[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1856 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1856

   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

                              June 7, 2023

   Mr. Brown (for himself, Mr. Young, Ms. Klobuchar, Mr. Braun, Mr. 
   Manchin, Mr. Tuberville, Ms. Baldwin, Mr. Cotton, Mr. Casey, Mrs. 
    Capito, Mr. Fetterman, Mr. Vance, and Ms. Smith) 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 ``Leveling the 
Playing Field 2.0 Act''.
    (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 normal value to account for 
                            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--PREVENTING DUTY EVASION

Sec. 501. Limitation on protest against decisions of U.S. Customs and 
                            Border Protection of claims of evasion of 
                            antidumping and countervailing duty orders.
Sec. 502. Procedures for investigating claims of evasion of safeguard 
                            actions.
Sec. 503. Application of provisions relating to certain proprietary 
                            information.
                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Application to Canada and Mexico.
Sec. 602. 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) consider the 
                                        condition of the domestic 
                                        industry as found in a recently 
                                        completed investigation;
                                            ``(bb) consider 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) include in the 
                                        record any prior injury 
                                        determinations by the 
                                        Commission with respect to 
                                        imports of the merchandise.
                                    ``(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 
                                solely 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.--In making any finding under 
                        section 705(b)(4)(A) or 735(b)(4)(A) in a 
                        successive investigation, the Commission shall 
                        consider that 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.''.
    (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 paragraph (7)(E) and sections 702(f), 732(f), 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 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 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) upon receipt of an allegation by the 
                petitioner pursuant to section 703(e), shall make a 
                determination under section 703(e) with respect to the 
                investigation;
                    ``(D) shall issue a final determination under 
                section 705(a) not later than 75 days after issuing the 
                preliminary determination under subparagraph (A); and
                    ``(E) 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 140 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) upon receipt of an allegation by the 
                petitioner pursuant to section 733(e), shall make a 
                determination under section 733(e) with respect to the 
                investigation;
                    ``(D) shall issue a final determination under 
                section 735(a) not later than 75 days after issuing the 
                preliminary determination under subparagraph (A); and
                    ``(E) may extend the date of the final 
                determination under section 735(a)(2) if requested by 
                the petitioner.''.
    (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) In General.--Section 701(d) of the Tariff Act of 1930 (19 
U.S.C. 1671(d)) is amended--
            (1) in the subsection heading, by striking ``Treatment of 
        International Consortia'' and inserting ``Cumulation of Cross-
        Border Subsidies'';
            (2) by striking ``For purposes'' and inserting the 
        following:
            ``(1) International consortia and multinational 
        corporations.--For purposes'';
            (3) in paragraph (1), as designated by paragraph (2)--
                    (A) by inserting after ``in their respective home 
                countries,'' the following: ``or multinational 
                corporations that are engaged in the production of 
                subject merchandise receive countervailable subsidies 
                to assist, permit, or otherwise enable their production 
                or manufacturing operations in the country in which the 
                class or kind of merchandise is produced, exported, or 
                sold (or likely to be sold) for importation into the 
                United States,''; and
                    (B) by inserting after ``the international 
                consortium'' the following: ``or multinational 
                corporation''; and
            (4) by adding at the end the following:
            ``(2) Transnational subsidies.--
                    ``(A) In general.--For purposes of this subtitle, 
