the Commissioner shall
calculate the amount of assets sufficient to pay all duties that may
potentially be applied to merchandise imported by a nonresident
importer based on an amount that exceeds the amount, calculated using
the fair market value of the merchandise, of all duties, fees,
interest, taxes, or other charges, and all deposits for duties, fees,
interest, taxes, or other charges, that would apply with respect to the
merchandise if the merchandise were subject to the highest rate of duty
applicable to such merchandise imported from any country.
``(d) Maintenance of Assets in the United States.--
``(1) In general.--For purposes of subsection (b)(1), a
nonresident importer of merchandise meets the requirement to
maintain assets in the United States if the importer has clear
title, at all times between the entry of the merchandise and
the liquidation of the entry, to assets described in paragraph
(2) with a value equal to the amount determined under
subsection (c).
``(2) Assets described.--An asset described in this
paragraph is--
``(A) an asset held by a United States financial
institution;
``(B) an interest in an entity organized under the
laws of the United States or any jurisdiction within
the United States; or
``(C) an interest in real or personal property
located in the United States or any territory or
possession of the United States.
``(e) Exceptions.--The requirements of this section shall not apply
with respect to a nonresident importer--
``(1) that is a validated Tier 2 or Tier 3 participant in
the Customs-Trade Partnership Against Terrorism program
established under subtitle B of title II of the Security and
Accountability For Every Port Act of 2006 (6 U.S.C. 961 et
seq.); or
``(2) if the Commissioner is satisfied, based on certified
information supplied by the importer and any other relevant
evidence, that the Commissioner has the same or equivalent
ability to collect all duties that may potentially be applied
to merchandise imported by the importer as the Commissioner
would have if the importer were a resident importer.
``(f) Procedures.--The Commissioner shall prescribe procedures for
assuring that nonresident importers maintain the assets required by
subsection (b).
``(g) Penalties.--
``(1) In general.--It shall be unlawful for any person to
import into the United States any merchandise in violation of
this section.
``(2) Civil penalties.--Any person who violates paragraph
(1) shall be liable for a civil penalty of $50,000 for each
such violation.
``(3) Other penalties.--In addition to the penalties
specified in paragraph (2), any violation of this section that
violates any other provision of the customs and trade laws of
the United States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
4301)) shall be subject to any applicable civil or criminal
penalty, including seizure and forfeiture, that may be imposed
under that provision or title 18, United States Code.''.
(b) Clerical Amendment.--The table of contents for the Tariff Act
of 1930 is amended by inserting after the item relating to section 484b
the following:
``Sec. 484c. Asset requirements applicable to nonresident importers.''.
(c) Effective Date.--Section 484c of the Tariff Act of 1930, as
added by subsection (a)--
(1) takes effect on the date of the enactment of this Act;
and
(2) applies with respect to merchandise entered, or
withdrawn from warehouse for consumption, on or after the date
that is 180 days after such date of enactment.
TITLE IV--COUNTERING CURRENCY UNDERVALUATION
SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION UNDER
COUNTERVAILING DUTY LAW.
Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is
amended by adding at the end the following:
``(6) Currency undervaluation.--For purposes of a
countervailing duty investigation under this subtitle in which
the determinations under clauses (i) and (ii) of paragraph
(1)(A) are affirmative and the petition includes an allegation
of currency undervaluation by the government of a country or
any public entity within the territory of a country that meets
the requirements of clause (i) of that paragraph, or for
purposes of a review under subtitle C with respect to a
countervailing duty order involving such an allegation, the
administering authority shall examine in its investigation or
review whether currency undervaluation by the government of a
country or any public entity within the territory of a country
is providing, directly or indirectly, a countervailable
subsidy.''.
SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO CURRENCY
UNDERVALUATION.
