[Congressional Record Volume 158, Number 35 (Monday, March 5, 2012)]
[Senate]
[Pages S1375-S1376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 APPLYING THE COUNTERVAILING DUTY PROVISIONS OF THE TARIFF ACT OF 1930 
                     TO NONMARKET ECONOMY COUNTRIES

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to S. 2153.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2153) to apply the countervailing duty 
     provisions of the Tariff Act of 1930 to nonmarket economy 
     countries, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent the bill be read 
three times and passed; that when the Senate receives H.R. 4105 and, if 
it is identical to the text of S. 2153, the Senate proceed to the 
immediate consideration of H.R. 4105, the bill be read a third time and 
passed, with no amendment in order prior to passage; that the motion to 
reconsider be laid on the table, with no intervening action or debate, 
and any statements be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The bill (S. 2153) was ordered to be engrossed for a third reading, 
was read the third time and passed, as follows:

                                S. 2153

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO 
                   NONMARKET ECONOMY COUNTRIES.

       (a) In General.--Section 701 of the Tariff Act of 1930 (19 
     U.S.C. 1671) is amended by adding at the end the following:
       ``(f) Applicability to Proceedings Involving Nonmarket 
     Economy Countries.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     merchandise on which countervailing duties shall be imposed 
     under subsection (a) includes a class or kind of merchandise 
     imported, or sold (or likely to be sold) for importation, 
     into the United States from a nonmarket economy country.
       ``(2) Exception.--A countervailing duty is not required to 
     be imposed under subsection (a) on a class or kind of 
     merchandise imported, or sold (or likely to be sold) for 
     importation, into the United States from a nonmarket economy 
     country if the administering authority is unable to identify 
     and measure subsidies provided by the government of the 
     nonmarket economy country or a public entity within the 
     territory of the nonmarket economy country because the 
     economy of that country is essentially comprised of a single 
     entity.''.
       (b) Effective Date.--Subsection (f) of section 701 of the 
     Tariff Act of 1930, as added by subsection (a) of this 
     section, applies to--
       (1) all proceedings initiated under subtitle A of title VII 
     of that Act (19 U.S.C. 1671 et seq.) on or after November 20, 
     2006;
       (2) all resulting actions by U.S. Customs and Border 
     Protection; and
       (3) all civil actions, criminal proceedings, and other 
     proceedings before a Federal court relating to proceedings 
     referred to in paragraph (1) or actions referred to in 
     paragraph (2).

[[Page S1376]]

     SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS 
                   RELATING TO IMPORTS FROM NONMARKET ECONOMY 
                   COUNTRIES.

       (a) In General.--Section 777A of the Tariff Act of 1930 (19 
     U.S.C. 1677f 1) is amended by adding at the end the 
     following:
       ``(f) Adjustment of Antidumping Duty in Certain Proceedings 
     Relating to Imports From Nonmarket Economy Countries.--
       ``(1) In general.--If the administering authority 
     determines, with respect to a class or kind of merchandise 
     from a nonmarket economy country for which an antidumping 
     duty is determined using normal value pursuant to section 
     773(c), that--
       ``(A) pursuant to section 701(a)(1), a countervailable 
     subsidy (other than an export subsidy referred to in section 
     772(c)(1)(C)) has been provided with respect to the class or 
     kind of merchandise,
       ``(B) such countervailable subsidy has been demonstrated to 
     have reduced the average price of imports of the class or 
     kind of merchandise during the relevant period, and
       ``(C) the administering authority can reasonably estimate 
     the extent to which the countervailable subsidy referred to 
     in subparagraph (B), in combination with the use of normal 
     value determined pursuant to section 773(c), has increased 
     the weighted average dumping margin for the class or kind of 
     merchandise,
     the administering authority shall, except as provided in 
     paragraph (2), reduce the antidumping duty by the amount of 
     the increase in the weighted average dumping margin estimated 
     by the administering authority under subparagraph (C).
       ``(2) Maximum reduction in antidumping duty.--The 
     administering authority may not reduce the antidumping duty 
     applicable to a class or kind of merchandise from a nonmarket 
     economy country under this subsection by more than the 
     portion of the countervailing duty rate attributable to a 
     countervailable subsidy that is provided with respect to the 
     class or kind of merchandise and that meets the conditions 
     described in subparagraphs (A), (B), and (C) of paragraph 
     (1).''.
       (b) Effective Date.--Subsection (f) of section 777A of the 
     Tariff Act of 1930, as added by subsection (a) of this 
     section, applies to--
       (1) all investigations and reviews initiated pursuant to 
     title VII of that Act (19 U.S.C. 1671 et seq.) on or after 
     the date of the enactment of this Act; and
       (2) subject to subsection (c) of section 129 of the Uruguay 
     Round Agreements Act (19 U.S.C. 3538), all determinations 
     issued under subsection (b)(2) of that section on or after 
     the date of the enactment of this Act.

  Mr. REID. Mr. President, this is an extremely important piece of 
legislation we just adopted. It has had bipartisan support and we were 
able to do it quickly. We had hoped the House--and I am confident they 
will--would follow our example in passing this bill quickly.

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