                if there is a countervailable subsidy by a government 
                of a third country or any public entity within the 
                territory of a third country with respect to the 
                manufacture, production, or export of a class or kind 
                of merchandise that is produced, exported, or sold (or 
                likely to be sold) for importation into the United 
                States from the territory of the subject country, and 
                the government of the subject country or any public 
                entity within the territory of the subject country 
                facilitates the provision of such subsidy, then the 
                administering authority shall treat the subsidy as 
                having been provided by the government of the subject 
                country or a public entity within the territory of the 
                subject country and shall cumulate all such 
                countervailable subsidies, as well as countervailable 
                subsidies provided directly or indirectly by the 
                government or any public entity within the territory of 
                the subject country.
                    ``(B) Application.--This paragraph shall be applied 
                in a manner consistent with the international 
                obligations of the United States.''.
    (b) Definitions.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended--
            (1) in paragraph (5A), by inserting after subparagraph (D) 
        the following:
                    ``(E) Transnational subsidy.--In determining 
                whether a transnational subsidy is a specific subsidy, 
                in law or in fact, the administering authority shall 
                examine the situation in the subject country based on 
                subparagraphs (B), (C), and (D).'';
            (2) in paragraph (9)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period at 
                the end and inserting ``, and''; and
                    (C) by adding at the end the following:
                    ``(H) in any proceeding under subtitle A involving 
                a transnational subsidy, the government of the third 
                country.''; and
            (3) by adding at the end the following:
            ``(38) Multinational corporation.--The term `multinational 
        corporation' means a person, firm, or corporation that owns or 
        controls, directly or indirectly, facilities for the production 
        of subject merchandise in two or more foreign countries.''.
    (c) Upstream Subsidies.--Section 771A of the Tariff Act of 1930 (19 
U.S.C. 1677-1) is amended by adding at the end the following:
    ``(d) Multinational Corporations.--
            ``(1) In general.--This section shall apply to purchases of 
        input products by multinational corporations if--
                    ``(A) the multinational corporation manufactures or 
                produces merchandise in a country that is the subject 
                of a countervailing duty proceeding;
                    ``(B) the multinational corporation purchases the 
                input product from a cross-owned company located in a 
                third country with respect to which the administering 
                authority has made an affirmative determination under 
                section 703(b)(1) or 705(a)(1) with respect to a 
                countervailable subsidy provided--
                            ``(i) for the manufacture, production, or 
                        exportation of that input product; or
                            ``(ii) to that cross-owned company; and
                    ``(C) in the judgment of the administering 
                authority, the countervailing subsidy described in 
                subparagraph (B) bestows a competitive benefit on that 
                merchandise.
            ``(2) Timing of subsidy.--If a countervailable subsidy is 
        provided to a multinational corporation or a cross-owned 
        company that did not exist at the time the administering 
        authority made an affirmative determination described in 
        paragraph (1)(B), the administering authority is not precluded 
        from examining the subsidy under paragraph (1).
            ``(3) Application.--This subsection shall be applied in a 
        manner consistent with the international obligations of the 
        United States.
            ``(4) Definitions.--In this subsection:
                    ``(A) Cross-owned company; multinational 
                corporation.--The terms `cross-owned company' and 
                `multinational corporation' have the meanings given 
                those terms as defined by the administering authority 
                by regulation.
                    ``(B) Upstream subsidy.--The term `upstream 
                subsidy' has the meaning given that term in subsection 
                (a), except that the term shall include an export 
                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 NORMAL VALUE TO ACCOUNT FOR 
              DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUNTRIES.