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E))
is amended--
(1) in clause (iii), by striking ``, and'' and inserting a
comma;
(2) in clause (iv), by striking the period at the end and
inserting ``, and'';
(3) by inserting after clause (iv) the following:
``(v) in the case of a transaction
involving currency, if there is a difference
between the amount of currency received in
exchange for United States dollars and the
amount of currency that the recipient would
have received absent an undervalued
currency.''; and
(4) in the flush text following clause (v), as added by
paragraph (3), by adding at the end the following: ``For
purposes of clause (v), a determination of the existence and
amount of a benefit from the exchange of an undervalued
currency shall take into account a comparison of the exchange
rates derived from a methodology determined by the
administering authority to be appropriate in light of the facts
and circumstances to the relevant actual exchange rates. That
determination shall rely on authoritative information that is
on the administrative record.''.
TITLE V--GENERAL PROVISIONS
SEC. 501. APPLICATION TO CANADA AND MEXICO.
Pursuant to section 418 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4588), the amendments made by
this Act apply with respect to goods from Canada and Mexico.
SEC. 502. EFFECTIVE DATE.
(a) In General.--Except as provided by subsection (b) or (c), the
amendments made by this Act apply to countervailing duty investigations
initiated under subtitle A of title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq.), antidumping duty investigations initiated under
subtitle B of title VII of such Act (19 U.S.C. 1673 et seq.), reviews
initiated under subtitle C of title VII of such Act (19 U.S.C. 1675 et
seq.), and circumvention inquiries requested under section 781 of such
Act (19 U.S.C. 1677j), on or after the date of the enactment of this
Act.
(b) Applicability.--
(1) In general.--The amendments made by this Act apply to--
(A) investigations or reviews under title VII of
the Tariff Act of 1930 pending on the date of the
enactment of this Act if the date on which the fully
extended preliminary determination is scheduled is not
earlier than 45 days after such date of enactment;
(B) circumvention inquiries initiated under section
781 of such Act before and pending on such date of
enactment; and
(C) circumvention inquiries requested under section
781 of such Act but not initiated before such date of
enactment.
(2) Deadlines for circumvention inquiries.--
(A) Determinations.--In this case of a
circumvention inquiry described in paragraph (1)(B),
subsection (f)(4) of section 781 of the Tariff Act of
1930, as amended by section 301(a), shall be applied
and administered--
(i) in subparagraph (A)(i), by substituting
``the date of the enactment of the Eliminating
Global Market Distortions To Protect American
Jobs Act of 2021'' for ``the date on which the
administering authority initiates a
circumvention inquiry under paragraph (1) or
(3)(A)''; and
(ii) in subparagraph (C), by substituting
``the date of the enactment of the Eliminating
Global Market Distortions To Protect American
Jobs Act of 2021'' for ``the filing of the
inquiry request''.
(B) Actions with respect to inquiry requests.--In
this case of a circumvention inquiry described in
paragraph (1)(C), the administering authority (as
defined in section 771(1) of the Tariff Act of 1930 (19
U.S.C. 1677(1))) shall, not later than 20 days after
the date of the enactment of this Act, take an action
described in subsection (f)(3) of section 781 of the
Tariff Act of 1930, as amended by section 301(a), with
respect to the inquiry.
(c) Retroactive Application of Modification of Sales Below Cost
Provision.--Section 773(b)(3) of the Tariff Act of 1930 (19 U.S.C.
1677b(b)(3)), as amended by section 204(a), applies to--
(1) antidumping duty investigations initiated under
subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C.
1673 et seq.) on or after June 29, 2015;
(2) reviews initiated under subtitle C of title VII of such
Act (19 U.S.C. 1675 et seq.) on or after June 29, 2015;
(3) resulting actions by U.S. Customs and Border
Protection; and
(4) civil actions, criminal proceedings, and other
proceedings before a Federal court relating to proceedings
referred to in paragraphs (1) or (2) or actions referred to in
paragraph (3) in which final judgment has not been entered on
the date of the enactment of this Act.
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