[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.
                                 <all>