    (a) Normal Value.--
            (1) In general.--Section 773(b)(3) of the Tariff Act of 
        1930 (19 U.S.C. 1677b(b)(3)) is amended--
                    (A) in subparagraph (A), by striking ``business'' 
                and inserting ``trade''; and
                    (B) 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 
                reasonably 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.''.
            (2) Reflection of costs of production.--Section 773(e) of 
        the Tariff Act of 1930 (19 U.S.C. 1677b(e)) is amended, in the 
        first sentence of the flush text after paragraph (3), by 
        striking ``accurately'' and inserting ``reasonably''.
    (b) Modification of Definition of Ordinary Course of Trade.--
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)(C)) is 
amended--
            (1) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively, and moving those 
        clauses, as so redesignating, two ems to the right;
            (2) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term'';
            (3) in subparagraph (A), as designated by paragraph (2), in 
        clause (iii), as redesignated by paragraph (1)--
                    (A) by striking ``that the particular market 
                situation prevents'' and inserting ``that a particular 
                market situation exists that--
                                    ``(I) prevents'';
                    (B) in subclause (I), as designated by subparagraph 
                (A), by striking the period at the end and inserting 
                ``, relating to normal value determined under 
                subsection (a) of section 773; or''; and
                    (C) by adding at the end the following:
                                    ``(II) distorts costs of 
                                production, relating to normal value 
                                determined under subsections (b) and 
                                (e) of section 773.''; and
            (4) by adding at the end the following:
                    ``(B) Cost of production.--For purposes of making a 
                determination under subparagraph (A)(iii)(II) with 
                respect to subject merchandise, the administering 
                authority shall determine that a particular market 
                situation exists that distorts costs of production if a 
                particular market situation exists such that the cost 
                of materials and fabrication or other processing of any 
                kind does not reasonably reflect the cost of production 
                in the ordinary course of trade.''.
    (c) Definition of Particular Market Situation.--Section 771 of the 
Tariff Act of 1930 (19 U.S.C. 1677), as amended by sections 101(b) and 
201(b)(3), is further amended by adding at the end the following:
            ``(39) Particular market situation.--
                    ``(A) In general.--The term `particular market 
                situation' means a certain circumstance or set of 
                circumstances that the administering authority 
                determines either prevents a proper comparison of 
                prices in the comparison market with the export price 
                or constructed export price or distorts the costs of 
                production of the subject merchandise.
                    ``(B) Distortion of costs of production.--
                            ``(i) Examples of distortions of costs of 
                        production that may create a particular market 
                        situation.--Examples of circumstances that are 
                        likely to distort the costs of production and 
                        thus are deemed to create a particular market 
                        situation for subject merchandise for purposes 
                        of subparagraph (A) include the following 
                        circumstances:
                                    ``(I) An input into the production 
                                of subject merchandise is produced in 
                                such amounts that there is more supply 
                                than demand in international markets 
                                for the input.
                                    ``(II) A foreign government, a 
                                state-owned enterprise, or any other 
                                public body is the predominant producer 
                                or supplier of an input into the 
                                production of subject merchandise.
                                    ``(III) A foreign government 
                                intervenes in the market for an input 
                                into the production of subject 
                                merchandise.
                                    ``(IV) A foreign government limits 
                                exports of an input into the production 
                                of subject merchandise.
                                    ``(V) A foreign government imposes 
                                export taxes on an input into the 
                                production of subject merchandise.
                                    ``(VI) A foreign government exempts 
                                an importer, producer, or exporter of 
                                subject merchandise from paying duties 
                                or taxes associated with trade remedies 
                                established by the foreign government 
                                relating to an input into the 
                                production of subject merchandise.
                                    ``(VII) A foreign government 
                                rebates duties or taxes paid by an 
                                importer, producer, or exporter of 
                                subject merchandise associated with 
                                trade remedies established by the 
                                foreign government related to an input 
                                into the production of subject 
                                merchandise.
                                    ``(VIII) A foreign government 
                                provides financial assistance or 
                                support to the producer or exporter of 
                                subject merchandise, or to a producer 
                                or supplier of an input into the 
                                production of subject merchandise.
                                    ``(IX) A foreign government takes 
                                action that influences the production 
                                of subject merchandise or an input into 
                                the production of subject merchandise, 
                                such as domestic content and technology 
                                transfer requirements.
                                    ``(X) A foreign government does not 
                                enforce its property (including 
                                intellectual property), human rights, 
                                labor, or environmental protection laws 
                                and policies, or those laws and 
                                policies are otherwise shown to be 
                                ineffective with respect to either a 
                                producer or exporter of subject 
                                merchandise, or to a producer or 
                                supplier of an input into the 
                                production of subject merchandise in 
                                the subject country.
                                    ``(XI) A foreign government does 
                                not implement property (including 
                                intellectual property), human rights, 
                                labor, or environmental protection laws 
                                and policies.
                                    ``(XII) A business relationship 
                                between one or more producers of 
                                subject merchandise and suppliers of 
                                inputs to the production of subject 
                                merchandise is such that prices of the 
                                inputs are not determined in accordance 
                                with general market principles, such as 
                                through a strategic alliance or 
                                noncompetitive arrangement.
                            ``(ii) Distortions caused by particular 
                        market situations need not be quantified.--If 
                        the administering authority determines the 
                        existence of a particular market situation 
                        under subparagraph (A) but cannot measure the 
                        distortions caused by that particular market 
                        situation on prices or costs in the exporting 
                        country, the administering authority is not 
                        required to quantify those distortions and may 
                        use any available information and methodology 
                        to address those distortions in its analysis 
                        and calculations.
                            ``(iii) Particular market situations may 
                        exist in multiple countries.--
                                    ``(I) In general.--The same market 
                                situation, or a similar market 
                                situation, that distorts the costs of 
                                production of the subject merchandise 
                                can exist in multiple countries or 
                                markets and still be considered 
                                particular if the administering 
                                authority determines that a market 
                                situation exists that distorts costs of 
                                production for certain products or 
                                parties in the subject country.
                                    ``(II) No limitation.--There is no 
                                limitation to the number of products or 
                                parties that may be impacted by a 
                                particular market situation.
                    ``(C) Other factors.--In finding that a particular 
                market situation exists, or in using another 
                calculation methodology under this paragraph, the 
                administering authority is not required to consider--
                            ``(i) the costs or prices that would 
                        otherwise exist in the ordinary course of trade 
                        in the absence of the particular market 
                        situation or any of its contributing 
                        circumstances;
                            ``(ii) whether there is any difference 
                        between the particular market situation or any 
                        of its contributing circumstances in the 
                        exporting country as opposed to any other 
                        country; or
                            ``(iii) the length of time that the 
                        particular market situation or any of its 
                        contributing circumstances has existed.''.

SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF PRODUCTION AND 
              CONSTRUCTED VALUE TO ADDRESS DISTORTED COSTS.

    Section 773(f)(3) of the Tariff Act of 1930 (19 U.S.C. 1677b(f)(3)) 
is amended--
            (1) by striking ``If, in the case'' and inserting the 
        following:
                    ``(A) Major inputs from affiliated persons.--If, in 
                the case''; and
            (2) by adding at the end the following:
                    ``(B) Major inputs from certain unaffiliated 
                persons.--
                            ``(i) In general.--In the case of a 
                        transaction between the exporter or producer of 
                        the merchandise and any unaffiliated person 
                        described in clause (ii) involving a major 
                        input to the merchandise, the administering 
                        authority may value such major input based on 
                        the information available regarding what the 
                        amount would have been if the transaction had 
                        occurred between the exporter or producer of 
                        the merchandise and an unaffiliated person that 
                        is not described in clause (ii) if that amount 
                        is greater than the amount reflected in the 
                        records of the exporter or producer of the 
                        merchandise.
                            ``(ii) Unaffiliated persons described.--An 
                        unaffiliated person described in this clause 
                        is--
                                    ``(I) any person in a nonmarket 
                                economy country;
                                    ``(II) any producer, exporter, or 
                                supplier of the input described in 
                                clause (i) found by the administering 
                                authority, or by any investigating 
                                authority of a third country, to be 
                                receiving a countervailable subsidy 
                                pertaining to an identical or 
                                comparable input in the subject country 
                                if there is no countervailing duty 
                                imposed on the input pursuant to a 
                                measure in effect in the exporting 
                                country based upon a finding by the 
                                investigating authority of the 
                                exporting country that the producer or 
                                supplier of the input described in 
                                clause (i) received a countervailable 
                                subsidy;
                                    ``(III) any producer, exporter, or 
                                supplier of the input described in 
                                clause (i) found by the administering 
                                authority, or by any investigating 
                                authority of a third country to be 
                                selling an identical or comparable 
                                input for less than fair market value 
                                in the subject country if there is no 
                                antidumping duty imposed on the input 
                                pursuant to a measure in effect in the 
                                exporting country based upon a finding 
                                by the investigating authority of the 
                                exporting country that the producer or 
                                supplier sold the input described in 
                                clause (i) for less than fair market 
                                value into the subject country;
                                    ``(IV) a government or public body 
                                within the territory of the exporting 
                                country or any other country; or
                                    ``(V) a group of governments or 
                                public bodies, or a combination 
                                thereof, that collectively account for 
                                a meaningful share of the production of 
                                the input described in clause (i).
                            ``(iii) Application.--Subclauses (I), (II), 
                        and (III) of clause (ii) shall not apply to 
                        inputs described in clause (i) that are 
                        produced in the exporting country.''.

                  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.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 45 days after the filing of an inquiry 
                request under paragraph (2)(A), the administering 
                authority shall--
                            ``(i) initiate a circumvention inquiry;
                            ``(ii) dismiss the inquiry request as 
                        inadequate and notify the requestor in writing 
                        of the reasons for the dismissal; or
                            ``(iii) notify all interested parties that 
                        the inquiry request will be addressed through a 
                        determination under section 781A 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.
                    ``(B) Extension.--The administering authority may 
                extend the deadline under subparagraph (A) by a period 
                not to exceed 15 days if an interested party has placed 
                information on the record in response to the request 
                for a circumvention inquiry.
            ``(4) Determinations.--
                    ``(A) Preliminary determinations.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 150 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 60 days.
                    ``(B) Final determinations.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 150 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 65 days.
                    ``(C) Other class or kind determinations.--If an 
                inquiry request under paragraph (2)(A) is addressed 
                through a class or kind determination under section 
                781A, 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 determination 
        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) Initiation.--If the administering authority initiates 
        a circumvention inquiry under paragraph (1) or (3)(A) of 
        subsection (f), for each unliquidated entry of merchandise 
        subject to the circumvention inquiry that was already subject 
        to the suspension of liquidation, the administering authority 
        shall order--
                    ``(A) the continued suspension of liquidation of 
                such entry; and
                    ``(B) the continued posting of a cash deposit, at 
                the prevailing all-others or country-wide rate, for 
                each such entry.
            ``(2) Preliminary determination.--If the administering 
        authority issues a preliminary affirmative determination under 
        paragraph (4)(A) of subsection (f) with respect to a 
        circumvention inquiry initiated under paragraph (1) or (3)(A) 
        of that subsection, the administering authority shall order--
                    ``(A) the continued suspension of liquidation for 
                each unliquidated entry of merchandise subject to the 
                circumvention inquiry that was already subject to the 
                suspension of liquidation;
                    ``(B) the suspension of liquidation for each 
                unliquidated entry of merchandise subject to the 
                circumvention inquiry not yet suspended that is 
                entered, or withdrawn from warehouse, for consumption 
                on or after the date of publication of the notice of 
                initiation of the circumvention inquiry;
                    ``(C) the suspension of liquidation for each entry 
                of merchandise subject to the circumvention inquiry not 
                yet suspended that is entered, or withdrawn from 
                warehouse, for consumption before the date of 
                publication of the notice of initiation of the 
                circumvention inquiry if the administering authority 
                determines, under the circumstances, that suspension 
                under this subparagraph is warranted; and
                    ``(D) the posting, or continued posting, of a cash 
                deposit in an amount equal to the antidumping duty or 
                countervailing duty applicable for each entry of 
                merchandise described in subparagraph (A), (B), or (C).
            ``(3) Final determination.--If the administering authority 
        issues a final affirmative determination under paragraph (4)(B) 
        of subjection (f) with respect to a circumvention inquiry 
        initiated under paragraph (1) or (3)(A) of that subsection, the 
        administering authority shall order--
                    ``(A) the continued suspension of liquidation for 
                each unliquidated entry of merchandise subject to the 
                circumvention inquiry that was already subject to the 
                suspension of liquidation;
                    ``(B) the suspension of liquidation of each entry 
                of merchandise subject to the circumvention inquiry 
                that is entered, or withdrawn from warehouse, for 
                consumption on or after the date of publication of the 
                notice of initiation of the circumvention inquiry;
                    ``(C) the suspension of liquidation of each entry 
                of merchandise subject to the circumvention inquiry 
                that is entered, or withdrawn from warehouse, for 
                consumption before the date of publication of the 
                notice of initiation of circumvention inquiry if the 
                administering authority determines, under the 
                circumstances, that suspension under this subparagraph 
                is warranted; and
                    ``(D) the posting, or continued posting, of a cash 
                deposit in an amount equal to the antidumping duty or 
                countervailing duty applicable for each entry of 
                merchandise described in subparagraph (A), (B), or (C).
            ``(4) 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 under section 781A.
    ``(h) Application of Circumvention Determination.--
            ``(1) In general.--The administering authority shall 
        consider the appropriate remedy to address circumvention and 
        prevent evasion of an order or finding pursuant to an 
        affirmative determination under subparagraph (A) or (B) of 
        subsection (f)(4).
            ``(2) Remedies considered.--Remedies considered under 
        paragraph (1) may include the following:
                    ``(A) The application of the determination 
                described in paragraph (1) on a producer-specific, 
                exporter-specific, or importer-specific basis, or some 
                combination thereof, and, as the administering 
                authority determines appropriate, the implementation of 
                a certification requirement under section 785.
                    ``(B) The application of the determination 
                described in paragraph (1) on a countrywide basis to 
                all merchandise from a particular country, regardless 
                of producer, exporter, or importer of that merchandise, 
                and, as the administering authority determines 
                appropriate, the implementation of a certification 
                requirement under section 785.
            ``(3) Exemption for merchandise under certification.--If a 
        certification requirement under section 785 is implemented 
        under this subsection and the importer or other party to which 
        the requirement is applied complies with that requirement, 
        antidumping and countervailing duties under this title may not 
        be applied to the merchandise under certification.''.
    (c) Publication in the Federal Register.--Section 777(i) of the 
Tariff Act of 1930 (19 U.S.C. 1677f(i)) 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.''.
    (d) 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 if good cause for 
        verification is shown.''.

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 Suspend Liquidation, Collect Cash Deposits and 
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) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.) is amended by inserting after section 781 the 
following:

``SEC. 781A. DETERMINATIONS OF MERCHANDISE COVERED UNDER ANTIDUMPING OR 
              COUNTERVAILING DUTY PROCEEDING.

    ``(a) In General.--To determine whether merchandise imported into 
the United States is covered by an antidumping or countervailing duty 
proceeding under this title, 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) Class or Kind of Merchandise.--For purposes of this title, 
determinations regarding whether merchandise is the same class or kind 
may be made under this section or under section 781 in accordance with 
the criteria set forth in this section or in section 781, as the case 
may be.
    ``(c) Origin of Merchandise.--To determine the origin of 
merchandise for purposes of an antidumping or countervailing duty 
proceeding under this title, the administering authority may apply any 
reasonable method and may consider relevant factors, including--
            ``(1) whether the processed downstream product is a 
        different class or kind of merchandise than the upstream 
        product;
            ``(2) the physical characteristics of the merchandise;
            ``(3) the intended end use of the downstream product;
            ``(4) the cost of production and the value added of further 
        processing in a third country or countries;
            ``(5) the nature and sophistication of processing in a 
        third country or countries;
            ``(6) the level of investment in a third country or 
        countries; and
            ``(7) any other factors that the administering authority 
        considers appropriate, including whether an essential 
        characteristic of the merchandise, or an essential component 
        thereof, is substantially transformed in the country of 
        exportation.''.
    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930 is amended by inserting after the item relating to section 781 
the following:

``Sec. 781A. Determinations of merchandise covered under antidumping or 
                            countervailing duty proceeding.''.
    (c) Reviewable Determinations.--Section 516A(a)(2)(A) of the Tariff 
Act of 1930 (19 U.S.C. 1516a(a)(2)(A)) is amended--
            (1) in clause (i)(I), by striking ``(iv),''; and
            (2) by amending clause (ii) to read as follows:
                            ``(ii) the date of publication in the 
                        Federal Register of notice of a determination 
                        described in clause (iv) of subparagraph (B) 
                        or, if no such notice is published, the date on 
                        which the administering authority conveys a 
                        copy of such determination to an interested 
                        party who is a party to the proceeding,''.

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--
                    ``(A) in the case of merchandise described in such 
                paragraph with a domestic value that is equal to or 
                greater than $50,000, be liable for a civil penalty of 
                $50,000 for each such violation; or
                    ``(B) in the case of merchandise described in such 
                paragraph with a domestic value that is less than 
                $50,000, be liable for a civil penalty equal to 50 
                percent of the amount of such domestic value 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 and Application.--
            (1) In general.--Section 484c of the Tariff Act of 1930, as 
        added by subsection (a)--
                    (A) takes effect on the date of the enactment of 
                this Act; and
                    (B) 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.
            (2) Deadline for procedures.--The Commissioner of U.S. 
        Customs and Border Protection shall ensure the procedures 
        required under subsection (f) of section 484c of the Tariff Act 
        of 1930, as added by subsection (a), are prescribed and in 
        effect not later than 90 days after the date of the enactment 
        of this Act.

              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 an exchange of an 
                        undervalued currency under a unified exchange 
                        rate, 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, and 
        whether there is government action on the exchange rate that 
        contributes to an undervaluation of the currency.''.

                    TITLE V--PREVENTING DUTY EVASION

SEC. 501. LIMITATION ON PROTEST AGAINST DECISIONS OF U.S. CUSTOMS AND 
              BORDER PROTECTION OF CLAIMS OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    (a) Expansion of Limitation.--Section 514(b) of the Tariff Act of 
1930 (19 U.S.C. 1514(b)) is amended--
            (1) by striking ``title, determinations'' and inserting 
        ``title, or with respect to determinations made under section 
        517 of this title which are reviewable under section 517(g), 
        determinations''; and
            (2) by inserting after ``a determination listed in section 
        516A of this title'' the following: ``or a determination listed 
        in section 517 of this title, as the case may be,''.
    (b) Rule of Construction on Investigation of Claims of Evasion.--
Section 517(h) of the Tariff Act of 1930 (19 U.S.C. 1517(h)) is amended 
by inserting before the period at the end the following: ``, except 
that any decision as to the liquidation or reliquidation of an entry of 
covered merchandise in accordance with a determination under subsection 
(c) and review under subsection (f), if applicable, shall not be 
subject to a protest of such decision filed in accordance with section 
514''.

SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF SAFEGUARD 
              ACTIONS.

    (a) Tariff Act of 1930.--Section 517 of the Tariff Act of 1930 (19 
U.S.C. 1517) is amended--
            (1) in the section heading, by inserting ``and safeguard 
        actions'' after ``orders'';
            (2) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) an action taken under section 203 of the 
                Trade Act of 1974 (19 U.S.C. 2253).''; and
                    (B) in paragraph (5)(A), by inserting after 
                ``applicable antidumping or countervailing duties'' the 
                following: ``or any applicable safeguard action'';
            (3) in subsection (b)(4), in subparagraphs (A) and (B), by 
        inserting after ``covered merchandise'' each place it appears 
        the following: ``under subparagraph (A) or (B) of subsection 
        (a)(3)'';
            (4) in subsection (d)(1)--
                    (A) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        inserting after ``(C)'' the following: ``if the 
                        determination relates to covered merchandise 
                        under subparagraph (A) or (B) of subsection 
                        (a)(3),''; and
                            (ii) in clause (i), by inserting ``of this 
                        paragraph'' after ``subparagraphs (A) and 
                        (B)''; and
                    (B) in subparagraph (D)--
                            (i) by inserting after ``(D)'' the 
                        following: ``if the determination relates to 
                        covered merchandise under subparagraph (A) or 
                        (B) of subsection (a)(3),''; and
                            (ii) by inserting ``of this paragraph'' 
                        after ``subparagraphs (A) and (B)''.
    (b) Trade Facilitation and Trade Enforcement Act of 2015.--The 
Trade Facilitation and Trade Enforcement Act of 2015 is amended--
            (1) in section 402 (19 U.S.C. 4361)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) an action taken under section 203 of the 
                Trade Act of 1974 (19 U.S.C. 2253).'';
                    (B) in paragraph (5), by inserting after 
                ``applicable antidumping or countervailing duties'' the 
                following: ``or any applicable safeguard action''; and
                    (C) in paragraph (7), by inserting before the 
                period at the end the following: ``and chapter 1 of 
                title II of the Trade Act of 1974 (19 U.S.C. 2251 et 
                seq.)''; and
            (2) in section 412 (19 U.S.C. 4372)--
                    (A) in subsection (a)(2)--
                            (i) by redesignating subparagraphs (A), 
                        (B), and (C) as subparagraphs (B), (C), and 
                        (D), respectively; and
                            (ii) by inserting before subparagraph (B), 
                        as redesignated by clause (i), the following:
                    ``(A) a person reasonably suspected of entering 
                covered merchandise into the customs territory of the 
                United States through evasion;''; and
                    (B) in subsection (b)(1)--
                            (i) in subparagraph (B)--
                                    (I) by redesignating clauses (i), 
                                (ii), and (iii) as clauses (ii), (iii), 
                                and (iv), respectively; and
                                    (II) by inserting before clause 
                                (ii), as redesignated by subclause (I), 
                                the following:
                            ``(i) a person from whom information was 
                        requested pursuant to subsection (a)(2)(A);''; 
                        and
                            (ii) in subparagraph (C), by striking 
                        ``clause (ii) or (iii)'' and inserting ``clause 
                        (i), (iii), or (iv)''.

SEC. 503. APPLICATION OF PROVISIONS RELATING TO CERTAIN PROPRIETARY 
              INFORMATION.

    (a) In General.--Section 517 of the Tariff Act of 1930 (19 U.S.C. 
1517), as amended by section 502(a), is further amended by adding at 
the end the following:
    ``(i) Application of Provisions Relating to Certain Proprietary 
Information.--
            ``(1) In general.--Except as provided in paragraph (2), 
        subsections (b), (c), and (d) of section 777, relating to 
        information submitted in connection with proceedings under 
        title VII, shall apply with respect to information submitted in 
        connection with proceedings under this section to the same 
        extent and in the same manner as those subsections may apply to 
        information submitted in connection with proceedings under 
        title VII.
            ``(2) Exceptions.--In carrying out paragraph (1), 
        subsections (b), (c), and (d) of section 777 shall be applied 
        and administered as follows:
                    ``(A) By substituting `the Commissioner' for each 
                of the following terms each place those terms appear:
                            ``(i) `the administering authority or the 
                        Commission'.
                            ``(ii) `the administering authority and the 
                        Commission'.
                            ``(iii) `the administering authority'.
                    ``(B) Paragraphs (1)(A) and (3) of such subsection 
                (b) shall not apply.
                    ``(C) The second and third sentences of such 
                subsection (c)(1)(A) shall not apply.
                    ``(D) In such subsection (c)--
                            ``(i) in paragraph (1)--
                                    ``(I) in subparagraph (B), by 
                                substituting `determine to be 
                                appropriate' for `determine to be 
                                appropriate, including disbarment from 
                                practice before the agency'; and
                                    ``(II) in subparagraph (C)--
                                            ``(aa) in clause (i), by 
                                        substituting `14 days' for `14 
                                        days (7 days if the submission 
                                        pertains to a proceeding under 
                                        section 703(a) or 733(a))'; and
                                            ``(bb) in the text 
                                        following clause (ii)(II), by 
                                        substituting `30 days' for `30 
                                        days (10 days if the submission 
                                        pertains to a proceeding under 
                                        section 703(a) or 733(a))'; and
                            ``(ii) in paragraph (2), by substituting 
                        `United States Court of International Trade' 
                        for `United States Customs Court'.''.
    (b) Regulations.--The Commissioner of U.S. Customs and Border 
Protection shall prescribe such regulations as may be necessary to 
implement subsection (i) of section 517 of the Tariff Act of 1930 (19 
U.S.C. 1517), as added by subsection (a).
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. 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. 602. 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.--Except as provided in subsection (c), the 
        amendments made by this Act apply to--
                    (A) investigations or reviews under title VII of 
                the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 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 (19 U.S.C. 1677j) 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 (19 U.S.C. 1677j), 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 Leveling the 
                        Playing Field 2.0 Act'' 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 Leveling the 
                        Playing Field 2.0 Act'' for ``the filing of the 
                        inquiry request''.
                    (B) Actions with respect to inquiry requests.--In 
                the 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 (19 U.S.C. 1677j), as amended by 
                section 301(a), with respect to the inquiry.
    (c) Retroactive Application of Provision on Determination of Normal 
Value to Account for Distortions of Costs That Occur in Foreign 
Countries.--The amendments made by section 204 apply 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) actions by U.S. Customs and Border Protection resulting 
        from an investigation specified in paragraph (1) or a review 
        specified in paragraph (2); and
            (4) civil actions, criminal proceedings, and other 
        proceedings before a Federal court relating to proceedings 
        specified in paragraph (1) or (2) or actions specified to in 
        paragraph (3) in which final judgment has not been entered on 
        or before the date of the enactment of this Act.
                                 <all>